Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part I - Office of the Secretary
Subpart 1 - Departmental Administrative Procedures
Chapter 20 - Records of Decision for Judicial Review
Section I-2007 - Format of Record of Decision

Universal Citation: LA Admin Code I-2007

Current through Register Vol. 50, No. 9, September 20, 2024

A. Unless otherwise required by law or rule of court, the copy(ies) of the record of decision that are transmitted to the court shall be assembled in the format indicated in Paragraphs A.1-5 of this Section.

1. The main body of the record shall consist of all documents (or legible copies thereof) other than exhibits. (Exhibits are addressed in Paragraph A.2 of this Section.) The main body shall be assembled according to the provisions of Subparagraphs A.1.a-e of this Section.
a. The documents shall be arranged in chronological order, with the oldest document as the first.

b. Each page shall be consecutively numbered. The page number shall be inscribed in the lower right corner of the page, where it is possible to do so without obscuring text or other information.

c. The pages shall be on white paper, measuring 8 1/2 by 14 inches. The image shall be on one side of the paper only.

d. If the main body of the record contains more than 250 pages, it shall be divided into volumes of 250 pages or less.

e. Each volume shall be bound at the top, with front and back covers. The front cover of each volume shall be inscribed with:
i. the name of the court to which the record is directed;

ii. the title of the action;

iii. the docket number assigned by the court;

iv. the division of the court to which the matter is assigned;

v. the words, "Record of Decision;"

vi. the name, address, and telephone number of each attorney of record, with the name and status of each party he/she represents;

vii. the volume number of that volume and the total number of volumes (i.e., Volume 2 of 3); and

viii. the number of exhibits included in the record of decision.

2. Those portions of the record of decision that are not included in the main body are submitted as exhibits. Exhibits shall conform to the provisions of Subparagraphs A.2.a-d of this Section.
a. The following items shall not be included in the main body of the record of decision, but rather shall be submitted as exhibits:
i. items that are larger than 8 1/2 by 14 inches, such as maps, charts, and blueprints;

ii. bound materials, such as books and materials in loose-leaf binders; and

iii. any other items that are too bulky or cumbersome to be efficiently included in the main body of the record of decision.

b. Each exhibit shall be assigned a number. The numbers shall be assigned chronologically according to the date appearing on the exhibit, if any. If no date appears on the exhibit, the exhibit number shall be assigned according to the date of submittal of the exhibit to the department.

c. Each exhibit shall be labeled with the exhibit number, a brief description of the exhibit, and the date appearing thereon or the date of submittal, as applicable.

d. Exhibits shall be packaged in boxes, envelopes, or other containers in such a manner as to facilitate storage and handling. Each box, envelope, or container shall bear a label inscribed with the following information:
i. the name of the court to which the record is directed;

ii. the title of the action;

iii. the docket number assigned by the court;

iv. the division of the court to which the matter is assigned;

v. the words, "Record of Decision;"

vi. the name, address, and telephone number of each attorney of record, with the name and status of each party he/she represents; and

vii. the exhibit number for each exhibit contained therein and the total number of exhibits (i.e., Exhibits 2 and 3 of 7).

3. Confidential Documents
a. Documents or other materials that are part of the record of decision, but have been declared confidential by the secretary in accordance with R.S. 30:2030, R.S. 30:2074(D), or other law, shall be submitted to the court only under seal. "Under seal" shall mean contained in sealed envelopes or boxes, which are clearly marked or labeled with the following inscription:

"CONFIDENTIAL-FOR REVIEW BY COURT PERSONNEL ONLY. The enclosed materials have been declared confidential by the Secretary of the Louisiana Department of Environmental Quality, pursuant to La. R.S. [insert citation]."

b. Confidential materials submitted under seal, as described in Subparagraph A.3.a of this Section, shall not be placed in the main body of the record of decision nor in the exhibits. In place of each such item in the main body of the record of decision the following notice shall be placed, accompanied by a copy of the secretary's written determination of confidentiality as to that item:

"NOTICE-CONFIDENTIAL ITEM SUBMITTED UNDER SEAL. An item which would otherwise appear at this point in the record of decision has been submitted to the court separately and under seal, because the Secretary of the Louisiana Department of Environmental Quality has declared it confidential, pursuant to La. R.S. [insert citation]. See the attached written determination of confidentiality."

4. Indexes
a. The following indexes shall be prepared:
i. a chronological index of every document in the main body of the record of decision, showing the date, item name or description, and page number of the first page of each document;

ii. an alphabetical index of every document in the main body of the record of decision, showing the date, item name or description, and page number of the first page of each document; and

iii. a chronological index of every exhibit in the record of decision, showing the exhibit number and description of each exhibit.

b. A copy of each index shall be included in each volume of the main body of the record of decision, directly beneath the front cover.

c. A copy of the exhibit index shall be placed in each box, envelope, or other container in which exhibits are transmitted to the court.

5. Certificate of Completeness and Authenticity. The first volume of the main body of the record of decision shall contain an original certificate of the decision maker as to the completeness and authenticity of the entire record of decision. Each other volume, if any, shall contain a copy of that certificate. The certificate, or copy thereof, shall be placed after the last page of each volume.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular, 2050.20.

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