§ 30:6 — Hearings; notice; rules of procedure; emergency; service of process; public records;

Louisiana § 30:6

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§6. Hearings; notice; rules of procedure; emergency; service of process; public records;
request for hearings; orders and compliance orders
A. The secretary shall prescribe the rules of order or procedure in hearings or other
proceedings before him under this Chapter.
B. No rule, regulation, order, or change, renewal, or extension thereof, shall, in the
absence of an emergency, be made by the secretary under the provisions of this Chapter
except after a public hearing upon at least ten days' notice given in the manner and form
prescribed by him. This hearing shall be held at a time and place and in the manner
prescribed by the secretary. The secretary, in his discretion, may designate a member of his
staff to conduct public hearings on his behalf. Any person having an interest in the subject
matter of the hearing shall be entitled to be heard. Whenever any application shall be made
to the secretary for creation, revision, or modification of any unit or units for production of
oil or gas, or for adoption of any plan for spacing of wells or for cycling of gas, pressure
maintenance or restoration, or other plan of secondary recovery, the applicant shall be
required to file with the application two copies of a map of such unit or units or well spacing
pattern or two explanations of such plan of cycling, pressure maintenance or restoration, or
other secondary recovery program and at least thirty days' notice shall be given of the
hearings to be held thereon, in the manner prescribed by the secretary and a copy of such plat
or explanation of program shall remain on file in the department in Baton Rouge and in the
office of the district manager of the conservation district in which the property is located, and
be open for public inspection, at least thirty days prior to such hearing.
C. If the secretary finds an existing emergency which in his judgment requires the
making, changing, renewal, or extension of a rule, regulation, or order without first having
a hearing, the emergency rule, regulation, or order shall have the same validity as if a hearing
had been held after due notice. The emergency rule, regulation, or order shall remain in force
no longer than fifteen days from its effective date. In any event, it shall expire when the rule,
regulation, or order made after notice and hearing with respect to the same subject matter
becomes effective.
D. Should the secretary elect to give notice by personal service, it may be made by
any officer authorized to serve process or any agent of the secretary in the same manner as
is provided by law for the service of citation in civil actions in the district courts. Proof of
the service by an agent shall be by the affidavit of the person making it.
E. All rules, regulations, and orders made by the secretary shall be in writing and
shall be entered in full by him in a book kept for that purpose. This book shall be a public
record and shall be open for inspection at all times during reasonable office hours. A copy
of a rule, regulation, or order, certified by the secretary, shall be received in evidence in all
courts of this state with the same effect as the original.
F. Any interested person has the right to have the secretary call a hearing for the
purpose of taking action in respect to a matter within the jurisdiction of the secretary by
making a request therefor in writing. Upon receiving the request the secretary shall promptly
call a hearing. After the hearing, and with all convenient speed and in any event within thirty
days after the conclusion of the hearing the secretary shall take whatever action he deems
appropriate with regard to the subject matter. In the event of failure or refusal of the secretary
to issue an order within the period of thirty days, he may be compelled to do so by mandamus
at the suit of any interested person.
G. Notwithstanding the provisions of Subsections B and C of this Section to the
contrary, the secretary, upon determining that a violation of this Chapter or the regulations
adopted hereunder has occurred, may impose a civil penalty as provided in this Chapter.
Additionally, upon determining that a violation of this Chapter or the regulations adopted
hereunder has occurred, the secretary may issue an order requiring compliance. Any such
order issued shall state, with reasonable specificity, the nature of the violation, any cessation
of activities or affirmative operations required to achieve compliance, and a time limit within
which compliance with the order must be achieved. Noncompliance with any such order to
comply shall constitute a violation of this Chapter, and the secretary may impose a civil
penalty for such violation. Any person subjected to a civil penalty shall have the right to a
public hearing if requested in writing, which written request shall suspend the imposition of
the penalty until final action is taken by the secretary after hearing.
H. When an application for any permit to construct or drill a Class V or Class VI
well related to the geologic sequestration of carbon dioxide becomes complete, the secretary
shall notify the governing authority of any parish included in the permit application. The
notice to the governing authority of the parish shall be made no later than the date on which
public notice is issued in accordance with applicable law or regulations. Notice may be made
by electronic mail to the parish president, police jury president, or mayor-president,
depending on the form of parish government.
NOTE: Acts 1997, No. 208, requires monthly hearings in Shreveport.

Legislative History

Acts 1954, No. 174, §1; Acts 1954, No. 489, §1; Acts 1982, No. 321, §1; Acts 1986, No. 514, §1, eff. July 2, 1986; Acts 1990, No. 598, §1; Acts 2023, No. 378, §1, eff. June 14, 2023; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.