Louisiana Revised Statutes 30:2050.11 – Adjudicatory hearings, in general; intervention; withdrawal; public hearing
Terms Used In Louisiana Revised Statutes 30:2050.11
- Aggrieved person: means a natural or juridical person who has a real and actual interest that is or may be adversely affected by a final action under this Subtitle. See Louisiana Revised Statutes 30:2004
- Compliance order: means an order issued by the secretary or an assistant secretary requiring a respondent to comply with specified provisions of this Subtitle, a rule, or a permit within a specified period of time. See Louisiana Revised Statutes 30:2004
- Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
- Respondent: means the person against whom an enforcement action is directed. See Louisiana Revised Statutes 30:2004
A. An adjudicatory hearing shall be conducted in accordance with the procedures prescribed in the Administrative Procedure Act.
B. An aggrieved person has the right to intervene as a party in an adjudicatory hearing when the intervention is unlikely to unduly broaden the issues or to unduly impede the resolution of the matter under consideration.
C.(1) An applicant, a respondent, or other aggrieved person may withdraw a request for an adjudicatory hearing at any time.
(2) If all requests are withdrawn, the preliminary permit decision, compliance order, or penalty assessment becomes a final permit or enforcement action.
D. When a public hearing is held in conjunction with an adjudicatory hearing, the former shall precede the latter.
E. The record of the public hearing held in conjunction with an adjudicatory hearing shall be made available to the parties to the adjudicatory hearing.
Acts 1995, No. 947, §1, eff. Jan. 1, 1996.