La. Admin. Code tit. 43 § XV-6719

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

Section XV-6719 - Advancement of Proceedings

A. Except in expedited review proceedings under §6803, at any time after commencement of a proceeding any party may move to advance the scheduling of a proceeding.

B. Except as otherwise directed by the commissioner or his authorized representatives, any party filing a motion under this Section shall:

1. make the motion in writing;

2. describe the exigent circumstances justifying advancement;

3. describe the irreparable harm that would result if the motion is not granted; and

4. incorporate in the motion affidavits to support any representations of fact.

C. Service of a motion under this Section shall be accomplished by personal delivery or by telephonic or telegraphic communication followed by mail. Service is complete upon mailing.

D. Unless otherwise directed by the commissioner or his authorized representatives, all parties to the proceeding in which the motion is filed shall have 10 days from the date of service of the motion to file a statement in response to the motion.

E. Following the timely receipt by the commissioner or his authorized representatives of statements in response to the motion, the commissioner or his authorized representatives may schedule a hearing regarding the motion. If the motion is granted, the commissioner or his authorized representatives may advance pleading schedules, prehearing conferences and the hearing, as deemed appropriate, provided, a hearing on the merits shall not be scheduled with less than five working days notice to the parties, unless all parties consent to an earlier hearing.

La. Admin. Code tit. 43, § XV-6719

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.