§ 30:2024 — Finality of action; trial de novo; appeals

Louisiana § 30:2024

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§2024. Finality of action; trial de novo; appeals
A. Any permit action shall be effective upon issuance unless a later
date is specified therein. Such action shall be final and shall not be subject to
further review unless, no later than thirty days after the notice of the action is
served by certified mail or by hand upon the applicant, he files with the
secretary a request for hearing.
B. Upon timely filing of the request, the secretary shall either grant or
deny the request within thirty days. If the request for hearing is granted, the
issues raised in the request shall be resolved by an adjudicatory hearing before
a hearing officer. Any appeal from a final decision of the secretary shall be in
accordance with the provisions of Chapter 2-A of this Subtitle.
C. If the secretary does not grant the hearing within the time provided
for in Subsection B, the applicant shall, within thirty days thereafter, be
entitled to file an application for de novo review of the secretary's action in the
Nineteenth Judicial District Court for the parish of East Baton Rouge.
D. Notwithstanding the provisions of Subsection A of this Section,
with respect to the effectiveness of a permit action, a final decision of the
secretary which will result in the practical closing and elimination of a lawful
business by either the denial or restriction of a permit shall become effective
no sooner than one hundred twenty days after notice of the action is served
upon the respondent. In such an instance the existing permit will continue in
effect until such decision becomes effective.

Legislative History

Acts 1983, No. 97,§1, eff. Feb. 1, 1984. Acts 1984, No. 795, §1, eff. July 13, 1984; Acts 1984, No. 825, §1, eff. July 13, 1984; Acts 1990, No. 197, §1, eff. July 2, 1990; Acts 1991, No. 231, §1; Acts 1991, No. 846, §1, eff. July 23, 1991; Acts 1993, No. 567, §1, eff. June 10, 1993; Acts 1995, No. 947, §2, eff. Jan. 1, 1996; Acts 1995, No. 1208, §2, eff. June 29, 1995.