§ 30:926 — Judicial review

§926. Judicial review
A. Any person affected who is aggrieved by a rule, regulation, or order
issued by the commissioner hereunder, or by an act done or threatened
thereunder, and who has exhausted his administrative remedy, may obtain
judicial review thereof in a suit instituted in the district court of the parish of
East Baton Rouge or in the parish where the operations occur which give rise
to the rule, regulation, order, or act. Such suit shall be filed within thirty days
after the challenged rule, regulation, order, or other act is promulgated or taken
and shall be tried summarily, in term or vacation. In such trials the validity of
any rule, regulation, or order made or promulgated hereunder shall be deemed
prima facie valid and the court shall be limited in its consideration to a review
of the record of the proceedings before the commissioner and no new or
additional evidence shall be received.
The reviewing court shall limit its consideration to the following:
(1) Whether the rule, regulation, order, or act is constitutional;
(2) Whether the commissioner lacked jurisdiction to adopt the rule,
regulation, or order or do the act or whether the rule, regulation, order, or act
exceeds the commissioner's jurisdiction.
(3) Whether the rule, regulation, order, or act was procured by fraud;
(4) Whether the rule, regulation, order, or act is reasonable;
(5) Whether the commissioner's decision to adopt the rule, regulation,
or order or do the act is supported by substantial evidence.
B. A rule, regulation or order issued by the commissioner pursuant to
this Chapter may only be reviewed judicially pursuant to this Section. The
courts of the State shall have no jurisdiction to hear and determine actions
contesting the validity of a rule, regulation or order issued by the commissioner
except as provided in this Section.
C. In the case of a proceeding to review any order or decision issued
by the commissioner under this Chapter, including an order or decision issued
pursuant to R.S. 30:925(C) or (D) pertaining to any order issued under R.S.
30:921(A)(2), (3), or (4) for cessation of coal mining and reclamation
operations, the court may, under such conditions as it may prescribe, grant
such temporary relief as it deems appropriate pending final determination of
the proceedings if:
(1) All parties to the proceedings have been notified and given an
opportunity to be heard on a request for temporary relief.
(2) The person requesting such relief shows that there is a substantial
likelihood that he will prevail on the merits of the final determination of the
proceeding, and
(3) Such relief will not adversely affect the public health or safety or
cause significant imminent environmental harm to land, air, or water resources.
D. The commencement of a proceeding under this Section shall not,
unless specifically ordered by the court, operate as a stay of the action, order,
or decision of the commissioner.

Legislative History

Added by Acts 1978, No. 406, §1. Amended by Acts 1979, No. 553, §5.