La. Admin. Code tit. 70 § VII-111

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

Section VII-111 - Licenses

A. Issuance of a License

1. No license shall issue authorizing unconditionally the construction or operation of offshore terminal facilities within the authority's jurisdiction unless the applicant has obtained the environmental approvals required by the Environmental Protection Plan for such construction or operations.

2. No license shall issue unless the authority determines that:

a. the construction and operation of the proposed offshore terminal facilities will promote the economic and industrial well being of the state of Louisiana, and will be consistent with the public interest as declared in the Act;

b. the proposed offshore terminal facilities will be constructed and operated in conformance with the Act, the rules and regulations of the authority, other applicable law and conditions of the license;

c. the applicant has furnished sufficient evidence of financial responsibility as will insure his ability to comply with the Act and rules and regulations of the authority;

d. the applicant has reimbursed the authority for all costs incurred by or on behalf of the authority in processing the application and has paid to the authority any other sums due the authority under these regulations or applicable law.

B. Contents of a License

1. A license shall contain the name and address of the licensee, and the licensee's agent for service of process in the state of Louisiana.

2. A license shall contain a description of the offshore terminal facilities licensed.

3. A license shall describe all activities authorized by the license.

4. A license shall be subject to and contain such reasonable conditions as the authority deems necessary to carry out the purpose of the Act and the authority's rules and regulations, including, but not limited to conditions requiring that the licensee:

a. comply with all applicable laws and regulations, now in effect or hereafter adopted or amended, including specifically the Environmental Protection Plan;

b. construct and operate the offshore terminal facilities in accordance with the description of such construction and operation in the license;

c. promptly provide the authority with the name, address, citizenship and telephone number of any person with whom the applicant has made, or proposes to make, a significant contract for the design, construction or operation of offshore terminal facilities within the authority's jurisdiction, and a description of any such contract;

d. notify the authority of any substantive changes in any data submitted to the authority;

e. cooperate with the authority in monitoring the construction and operation of the offshore terminal facilities licensed;

f. submit detailed construction drawings, plans and specifications to the authority for all components of the offshore terminal facilities sufficiently in advance of commencement of construction of such components to enable the authority to properly review such drawings, plans and specifications for conformance with the provisions and conditions of a license, the authority's rules and regulations and other applicable law;

g. promptly provide the authority with copies of any plans, reports, studies, or analyses of proposals approved by the licensee to make any modifications to the offshore terminal facilities which would not constitute a substantive change in the conditions or provisions of a license;

h. afford reasonable access, at reasonable times, to licensed offshore terminal facilities to representatives of the authority for the purposes of inspection of relevant records, files, papers, processes, controls, operations, and facilities for the purpose of ascertaining the state of compliance with the license, the Act, and the rules, regulations, and orders of the authority.

C. Specific Undertakings of Licensee

1. At the time of issuance of a license by the authority, the authority and the licensee shall enter into a written agreement which shall provide that:

a. a licensee which exercises its rights under the license shall pay to the authority reasonable fees and charges lawfully recoverable by the authority to compensate for cost incurred by the authority since its inception and which pertain to offshore terminal facilities for the handling of dry bulk cargoes; and

b. a licensee which exercises rights under the license shall indemnify and hold harmless the authority from and against any and all liability, loss, demands, claims, costs, damages, expenses and attorney's fees, and any and all liability therefor, which the authority may sustain or incur, arising from or connected with acts or omissions of the licensee, its agents, servants, employees or contractors with respect to the location, design, construction or operation of offshore terminal facilities licensed to the licensee; provided however, that the licensee shall not be required to indemnify the authority for damages resulting solely from negligent acts or omissions on the part of the authority or its agents, servants, employees or contractors.

D. Term of License. Except as otherwise provided in these rules and regulations, a license shall be in effect unless suspended or revoked by the authority or surrendered by the licensee, or for a term of years as prescribed by the authority.

E. Suspension, Modification or Revocation of License

1. A license may be revoked, suspended, or modified by the authority for the following reasons:

a. the willful making of a false statement or willful misrepresentation of a material fact in connection with securing or maintaining such license;

b. the failure of a licensee to qualify as financially responsible;

c. the failure of a licensee to comply with or respond to, lawful inquiries, rules, regulations, or orders of the authority or the conditions of any license issued by the authority;

d. a material change regarding a licensee or the subject matter covered by a license issued by the authority.

2. The authority may not revoke, suspend, annul, modify, or withdraw a license unless, prior to the institution of authority proceedings, the authority gives notice by certified mail to the licensee of facts which warrant the intended action, and the licensee is given an opportunity at a hearing to show compliance with all lawful requirements for the retention of the license. If the authority finds that public health, safety, or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for suspension, revocation or other action. These proceedings will be promptly instituted and a decision promptly rendered. All hearings held on the suspension, revocation, annulment, or withdrawal of a license will be governed by the authority's general rules and regulations concerning adjudications.

F. Transfer of License. Upon the filing of an application by a licensee, a license issued to such licensee under these rules and regulations shall be transferred, if the authority finds that such transfer will be consistent with the public interest as declared in the Act and that the transferee meets all requirements of the Act, the authority's rules and regulations, and other applicable law.

G. Changes of License Conditions or Provisions

1. The authority may make clerical corrections in a license upon written request by the licensee demonstrating clearly a need for such changes.

2. Before the authority may approve any change by a licensee to the offshore terminal facilities licensed which would constitute a substantive change in any condition or provision of a license, a licensee shall file an application therefore with the authority and the authority shall give such application full consideration as provided in these rules and regulations.

H. Renewal of License

1. Licenses may be renewed by following the procedures herein for obtaining issuance of a license.

2. When a licensee has made timely and sufficient application for renewal of a license with reference to any activity of a continuing nature, his existing license shall not expire until the application has been determined finally by the authority, and, in case the application is denied or the terms of the renewal license limited, until the last day for seeking review of the authority's order, or a later date fixed by order of the reviewing court.

La. Admin. Code tit. 70, § VII-111

Promulgated by the Department of Transportation and Development, Office of Highways, LR 9:425 (June 1983), Amended by the Department of Transportation and Development, Offshore Terminal Authority, LR 431986 (10/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 34:3101 et seq.