Terms Used In Louisiana Revised Statutes 30:2050.23

  • Department: means the Department of Environmental Quality. 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
  • Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
  • Service of process: The service of writs or summonses to the appropriate party.

A.(1)  Notice to an applicant for a permit, a respondent, a petitioner for a declaratory ruling, or a party to an adjudicatory hearing shall be given by certified mail return receipt requested.

(2)  Notice to other persons shall be given by ordinary mail.

(3)  In all cases, notice may be given by delivery.

B.  When a party is represented by an attorney or has appointed an agent for service of process, notice may be given to the attorney or the agent.

C.(1)  Notice to an applicant for a permit, a respondent who is a party, an intervenor, a petitioner for a declaratory ruling, or a person who submits a written comment shall be given at the address in the application, the request for a hearing, the request for an intervention, the petition, or the comment.

(2)  Notice to a respondent prior to becoming a party may be given at the address of the respondent’s agent for service of process, or an address filed by the respondent with the secretary of state or with the department.

D.  Notice given by certified mail return receipt requested is effective when delivered or tendered if delivery is refused.  Notice given by ordinary mail is effective when mailed.  Notice given by delivery is effective when delivered or tendered if delivery is refused.

Acts 1995, No. 947, §1, eff. Jan. 1, 1996.