La. Admin. Code tit. 43 § XV-6507

Current through Register Vol. 50, No. 12, December 20, 2024

Section XV-6507 - Service of Notices of Violation and Cessation Orders

A. A notice of violation or cessation order shall be served on the person to whom it is directed or his or her designated agent promptly after issuance, as follows:

1. by tendering a copy at the coal exploration, development or surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry by the authorized representative, appears to be in charge of the coal exploration, development or surface coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept;

2. as an alternative to §6507. A 1, service may be made by sending a copy of the notice or order by certified mail or by hand to the person to whom it is issued or his or her designated agent, or by any means consistent with the rules governing service of a summons and complaint under the Louisiana Rules of Civil Procedure. Service shall be complete upon tender of the notice or order or of the certified mail and shall not be deemed incomplete because of refusal to accept.

B. A show cause order may be served on the person to whom it is issued in either manner provided in §6507. A 2

C. Designation by any person of an agent for service of notices and orders shall be made in writing to the office.

D. The office may furnish copies to any person having an interest in the coal exploration, development, surface coal mining and reclamation operation, or the permit area, such as the owner of title, a corporate officer of the permittee or entity conducting coal exploration, or the bonding company.

La. Admin. Code tit. 43, § XV-6507

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994), LR 24:2287 (December 1998).

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