La. Admin. Code tit. 43 § XV-6303

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-6303 - Citizens' Requests for Inspections

A. A citizen may request an inspection under §6301. B by furnishing to an authorized representative of the commissioner a signed, written statement, or an oral report followed by a signed, written statement, giving the authorized representative reason to believe that a violation, condition or practice referred to in §6301. B.1 exists and setting forth a phone number and address where the citizen can be contacted.

B. The identity of any person supplying information to the office relating to a possible violation or imminent danger or harm shall remain confidential with the office, if requested by that person, unless that person elects to accompany the inspector on the inspection, or unless disclosure is required under other state law.

C. If an inspection is conducted as a result of information provided to the office by a citizen as described in §6303 A, the citizen shall be notified as far in advance as practicable as to when the inspection is to occur and shall be allowed to accompany the authorized representative of the commissioner during the inspection. Such person has a right of entry to, upon and through the coal exploration, development or surface coal mining and reclamation operation about which he or she supplied information, but only if he or she is in the presence of and is under the control, direction and supervision of the authorized representative while on the mine property. Such right of entry does not include a right to enter buildings without consent of the person in control of the building or without a search warrant.

D. Within 10 days of the inspection or, if there is no inspection, within 15 days of receipt of the citizen's written statement, the office shall send the citizen the following:

1. if an inspection was made, a description of the enforcement action taken, which may consist of copies of the inspection report and all notices of violation and cessation orders issued as a result of the inspection or an explanation of why no enforcement action was taken;

2. if no inspection was conducted, an explanation of the reason why;

3. an explanation of the citizen's right, if any, to informal review of the action or inaction of the office under §6309

E. The office shall give copies of all materials in §6303. D.1 within the time limits specified in those paragraphs to the person alleged to be in violation, except that the name of the citizen shall be removed unless disclosure of the citizen's identity is permitted under §6303 B

La. Admin. Code tit. 43, § XV-6303

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

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