§360. Administrative process for resolution of disputes
A. It is the intent of the legislature to establish a voluntary administrative process to
provide an alternative means of resolving disputes arising from activities under the jurisdiction of
the Department of Conservation and Energy. This process may be utilized upon mutual
agreement of all parties involved as an alternative to any other administrative or judicial
processes provided by law.
B. Procedural requirements.
(1)The administrative process shall initiate upon the submission of written requests by
all involved parties to the secretary of the Department of Conservation and Energy. The secretary
may deny the request at his discretion, but notice of such denial shall be sent to all parties at the
addresses provided in the written
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§360. Administrative process for resolution of disputes
A. It is the intent of the legislature to establish a voluntary administrative process to
provide an alternative means of resolving disputes arising from activities under the jurisdiction of
the Department of Conservation and Energy. This process may be utilized upon mutual
agreement of all parties involved as an alternative to any other administrative or judicial
processes provided by law.
B. Procedural requirements.
(1) The administrative process shall initiate upon the submission of written requests by
all involved parties to the secretary of the Department of Conservation and Energy. The secretary
may deny the request at his discretion, but notice of such denial shall be sent to all parties at the
addresses provided in the written requests. If the secretary does not deny the request to utilize the
administrative process, then the secretary shall forward to all parties an agreement setting forth
the details of the process, how the hearing master's costs shall be paid, and other details of the
process along with the retired judges list provided for in Paragraph (2) of this Subsection. The
administrative process shall not proceed until all parties have signed the agreement and the
secretary appoints a hearing officer as set forth in Paragraph (2) of this Subsection.
(2) Upon receipt of the agreement signed by the parties, the secretary shall appoint a
hearing master as follows:
(a) Qualified hearing masters shall be retired judges included in the retired judges list
maintained by the Louisiana Supreme Court, licensed to practice law in the state, and in good
standing with the Louisiana State Bar Association. They shall not have conflicts or relationships
that could compromise impartiality, and they shall disclose any potential conflicts upon
discovery.
(b) Preference shall be given to retired judges with expertise in administrative law,
regulatory compliance, environmental matters, or relevant industry practices. The department
may maintain and update a list of preferred candidates meeting these criteria.
(c) The parties shall jointly select a hearing master from the provided list within ten days.
If agreement on selecting the hearing officer is not reached within fifteen days, the parties shall
alternately strike names from the list until only one candidate remains, who shall be appointed by
the secretary, subject to their availability. If unavailable, the process shall be repeated until an
appointment is finalized.
C. Scope. The parties may mutually define the scope of matters subject to resolution
through this administrative process, provided those matters involve activities that are within the
jurisdiction and authority of the department as provided by law.
D. Recordation. The signed agreement to utilize this administrative process shall be
recorded in the conveyance records of the parish where the regulated activity or disputed issue
occurred. If the activity or issue is located in more than one parish, then the agreement shall be
recorded in the conveyance records of all parishes where it is located.
E. Decision and remedies.
(1) The hearing master may grant any appropriate remedy or combination of remedies
permissible under applicable law, including but not limited to monetary damages, injunctive
relief, or specific performance.
(2) The hearing master shall issue a draft decision and provide copies via certified mail
to the parties, the department, the Department of Environmental Quality, and the Department of
Wildlife and Fisheries for their review and comments, which shall be provided to the hearing
master, other parties, and the department within thirty days. If no comments are submitted, the
hearing officer shall issue his decision within fifteen days following the end of the thirty-day
comment period. If comments are submitted, the hearing officer shall have thirty days from
receipt of the last comment or from the end of the thirty-day comment period, whichever is later,
to issue his decision. If a comment is submitted by one of the three departments in which a
department states that the draft decision must be revised in order to meet compliance with one of
its applicable laws, rules, or regulations, then the hearing officer shall revise the draft decision
accordingly prior to issuing his decision.
(3) Any decision issued by the hearing master is final unless a review is requested by any
party within thirty days of the issuance of his decision. A review, if requested, shall be conducted
en banc by a panel of three hearing masters selected pursuant to the procedure provided pursuant
to Paragraph (B)(2) of this Section.
(4) If conducted, the panel shall issue a draft decision and provide copies via certified
mail to the parties, the department, the Department of Environmental Quality, and the
Department of Wildlife and Fisheries for their review and comments, which shall be provided to
the panel, other parties, and all three departments within thirty days of receipt of the draft
decision. If no comments are submitted, then the panel shall issue its decision within fifteen days
following the end of the thirty-day comment period. If comments are submitted, the panel has
thirty days from receipt of the last comment or from the end of the thirty-day comment period,
whichever is later, to issue its decision. If a comment is submitted by one of the three
departments in which a department states that the draft decision must be revised in order to meet
compliance with one of its applicable laws, rules, or regulations, then the panel shall revise the
draft decision accordingly prior to issuing its decision. The decision of the panel is final.
F. Publication. All final decisions and the rationale therefor shall be published on the
department's website within thirty days of issuance.
G. Preemption. Unless all parties agree otherwise at the time they request the
administrative process, any pre-existing and duly recorded contractual agreements or leases
governing the relationship between the parties shall supersede this administrative process. A
settlement agreed to by the parties after initiation of the administrative process but prior to the
final decision of the hearing master shall supersede the administrative process as to the parties to
the settlement.
H. Rulemaking authority. The department shall promulgate rules as necessary to
implement the provisions of this Section.
NOTE: R.S. 36:600 as enacted by Acts 2025, No. 458 redesignated to R.S. 36:360.