La. Admin. Code tit. 46 § LXX-12403

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

Section LXX-12403 - Notice; Service

A. By Publication

1. Notice of all Requests for Action or other filings by which new proceedings are initiated before the Commission shall be published by the applicant in the official journal of the state and of East Baton Rouge Parish. Such notice shall include the name and address of the party making the filing; the name, address, email address and telephone number of his attorney or other representative, the docket number assigned by the Administrator, a concise statement of the action sought and the date by which a party who desires to participate in the proceeding must file a notice of intervention, protest or support with the Administrator as provided in Rule 17.

2. The Administrator shall publish weekly, or more often if necessary, on the Commission website a notice of Requests for Action or other filings by which proceedings shall have been initiated before the Louisiana Pilotage Fee Commission since the last previous publication of notice. Said notice shall include the notice to be published in the official journal of the state and in the parish in which the Commission is domiciled. The notice provided by the Administrator shall also provide that notices of intervention, protest or support shall be served upon the party who instituted the proceeding by mail, and that if no notice of intervention shall have been received by the Administrator within a twenty-five (25) day period (or such other period as referenced in Rule 17. A) from the date of publication in the state's official journal, the proceeding will be processed and determined upon an uncontested docket, provided that the Commission shall have the right, power and duty to inquire into the public interest in any proceeding whether contested or uncontested.

3. The Administrator shall also post on the Commission website notices of the dates of scheduled Commission meetings, Commission meeting agendas and the dates of scheduled hearings.

B. By Mail. Where service other than by publication is permitted or required under these Rules, the Administrator shall mail the same, certified or registered mail, to the last known place of address of the person entitled to receive such notice.

C. Personal Service. All notices of which personal service may be required by statute or rules shall be addressed to the person entitled thereto, and shall set forth the names of all other parties, the nature and subject matter of the proceeding, the time and place of hearing, and any other matter required by law, and may be made by the sheriff of the parish of the party served, or by a duly authorized employee or official of the Commission, who shall make a return thereon.

D. Service of Pleadings. A copy of any pleading filed by any party in any proceeding subsequent to the institution thereof, shall be mailed or otherwise delivered (including electronic delivery) by the party filing the same to every other known party of record. If any party has appeared in the proceeding by attorney or other representative authorized under these rules to make appearances, service shall be made upon such attorney or other representative. The willful failure of any party to make such service shall be sufficient grounds for the entry of an order by the Commission, striking the pleading from the record.

E. Certificate of Service. A certificate by the party, attorney or representative who files a pleading, stating that it has been served on the other parties, shall be prima facie evidence of such service. The form of the certificate should be as follows.

I hereby certify that I have this ___________ day of _____________, 20___, served copies of the foregoing pleading upon all other known parties of this proceeding, by (here state the manner of service).

Signature

La. Admin. Code tit. 46, § LXX-12403

Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:619 (April 2006).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:967 and Pilotage Fee Commission Rule 60.