§ 30:12 — Court review and injunction; venue; procedure; burden of proof

Louisiana § 30:12

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§12. Court review and injunction; venue; procedure; burden of proof
A.(1) A person who is aggrieved by any law of this state with respect to conservation
of oil or gas, or both, or by a provision of this Chapter, or by a rule, regulation, or order made
by the secretary hereunder, or by an act done or threatened hereunder, and who has exhausted
his administrative remedy, may obtain court review by a suit for injunction or judicial review
against the secretary as defendant.
(2) Suit for review shall be instituted in the district court of the parish in which the
principal office of the secretary is located and must be brought within sixty days of the
administrative action that is the subject of the suit. In cases of judicial review of adjudication
proceedings, the sixty days shall begin to run after mailing of notice of the final decision or
order, or if a rehearing is requested within sixty days after the decision thereon.
B.(1) Judicial review of adjudication proceedings before the secretary may be
obtained whether or not the plaintiff has applied for a rehearing. A preliminary, procedural,
or intermediate action or ruling by the secretary is immediately reviewable if review of the
final decision of the secretary would not provide an adequate remedy and would inflict
irreparable injury.
(2) Within thirty days after service of the petition or within further time allowed by
the court, the secretary shall transmit to the reviewing court the original or a certified copy
of the entire record of the proceeding under review. By stipulation of all parties to the review
proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit
the record may be taxed by the court for the additional costs. The court may require or permit
subsequent corrections or additions to the record.
(3) If, before the date set for hearing, application is made to the court for leave to
present additional evidence, and it is shown to the satisfaction of the court that the additional
evidence is material and that there were good reasons for failure to present it in the
proceeding before the secretary, the court may order that the additional evidence be taken
before the secretary upon conditions determined by the court. The secretary may modify his
findings and decision by reason of the additional evidence and shall file that evidence and
any modifications, new findings, or decisions with the reviewing court.
(4) The review shall be conducted by the court without a jury and shall be confined
to the record. In cases of alleged irregularities in procedure before the secretary not shown
in the record, proof thereon may be taken in the court. The court, upon request, shall hear
oral argument and receive written briefs.
(5) The court may affirm the decision of the secretary or remand the case for further
proceedings. The court may reverse or modify the decision if substantial rights of the
appellant have been prejudiced because the administrative findings, inferences, conclusions,
or decisions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the agency;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Arbitrary or capricious, or characterized by abuse of discretion or clearly
unwarranted exercise of discretion; or
(f) Manifestly erroneous in view of the reliable, probative, and, substantial evidence
on the whole record. In the application of the rule, where the secretary has the opportunity
to judge the credibility of witnesses by first-hand observation of demeanor on the witness
stand and the reviewing court does not, due regard shall be given to the secretary's
determination on credibility issues.
C.(1) Any suit for an injunction brought under this Section shall be tried summarily,
and the attorney representing the secretary may have the case set for trial after ten days'
notice to the plaintiff or his attorney of record.
(2) The burden of proof shall be upon the plaintiff, and all pertinent evidence with
respect to the validity or reasonableness of the order of the secretary complained of shall be
admissible. The law, the provision of this Chapter, or the rule, regulation, or order
complained of shall be taken as prima facie valid. This presumption shall not be overcome
in connection with any application for injunctive relief, including a temporary restraining
order, by verified petition or affidavit of or in behalf of the applicant.
D. The right of appeal shall lie as hereinafter set forth in this Chapter.

Legislative History

Acts 1983, No. 409, §1; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.