Louisiana Revised Statutes 30:2050.6 – Enforcement; informal procedures
Terms Used In Louisiana Revised Statutes 30:2050.6
- Adjudication: means formal or informal proceedings for the formulation of a decision or order. See Louisiana Revised Statutes 30:2004
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Violation: means a failure to comply with the requirements of this Subtitle, the rules issued under this Subtitle, and conditions of permits under this Subtitle. See Louisiana Revised Statutes 30:2004
A. The secretary may establish informal procedures for compliance orders and penalty assessments by rules adopted in accordance with the Administrative Procedure Act. The rules shall specify those types of compliance orders and penalty assessments for which an informal proceeding is adequate to protect the public interest. Informal procedures may be employed only with the consent of the respondent.
B. Rules issued under this Section shall, at a minimum, provide for each of the following:
(1) An affidavit or other document to establish that a violation occurred.
(2) Notice to the respondent of the evidence relied upon to establish the violation.
(3) An opportunity for the respondent to present oral, documentary, and physical evidence in opposition to the order or assessment.
(4) An opportunity for members of the public to file written comments regarding the contested order or assessment and to attend the informal hearing if one is held.
(5) Inclusion of the final enforcement action on the public list.
C. An informal proceeding is not governed by the procedures of this Chapter for adjudicatory hearings or the adjudication provisions of the Administrative Procedure Act.
D. A compliance order or penalty assessment issued upon conclusion of an informal proceeding is a final enforcement action.
Acts 1995, No. 947, §1, eff. Jan. 1, 1996.