La. Admin. Code tit. 43 § XV-6825

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

Section XV-6825 - Determination by the Commissioner or His Authorized Representative

A. Upon a determination by the commissioner or his authorized representative that a pattern of violations exists or has existed, pursuant to §6505. A 3, the commissioner or his authorized representative shall order the permit either suspended or revoked. In making such a determination, the commissioner or his authorized representative need not find that all the violations listed in the show cause order occurred, but only that sufficient violations occurred to establish a pattern.

B. If the permit is suspended, the minimum suspension period shall be three working days unless the commissioner or his authorized representative finds that imposition of the minimum suspension period would not further the purposes of the Act. Also, the commissioner or his authorized representative may impose preconditions to be satisfied prior to the suspension being lifted.

C. The decision of the commissioner or his authorized representative shall be issued within 20 days following the date the hearing record is closed by the commissioner or his authorized representative or within 20 days of receipt of the answer, if no hearing is requested by any party and the commissioner or his authorized representative determines that no hearing is necessary.

D. At any stage of a suspension or revocation proceeding being conducted by the commissioner or his authorized representative, the parties may enter into a settlement, subject to the approval of the commissioner or his authorized representative.

La. Admin. Code tit. 43, § XV-6825

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

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