Louisiana Administrative Code

A. When used in these regulations, the following terms shall have meanings as set forth below. General Transportation Aircraft―aircraft owned and operated by any state agency routinely for the general transportation of state officers or state employees in the conduct of official …

A. State Officer 1. Statewide elected officials―Governor, Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, Superintendent of Education, Commissioner of Agriculture, Commissioner of Elections, Commissioner of Insurance. 2. Duly elected members of the Lou…

A. Any state officer or state employee may utilize the aircraft owned and operated by the state for general transportation purposes in the conduct of official state business, in connection with the function of the department of the state officer or employee, subject to the provis…

A. Aircraft owned and operated by the agency may be utilized for the personal transport of state officers or employees on a space-available standby basis, subject to the following conditions: 1. such travel shall be approved, in writing, by the appropriate department head on an i…

A. State-owned aircraft shall not be utilized to transport state officers or state employees covered by these policies to any event, meeting, function, or other occasion which is primarily political in nature, or for any other political purpose. B. Any statewide elected official …

A. In order to effect these provisions of this policy, all passengers in state-owned aircraft shall provide specific information on the purpose of their travel at the time of reserving space and/or during check-in procedures. In the event that there is any question about the purp…

A. All general transport air travel in aircraft owned and operated by state agencies must be authorized and approved, in writing, by the head of the department, board, or commission from whose funds the traveler is paid, on forms designed or approved by the Division of Administra…

A. All passengers in aircraft owned and operated by state agencies shall be billed for air travel in accordance with a fee schedule established by the agency supplying the aircraft. Fees should cover the cost of operation for the particular type of aircraft utilized for both offi…

A. All air travel in special purpose aircraft owned and operated by the state must be authorized and approved, in writing, by the head of the department, board, or commission from whose funds the traveler is paid, on forms designed or approved by the Division of Administration. A…

A. Special purpose aircraft shall not be utilized for general transportation purposes without the prior, written approval of such usage by the head of the agency owning and operating the aircraft. Complete justification for such usage of these aircraft must be submitted and maint…

A. All passengers in aircraft owned and operated by state agencies shall be billed for air travel in accordance with a fee schedule established by the agency supplying the aircraft. Fees should cover the cost of operation for the particular type of aircraft utilized for both offi…

A. The Commissioner of Administration may waive, in writing, any provision of these regulations when the best interest of the state will be served. Such waiver shall be based upon adequate written documentation from the requesting agency. The request from the agency must be recei…

A. This Chapter establishes procedures for regulating adjudications when a request for an adjudicatory hearing has been granted or an adjudicatory hearing has otherwise been scheduled by the administrative authority. All adjudications shall be governed by the Louisiana Environmen…

A. The following terms used in this Chapter shall have the meanings listed below, unless the context otherwise requires, or unless specifically redefined in a particular Section. Adjudication―the agency process for the formulation of a final decision or order when a request for a…

A. The following portions of the Rules of Procedure of the Louisiana Environmental Control Commission dated July 22, 1980, and effective August 20, 1980, are hereby rescinded: 1. Sections 5.0 through 5.8; 2. Sections 6.0 through 6.5; 3. Section 7.0; and 4. Sections 8.0 through 8.…

A. If any provision of these rules and regulations, or the application thereof, is held to be invalid, the remaining provisions of these rules and regulations shall not be affected, so long as they can be given effect without the invalid provision. To this end, the provisions of …

A. Except as otherwise required by statutory law, this Chapter shall exclusively govern procedures used in adjudications. This Chapter supersedes all rules in conflict herewith.

A. Unless otherwise directed by the secretary in writing, when hearing officers hired pursuant to R.S. 30:2018 are assigned a matter, they are hereby delegated the authority to perform the functions of the presiding officer and hearing officer as set forth in this Chapter, the Lo…

A. The presiding officer shall have the authority to regulate the course of the proceedings and maintain order. B. If any party fails to file briefs, memoranda, pleadings, or other documents as required; fails to appear at or participate in any conference, hearing, or other proce…

A. The administrative authority shall designate a person to serve as the administrative hearings clerk who shall be the official custodian of adjudicatory records. The clerk shall maintain the adjudicatory records separately from other records of the department. B. The administra…

A. Requests for Adjudicatory Hearings Pursuant to R.S. 30:2024(A). 1. An applicant or respondent may request an adjudicatory hearing on a permit or enforcement action under R.S. 30:2024(A) by filing the request with the administrative hearings clerk within the time period allowed…

A. At the time a request for hearing is filed, it shall be assigned a docket number by the administrative hearings clerk. The docket number shall be used on all subsequent pleadings filed in the case. The fact that a request for hearing is docketed does not constitute a determina…

A. Parties in adjudications may include: 1. the department; 2. the respondent, applicant, or permittee; and 3. an intervenor or other aggrieved person. B. Parties shall have the right to retain counsel to represent them but shall not be required to do so. Any retained counsel not…

A. An aggrieved person has the right to intervene as a party in an adjudicatory hearing, provided the proper petition for intervention is filed at least 15 days prior to the adjudicatory hearing and such intervention is not likely to create an undue broadening of the issues or ot…

A. When two or more adjudications involving a common issue or issues of law or fact are separately pending before the department, the presiding officer, upon his own motion or that of any party, at any time prior to the adjudicatory hearing, may order the consolidation of the mat…

A. Upon his own motion or that of any party, the presiding officer may separate actions which were cumulated or consolidated if he finds that separation would simplify the proceedings, would permit a more orderly disposition of the matter, or would otherwise be in the interest of…

A. Ex parte communication is governed by R.S. 49:950 et seq. B. Recusation 1. Recusation of a Presiding Officer a. Any motion by a party requesting recusal of a presiding officer pursuant to R.S. 49:950 et seq., shall be filed in the adjudicatory record promptly upon discovery of…

A. Pleadings shall: 1. state the name, mailing address, and telephone number of the person causing the pleading to be filed. In instances where the person filing a request for a hearing is represented by another person, that person's name, address, and telephone number shall be i…

A. Any pleading, document, or other item which is being filed into the adjudicatory record shall be filed by mail, telephonic facsimile, or other method of delivery with the administrative hearings clerk, Louisiana Department of Environmental Quality, Administrative Hearings Divi…

A. Except where otherwise required by law, on or before the day that a pleading is filed with the administrative hearings clerk, service of same shall be made upon all parties, attorneys, or designated representatives by mail or any other method of delivery, including telephonic …

A. In computing any period of time prescribed or allowed in this Chapter or the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., the day on which the designated period begins shall not be included. The last day of the designated period shall be included unless it is a S…

A. When a request for hearing is granted, the presiding officer shall notify the parties of the date, time, and location of the initial status conference. B. The purpose of the initial status conference shall be to: 1. enroll counsel of record or other official representative; 2.…

A. If a party fails to appear at or participate in a conference or hearing the presiding officer may: 1. proceed with the conference or hearing; 2. continue the conference or hearing; 3. limit the party's participation at a hearing; or 4. terminate the adjudication pursuant to LA…

A. Any party may file motions relating to an adjudication. B. Except as otherwise permitted by the presiding officer, all motions, other than those made orally on the record during a hearing, shall be submitted in writing and shall comply with LAC 33:I.331, with copies served on …

A. Any proceeding may, for good cause, be continued by the presiding officer.

A. Prehearing Exchange 1. Prior to completing discovery, all parties shall exchange or allow inspection of the items listed below: a. all exhibits to be offered during the adjudicatory hearing except those to be offered solely for purposes of rebuttal or impeachment; b. lists of …

A. All portions of adjudicatory records are subject to review by all parties and the general public unless a written request for confidentiality under R.S. 49:950 et seq., or R.S. 30:2030 is granted by the presiding officer. B. A motion for protective order, or other request to l…

A. The issuance of a subpoena shall be by order of the presiding officer and upon written request of a party directed to the administrative hearings clerk, whose duty and function it shall be to process all subpoenas. B. Failure of a witness to appear or respond to a subpoena wil…

A. The presiding officer may require, prior to the adjudicatory hearing, that the parties submit a joint proposed prehearing order approved and signed by all parties or their counsel of record. Except as otherwise ordered by the presiding officer, the proposed prehearing order sh…

A. Adjudications are governed by R.S. 49:950 et seq. Although adjudications are not bound by the formal rules of evidence prescribed for civil actions, the Louisiana Code of Evidence may be used as a guide in evidentiary determinations. B. The presiding officer may call and quest…

A. Maps, drawings, and other exhibits should not exceed 8 1/2 by 14 inches unless they are folded to the required size. Exhibits not conforming to this rule may be excluded. B. Prior to use of exhibits at a hearing, copies shall be furnished to the presiding officer and all parti…

A. The adjudicatory record may, for good cause shown, be left open or reopened for the receipt of additional evidence, subject to the right of traversal by other parties and provided that a copy of such evidence is mailed or an opportunity to inspect it is provided to the parties…

A. A party seeking review by the secretary of an interlocutory order, decision or ruling shall file a motion for review of the order with the administrative hearings clerk, who shall forward the motion to the secretary. B. The presiding officer may stay further proceedings to all…

A. The presiding officer may: 1. require any party to file briefs, proposed findings of fact, and/or proposed conclusions of law; 2. require rebuttal and/or traversal of the briefs and/or proposals; or 3. require that any briefs, proposed findings of fact, or conclusions of law i…

A. Except where a decision is rendered on the merits, the presiding officer shall issue an order terminating an adjudication: 1. upon written motion, accompanied by an unconditional withdrawal of the request for a hearing filed with the administrative hearings clerk; 2. upon writ…

A. When a presiding officer renders a decision on the merits in an adjudication, a copy thereof shall be filed with the secretary. It shall also be served by certified mail or by hand upon each party to the proceedings. B. A decision on the merits by the presiding officer shall b…

A. A party may seek review by the secretary of a presiding officer's decision on the merits within the time frame specified in LAC 33:I.367 by filing with the administrative hearings clerk a written motion for review stating the grounds upon which the review is requested. However…

A. The original of any decision or order issued by the presiding officer or the administrative authority in connection with an adjudication, shall be filed with the administrative hearings clerk who shall notify all parties of the decision or order.

A. Any final decision or order of the administrative authority appealable to the Court of Appeal, First Circuit shall not be subject to further review unless: 1. a motion for appeal is filed with the administrative hearings clerk within 30 days after notice of the final decision …

A. In accordance with R.S. 30:2222 the department is assigned the duties, responsibilities, and authority of administering the Inactive and Abandoned Hazardous Waste Sites Program.