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.
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.
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.
The Office of Conservation is charged with conserving and regulating oil, gas, and lignite resources of the state. This statutory responsibility is to regulate the exploration and production of oil, gas and other hydrocarbons and lignite; to control and allocate energy supplies and distribution; and to protect public safety and the environment from oilfield waste, including regulation of underground injection and disposal practices. Pursuant to, and as qualified by La. R.S. 30:6.G, any person subjected to a civil penalty by the Commissioner of Conservation has the right to a public hearing if requested in writing.
The Louisiana Oilfield Site Restoration Program (OSR Program) was created to address the growing problem of unrestored orphaned oilfield sites across the state. Orphaned wells are abandoned oil and gas wells for which no viable responsible party can be located, or such party has failed to maintain the wellsite in accordance with state rules and regulations. The process of recovery of site restoration costs of orphaned oilfield sites from the responsible party and others who may share in this liability is addressed in La. R.S. 30:93. The secretary of DNR is empowered by law to recover all costs incurred by the OSR Program resulting from orphan site restoration operations. Any person who receives notification from DNR that an oilsite was not closed in accordance with Statewide Order No. 29-B (LAC 43:XIX.101 et seq.) and will be declared orphaned, has the right to request a fact finding hearing before an administrative law judge at DAL by submitting a written request to the DNR, along with a $755 filing fee, within 10 days of receipt of the notification from the DNR.
Pursuant to La. R.S. 56:40.3, whenever the Louisiana Department of Wildlife and Fisheries (LDWF) determines that a person unlawfully killed, caught, took, possessed, or injured any fish, wild birds, wild quadrupeds, and other wildlife and aquatic life, resulting in liability of a person for the value of injured or destroyed wildlife or aquatic life, LDWF may demand restitution for the value of such wildlife or aquatic life in accordance with LAC 76:I.315. In lieu of filing a civil suit to recover the penalties, LDWF may elect to have an adjudicatory hearing conducted by DAL in the regional office for the parish where the defendant is domiciled or where the violation occurred. The defendant may waive the adjudicatory hearing upon payment of the amount demanded by LDWF. To pay your civil restitution online, click here. The person against whom the civil penalties are assessed may also be liable for attorney fees and all costs of the adjudicatory hearing conducted by DAL.