La. Admin. Code tit. 43 § XXIX-127

Current through Register Vol. 50, No. 8, August 20, 2024

Section XXIX-127 - Administrative Record

A. The administrative record, which must be opened concurrently with issuance of the notice of intent to conduct restoration planning (as per §123 of this rule) shall contain documents relied upon by the state trustees in selecting appropriate assessment procedures and protocols and in developing restoration plans. The purpose of the administrative record is to ensure documentation of the state trustees' decisions.

B. The administrative record shall be developed and maintained by the lead administrative trustee. All closed administrative records from unauthorized discharges of oil under the jurisdiction of the coordinator, shall be maintained by the coordinator as required by the Louisiana Public Records Act (R.S. 44:1 et seq.).

C. Each administrative record shall contain, at a minimum:

1. all final documents and references to documents used by state trustees in selecting state assessment procedures and protocols, and in developing restoration plans; and

2. all technical, scientific and economic information discovered and relied upon by the state trustees during the assessment; and

3. the notice of intent to conduct restoration planning; and

4. the field investigation report and all other information considered in the pre-assessment phase; and

5. a copy of the assessment and the restoration plan as presented to the responsible party; and

6. all correspondence, agreements, and other documents related to the role of the responsible party in the assessment process; and

7. comments received from the public and the state trustees' response to those comments.

D. The following documents and data shall not be included in the administrative record:

1. drafts, unless a final document is not produced and the draft document is material to decisions made, pre-decisional, deliberative inter-agency and intra-agency documents;

2. documents describing analysis of liability or any attorney-client privileged documents or attorney work product documents also shall not be included;

3. any scientific, technical, or economic data that fails to meet all criteria set forth in a quality assurance/quality control plan developed by the state trustees unless there is a scientifically reliable basis for utilizing any of the data.

E. The administrative record is a document subject to the Louisiana Public Records Act.

La. Admin. Code tit. 43, § XXIX-127

Promulgated by the Office of the Governor, Oil Spill Coordinator's Office, LR 25:506 (March 1999).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2451, et seq.