Current through Register Vol. 50, No. 9, September 20, 2024
A. The purpose of
an evidentiary hearing is to develop a record of facts, documents, testimony,
and pleadings for submission to the administrative authority for consideration
in making a permit decision.
B.
Applicability
1. An evidentiary hearing shall
be held after the technical review of an initial permit application for the
operation of a proposed, nonexistent commercial hazardous waste treatment,
storage, disposal, or recycling facility.
2. An evidentiary hearing may be held after
the technical review of a permit application, other than an initial application
for a proposed, nonexistent facility, for the operation of a commercial
hazardous waste treatment, storage, disposal, or recycling facility upon a
determination by the administrative authority that the hearing would be
beneficial in making a permit decision. Considerations by the administrative
authority in making this determination include, but are not limited to,
fact-finding or clarification of issues.
3. Permit applications for which evidentiary
hearings may be held pursuant to Paragraph B.2 of this Section include, but are
not limited to:
a. initial permit
applications for interim status facilities;
b. renewal permit applications for existing
facilities; and
c. major
modification (Class 2 or 3) applications for existing facilities (including
requests for conversion of noncommercial status to commercial
status).
C.
The administrative authority shall give public notice of the hearing at least
30 days prior to the date scheduled for commencement of the hearing.
D. Public notice shall be given for all
evidentiary hearings.
1. The administrative
authority shall mail a copy of a notice to the following persons (any person
otherwise entitled to receive notice under this Subsection may waive his or her
rights to receive notice for any classes and categories of permits):
a. the applicant;
b. the parish governing authority;
c. those who request notice in writing and
those who are on the area mailing list developed by the department.
2. The permit applicant shall
publish a notice, provided by the administrative authority, in a daily or
weekly major local newspaper of general circulation within the area affected by
the facility or activity and in the official journal of the state.
3. The permit applicant shall provide for
broadcasting the notice over a local radio station designated by the
administrative authority.
4. The
administrative authority shall require the applicant to provide and pay for the
notifications in LAC 33:V.709.D.2 and 3 and submit proof thereof.
E. All public notices issued under
LAC 33:V.709.D.1 and 2 shall contain the following minimum information:
1. name and address of the office processing
the permit action for which notice is being given;
2. name and address of the permittee or
permit applicant and, if different, of the facility or activity regulated by
the permit;
3. a brief description
of the business conducted at the facility or activity described in the permit
application;
4. name, address, and
telephone number of a person from whom interested persons may obtain further
information, including copies of the permit application;
5. statement that intervention is required to
participate at the hearing and a brief description of the procedures to qualify
as an intervener;
6. date, time,
and place of the hearing;
7. a
brief description of the nature and purpose of the hearing; and
8. any additional information considered by
the administrative authority to be necessary or proper.
F. Administrative procedures for
adjudications contained in LAC 33:I.Chapter 3 shall apply to evidentiary
hearings except as provided in LAC 33:V.709.G and H or where they are
incompatible with the purpose of the evidentiary hearing as stated in LAC
33:V.709.A.
G. The presiding
officer shall not make findings of fact, conclusions of law, or recommendations
or render decisions on the merits of the permit application. The presiding
officer's authority terminates once the record is complete and has been
submitted to the administrative authority.
H. Administrative procedures for
adjudications pertaining to intervention contained in LAC 33:I.323 shall apply
to evidentiary hearings.
I. Upon
completion of the evidentiary hearing, the administrative authority may require
the applicant to submit additional relevant information to supplement the
record.
J. No draft permit decision
shall be issued until after the administrative authority has received and
reviewed the record of the evidentiary hearing.
K. Unless otherwise directed by the secretary
in writing, hearing officers hired pursuant to
R.S.
30:2018 are hereby delegated authority to
perform the functions of the presiding officer in evidentiary
hearings.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2180 et
seq.
