Coastal Protection Restoration Authority
Oyster Lease Acquisition and Compensation Program
Pursuant to La. R.S. 56:432.1 et seq., and LAC 43:VII.301 et seq., a leaseholder whose lease is acquired in whole or in part may seek an administrative hearing through the Coastal Protection and Restoration Authority (CPRA) as to whether the acquisition is proper or whether the compensation issued by the CPRA satisfies the rules and regulations of the Oyster Lease Acquisition and Compensation Program. A leaseholder whose lease is not acquired but which was impacted by dredging, direct placement of dredged or other materials, or other work or activities necessary for the construction or maintenance of a project for integrated coastal protection has occurred, may also seek an administrative hearing through CPRA to determine if acquisition of such acreage would be proper.
Louisiana Department of Environmental Quality
Permit Reviews
Pursuant to La. R.S. 30:2024, Louisiana Department of Environmental Quality (LDEQ) permit actions are effective upon issuance, unless a later date is specified. Such actions are final and not subject to further review unless, no later than 30 days after notice of the action is served by certified mail or by hand delivery upon the applicant, the applicant files a request for hearing with the secretary of LDEQ. Upon timely filing of the request, the secretary of LDEQ must either grant or deny the request within 30 days. If the request for a hearing is granted, the issues raised in the request will be resolved by an adjudicatory hearing before a hearing officer at DAL.
Compliance Order and Penalty Assessment Reviews
Pursuant to La. R.S. 30:2050.4, a respondent has the right to an adjudicatory hearing at DAL on a disputed issue of material fact or of law arising from a compliance order or a penalty assessment issued by LDEQ. A written hearing request must be filed with the secretary of LDEQ. Further, an aggrieved person, other than the respondent, may request in writing an adjudicatory hearing on a disputed issue of material fact or of law arising from a compliance order or penalty assessment. The secretary may grant an aggrieved person’s request when equity and justice require it. The request for an adjudicatory hearing must specify the provisions of the order or assessment on which the hearing is requested and must briefly describe the basis for the request. The request for a hearing must be filed within 30 days after notice to the respondent of the compliance order or penalty assessment. Within 30 days after filing the request, the secretary of LDEQ must notify the person requesting the hearing whether the request has been granted or denied.