La. Admin. Code tit. 43 § XV-3137

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-3137 - Written Decision on Challenges to Ownership or Control Listings or Findings

A. Within 60 days of receipt of the challenge under §3133 A, the regulatory authority identified under §3133 A, will review and investigate the evidence and explanatory materials submitted and any other reasonably available information bearing on the challenge and issue a written decision. The decision must state whether the applicant owns or controls the relevant surface coal mining operation, or owned or controlled the operation, during the relevant time period.

B. The office will promptly provide the applicant with a copy of this decision by either:

1. certified mail, return receipt requested; or

2. any means consistent with the rules governing service of a summons and complaint under Rule 4 of the Federal Rules of Civil Procedure, or its state regulatory program counterparts.

C. Service of the decision on the applicant is complete upon delivery and is not incomplete if delivery is refused.

D. The office will post all decisions made under this Section on AVS.

E. Any person who receives a written decision under this Section, and who wishes to appeal that decision, must exhaust administrative remedies under Chapter 33 before seeking judicial review.

F. Following the written decision or any decision by a reviewing administrative or judicial tribunal, the office must review the information in AVS to determine if it is consistent with the decision. If it is not, the office must promptly revise the information in AVS to reflect the decision.

La. Admin. Code tit. 43, § XV-3137

Promulgated by the Department of Natural Resources, Office of Conservation, LR 37:2734 (September 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.