§ 30:925 — Review by commissioner

§925. Review by commissioner
A.(1) A permittee issued a notice or order by the commissioner pursuant to the
provisions of R.S. 30:921(A)(2) and (3), or any person having an interest which is or may
be adversely affected by such notice or order or by any modification, vacation, or termination
of such notice or order, may apply to the commissioner for review of the notice or order
within thirty days of receipt thereof or within thirty days of its modification, vacation, or
termination. Upon receipt of such application, the commissioner shall cause such
investigation to be made as he deems appropriate. Such investigation shall provide an
opportunity for a public hearing, at the request of the applicant or the person having an
interest which is or may be adversely affected, to enable the applicant or such person to
present information relating to the issuance and continuance of such notice or order or the
modification, vacation, or termination thereof. The filing of an application for review under
this Subsection shall not operate as a stay of any order or notice.
(2) The permittee and other interested persons shall be given written notice of the
time and place of the hearing at least five days prior thereto. Any such hearing shall be of
record and shall be subject to the Administrative Procedure Act except where the provisions
of the Administrative Procedure Act are in conflict with the provisions of this Chapter and
the regulations issued by the commissioner pursuant to this Chapter, in which case the
provisions of this Chapter and the regulations issued by the commissioner hereunder shall
govern.
B. Upon receiving the report of such investigation, the commissioner shall make
findings of fact, and shall issue a written decision, incorporating therein an order vacating,
affirming, modifying, or terminating the notice or order, or the modification, vacation, or
termination of such notice or order complained of and incorporate his findings therein.
Where the application for review concerns an order for cessation of surface coal mining and
reclamation operations issued pursuant to the provisions of R.S. 30:921(A)(2) or (3), the
commissioner shall issue the written decision within thirty days of the receipt of the
application for review, unless temporary relief has been granted by the commissioner
pursuant to Subsection C of this Section or by the court pursuant to R.S. 30:926(C).
C. Pending completion of the investigation and hearing required by this section, the
applicant may file with the commissioner a written request that the commissioner grant
temporary relief from any notice or order issued under R.S. 30:921, together with a detailed
statement giving reasons for granting such relief. The commissioner shall issue an order or
decision granting or denying such relief expeditiously: Provided, that where the applicant
requests relief from an order for cessation of coal mining and reclamation operations issued
pursuant to R.S. 30:921(A)(2) and (3), the order or decision on such a request shall be issued
within five days of its receipt. The commissioner may grant such relief, under such
conditions as he may prescribe, if:
(1) A hearing has been held in the locality of the permit area on the request for
temporary relief in which all parties were given an opportunity to be heard.
(2) The applicant shows that there is substantial likelihood that the findings of the
commissioner will be favorable to him, and
(3) Such relief will not adversely affect the health or safety of the public or cause
significant, imminent environmental harm to land, air, or water resources.
D. Following the issuance of an order to show cause as to why a permit should not
be suspended or revoked pursuant to R.S. 30:921, the commissioner shall hold a public
hearing after giving written notice of the time, place, and date thereof. Any such hearing
shall be of record and shall be subject to the Administrative Procedure Act, except where the
provisions of the Administrative Procedure Act are in conflict with the provisions of this
Chapter and the regulations issued by the commissioner pursuant to this Chapter, in which
case the provisions of this Chapter and the regulations issued by the commissioner shall
govern. Within sixty days following the public hearing, the commissioner shall issue and
furnish to the permittee and all other parties to the hearing a written decision, and the reasons
therefor, concerning suspension or revocation of the permit. If the commissioner revokes the
permit, the permittee shall immediately cease surface coal mining operations on the permit
area and shall complete reclamation within a period specified by the commissioner, or the
commissioner shall declare as forfeited the performance bonds for the operation.
E. Whenever an order is issued under this Section, or as a result of any
administrative proceeding under this Chapter, at the request of any person, a sum equal to
the aggregate amount of all costs and expenses, including attorney fees, as determined by the
commissioner to have been reasonably incurred by such person for or in connection with his
participation in such proceedings, including any judicial review of agency actions, may be
assessed against either party as the court, resulting from judicial review or the commissioner,
resulting from administrative proceedings, deems proper.

Legislative History

Added by Acts 1978, No. 406, §1. Amended by Acts 1980, No. 121, §6, eff. June 27, 1980.