Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part I - Office of the Secretary
Subpart 1 - Departmental Administrative Procedures
Chapter 3 - Adjudications
Section I-361 - Interlocutory Review

Universal Citation: LA Admin Code I-361

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

A. A party seeking review by the secretary of an interlocutory order, decision or ruling shall file a motion for review of the order with the administrative hearings clerk, who shall forward the motion to the secretary.

B. The presiding officer may stay further proceedings to allow a party to seek review of the interlocutory order, decision or ruling.

C. Within five days of receipt of the motion from the administrative hearings clerk, the secretary shall:

1. affirm the interlocutory order, decision or ruling;

2. modify or overrule the order, decision or ruling, stating the factual and legal reasons for his action;

3. remand the matter with instructions to the presiding officer;

4. decline to review the order, decision or ruling; or

5. file with the administrative hearings clerk written notice extending the five-day period.

D. If the secretary fails to act on the motion within the five-day period, or within any extension, as provided in Subsection C of this Section, he shall be deemed to have declined to review the matter.

E. If the secretary declines to review an interlocutory order, decision or ruling, this shall not preclude the mover from raising the matter later in a motion for review by the secretary of a decision on the merits under LAC 33:I.369.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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