La. Admin. Code tit. 43 § XV-7309

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-7309 - Who May Receive an Award

A. Appropriate costs and expenses including attorneys' fees may be awarded:

1. to any person from the permittee, if the person initiates any administrative proceedings reviewing enforcement actions, upon a finding that a violation of the Act, regulations or permit has occurred, or that an imminent hazard existed, or to any person who participates in an enforcement proceeding where such a finding is made if the commissioner determines that the person made a substantial contribution to the full and fair determination of the issues;

2. to any person other than a permittee or his representative from the office, if the person initiates or participates in any proceeding under the Act upon a finding that the person made a substantial contribution to a full and fair determination of the issues;

3. to a permittee from the office when the permittee demonstrates that the office issued an order of cessation, a notice of violation, or an order to show cause why a permit should not be suspended or revoked, in bad faith and for the purpose of harassing or embarrassing the permittee; or

4. to a permittee from any person where the permittee demonstrates that the person initiated a proceeding under §925 of the Act or participated in such a proceeding in bad faith for the purpose of harassing or embarrassing the permittee;

5. to the office where it demonstrates that any person applied for review pursuant to §925 of the Act or that any party participated in such a proceeding in bad faith and for the purpose of harassing or embarrassing the government.

La. Admin. Code tit. 43, § XV-7309

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.