Louisiana Revised Statutes 30:2351.26 – Appeals and hearings
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Terms Used In Louisiana Revised Statutes 30:2351.26
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Certified: means , with regard to a person engaged in a lead hazard reduction activity, that the person successfully has completed the training and other requirements for engaging in lead hazard reduction activities established by the secretary. See Louisiana Revised Statutes 30:2351.1
- Person: means any individual, business entity, governmental body, or other public or private entity including, to the extent not preempted by state or federal law or regulation, the federal government and its agencies. See Louisiana Revised Statutes 30:2351.1
- Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1
- 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. Any person aggrieved by an order, decision, or other sanction imposed by the secretary may file an appeal with the secretary within five days after receipt of notice of the order, decision, or sanction. A hearing shall be held promptly on each appeal filed.
B. While an appeal is pending, compliance with a decision, order, or sanction shall not be required unless the secretary has determined and certified in writing that the violation was intentional or that there exists a hazardous condition that requires immediate compliance with the secretary’s order so as to eliminate a public health hazard.
Acts 1993, No. 224, §1.