La. Admin. Code tit. 43 § XV-6701

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

Section XV-6701 - Parties

A. All persons indicated in the Act as parties to administrative review proceedings under the Act shall be considered statutory parties. Such statutory parties include:

1. in a civil penalty proceeding, the office as represented by the commissioner and any person against whom a proposed assessment is made who files a petition;

2. in a review proceeding, the office as represented by the commissioner; and

a. if a permittee files an application for review, the permittee; and

b. if any other person having an interest which is or may be adversely affected files an application for review, the permittee and the person filing such application;

3. in a proceeding to suspend or revoke a permit, the office as represented by the commissioner and the permittee who is ordered to show cause why the permit should not be suspended or revoked.

B. Any other person claiming a right to participate as a party may seek leave to intervene in a proceeding by filing a petition to do so as available under this Chapter.

C. If any person has a right to participate as a full party in a proceeding under the Act and fails to exercise that right by participating in each stage of the proceeding, that person may become a participant with the rights of a party by order of the commissioner or his authorized representative.

La. Admin. Code tit. 43, § XV-6701

Promulgated by the Department of Natural Resources, Office of Conservation, LR 6:177 (May 1980), amended LR 6:296 (June 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

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