La. Admin. Code tit. 43 § XV-6831

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

Section XV-6831 - Petition for Discretionary Review of a Proposed Civil Penalty

A. Any party may petition the commissioner to review an order or decision disposing of a civil penalty proceeding under §6765

B. A petition under this Section shall be filed on or before 30 days from the date of receipt of the order or decision sought to be reviewed and the time for filing may not be extended.

C. A petitioner under this Section shall list the alleged errors of the commissioner or his authorized representative and shall attach a copy of the order or decision sought to be reviewed.

D. Any party may file with the commissioner a response to the petition for review within 10 days of receipt of a copy of such petition.

E. Not later than 30 days from the filing of a petition under this Section, the commissioner shall grant or deny the petition in whole or in part.

F. If the petition is granted, the rules in §6837 are applicable and the commissioner shall use the point system and conversion table contained in Chapter 69 in recalculating assessments; however, the commissioner shall have authority to waive the civil penalty formula granted in §6779. B.1 If the petition is denied, the decision shall be final.

La. Admin. Code tit. 43, § XV-6831

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.