Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part I - Office of the Secretary
Subpart 1 - Departmental Administrative Procedures
Chapter 3 - Adjudications
Section I-365 - Termination of Adjudications
Universal Citation: LA Admin Code I-365
Current through Register Vol. 50, No. 9, September 20, 2024
A. Except where a decision is rendered on the merits, the presiding officer shall issue an order terminating an adjudication:
1. upon written motion, accompanied by an
unconditional withdrawal of the request for a hearing filed with the
administrative hearings clerk;
2.
upon written motion, accompanied by a rescission by the department of the
underlying action;
3. upon joint
written motion signed by the department and the applicant, permittee, or
respondent, accompanied by a stipulation, agreed settlement, or consent order;
or
4. by any other procedure
allowed by law.
B. The presiding officer may also terminate an adjudication upon the default of the person requesting the hearing if:
1. that
person fails to appear at the hearing;
2. the department moves for a default;
and
3. the adjudicatory record
contains proof that notice of the date, time, and place of the hearing was
provided to that person.
C. Upon the default of the person requesting a hearing, the request shall be deemed withdrawn and the action of the department shall become final.
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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