Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part I - Office of the Secretary
Subpart 1 - Departmental Administrative Procedures
Chapter 11 - Declaratory Rulings
Section I-1103 - Definitions

A. The following terms used in this Chapter shall have the meanings listed below, unless the context otherwise requires, or unless specifically redefined in a particular Section.

Administrative Authority-the Secretary of the Department of Environmental Quality, or his designee, or the appropriate assistant secretary or his designee.

Administrative Record- any and all documents, testimony, records, files, or materials submitted to the administrative authority or compiled by the administrative authority concerning a request for a declaratory ruling or a declaratory ruling.

Aggrieved Person- person who has a real and actual interest that is or might be adversely affected by the agency action upon which a declaratory ruling is sought.

Declaratory Ruling- a final agency action in writing, identified as a declaratory ruling, and issued by the department with respect to one or more of the following:

a. the validity of a rule; or

b. the applicability of any rule, order, or statute to any person, property, or existing state of facts or facts certain to arise.

Declaratory Rulings Clerk- the person who, directly or through his/her designee(s), maintains custody of and receives filings to the records of declaratory rulings.

Declaratory Rulings Officer- the secretary or a delegated assistant secretary responsible for issuing a declaratory ruling.

Department- the Louisiana Department of Environmental Quality.

Intervener- an aggrieved person to whom intervener status is granted by the declaratory rulings officer under LAC 33:I.1133.

Party- the department, a petitioner, or an intervener.

Petitioner- any person who formally requests a declaratory ruling in accordance with this Chapter.

Pleading- a petition, motion, response, request, or any statement of position filed with the declaratory rulings clerk in connection with a request for a declaratory ruling or a declaratory ruling.

Secretary- the Secretary of the Department of Environmental Quality.