§ 30:2014.3 — Review of secretary's public trustee decisions

Louisiana § 30:2014.3

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§2014.3. Review of secretary's public trustee decisions
A. This Section shall apply to the department and all permit applicants
and shall apply only with respect to the public trustee issues, as provided in
Article IX, Section 1 of the Constitution of Louisiana and by the Supreme
Court of Louisiana in the case of Save Ourselves, Inc. v. Louisiana
Environmental Control Commission, 452 So. 2d 1152 (La. 1984). Subsequent
case law and laws interpreting said decisions and the rules and regulations
adopted by the department in accordance with those decisions may be used to
implement the public trustee issues, to be addressed by the secretary when
making decisions with respect to permits, licenses, registrations, variances, or
compliance schedules authorized by this Subtitle.
B. The applicant and any person who may become a party to an
administrative or judicial proceeding to review the secretary's decision on an
application must raise all reasonably ascertainable issues and submit all
reasonably available evidence supporting his position on the permit application
prior to the issuance of the final decision by the department so that the
evidence may be made a part of the administrative record for the application.
C. No evidence shall be admissible by any party to an administrative
or judicial proceeding to review the secretary's decision on the application that
was not submitted to the department prior to issuance of a final decision or
made a part of the administrative record for the application, unless good cause
is shown for the failure to submit it. No issues shall be raised by any party that
were not submitted to the department prior to issuance of a final decision or
made a part of the administrative record for the application unless good cause
is shown for the failure to submit them. Good cause includes the case where
the party seeking to raise new issues or introduce new evidence shows that it
could not reasonably have ascertained the issues or made the evidence
available within the time established for public comment by the department,
or that it could not have reasonably anticipated the relevance or materiality of
the evidence or issues sought to be introduced.

Legislative History

Acts 1997, No. 1111, §1, eff. July 14, 1997.