Current through Register Vol. 50, No. 9, September 20, 2024
A. An
applicant seeking certification shall submit an application to the department
in writing.
1. The application shall state
the means by which the applicant satisfies each of the requirements of
§4107. A Documents
required under
§4107. A shall be
attached to the application.
2. The
application shall state the manner and extent to which the applicant satisfies
or addresses each organization consideration of
§4107 B, or the reasons that a particular
consideration is inapplicable. Documentation thereof, as appropriate, shall be
attached.
a. If the applicant is accredited by
the Land Trust Alliance as a land trust, the applicant may satisfy the
requirements of this
§4109. A.2 by attaching
its application for accreditation to the Land Trust Alliance, a statement of
any variances presently existing or anticipated by the applicant from its
affirmations in the application, and documentation from the Land Trust Alliance
that the accreditation is currently valid.
3. The application shall state the manner and
extent to which the applicant satisfies or addresses each general consideration
of §4107 C, or the
reasons that a particular consideration is inapplicable. Documentation thereof,
as appropriate, shall be attached.
4. The applicant shall state whether any of
the extraordinary considerations of
§4107. D applies, and if
so, shall fully explain the situation and the reasons that the applicant
asserts that the application should not be disqualified for that reason.
a. The reviewer may conduct or obtain a
background or other investigation of the applicant and any officer or director
of the applicant, including any criminal, financial, regulatory, or other
matters. By submitting its application, the applicant and its officers and
directors submit to and waive any objection to any such
investigation.
5. The
applicant may state in or attach to the application any other information that
the applicant asserts is relevant to the determination regarding certification.
The secretary may disregard any information not provided with the application
or any supplement requested by the reviewer.
6. The applicant shall designate an applicant
contact with respect to the application and certification, and shall provide
contact information for that person in the application. All communications with
the applicant regarding the application or certification shall be made to the
designated applicant contact, unless and until another contact is designated to
the department in writing.
B. The secretary shall designate one or more
reviewers to receive, review, and make recommendations to the secretary
regarding applications for certification.
1.
The reviewer shall determine the completeness of the application within 60 days
of receipt.
2. The reviewer shall
consider all information provided in or with the application or any supplement.
The reviewer may disregard any information not submitted timely pursuant to
this Section.
3. The reviewer shall
designate a department contact with respect to the application and
certification, and shall provide contact information for that person to the
applicant. All communications with the department regarding the application or
certification shall be made to the designated department contact, unless and
until another contact is designated to the applicant in writing.
C. If the reviewer deems the
application incomplete or requires additional information, the reviewer shall
so notify the applicant, specifying the deficiencies and/or information
required by the reviewer to complete the application. The reviewer shall issue
any such notice of deficiency in writing to the applicant contact by United
States mail, return receipt requested or with delivery confirmation.
1. If the applicant is notified of a
deficiency in the application or additional information is requested, the
applicant shall remedy the deficiency or provide the requested information
within 60 days after issuance of the notice of deficiency.
2. The reviewer may request one or more
interviews of the applicant's board, officers, or staff members, by telephone,
videoconference, or in person. If the reviewer requests any such interviews,
the application shall be considered incomplete until the interviews are
conducted.
3. All time periods for
the secretary or reviewer to take any action under this Chapter shall be
suspended from date of issuance of any notice of deficiency until such time as
the secretary or reviewer determines that the deficiency has been adequately
addressed and so notifies the applicant contact by United States mail, return
receipt requested or with delivery confirmation. The secretary or reviewer
shall have 30 days to take any such action after satisfaction of the
deficiency, in addition to any of the original time period remaining.
D. If the reviewer deems the
application complete, the reviewer shall so notify the applicant. The reviewer
shall issue any such notice of completion in writing to the applicant contact
by United States mail, return receipt requested or with delivery confirmation.
1. If the applicant is notified of completion
of its application, the department shall publish public notice of the
application and the applicant's intent to become certified under this Chapter,
within 30 days after issuing the notice of completion.
a. Such notice shall identify and describe
the applicant, state that the applicant has applied for certification as a land
conservation organization pursuant to
R.S.
31:149 and/or
R.S.
41:1702, and state the applicant's purpose in
seeking certification.
b. Such
notice shall be published in the official journal for the state.
c. Such notice shall identify and provide the
address for the department contact, and state that public comments may be
provided to the department contact in writing within 30 days of publication of
the public notice of the application.
2. The reviewer shall consider any public
comments received in writing within 30 days after publication of the public
notice of the application. The reviewer need not consider public comments that
are not received timely.
E. The reviewer shall make a recommendation
to the secretary in writing regarding whether to grant certification, deny
certification, or grant certification with specified conditions, within 90 days
after publication of public notice of the application.
1. The secretary shall render a determination
regarding certification within 60 days after receiving the recommendation of
the reviewer.
2. The secretary
shall notify the applicant contact in writing of the secretary's determination
regarding certification, by United States mail, return receipt requested or
with delivery confirmation.
F. If the secretary determines to certify the
applicant as a state or national land conservation organization, the applicant
shall submit a request for approval of the certification, together with the
secretary's determination, to the Senate Committee on Natural Resources and the
House Committee on Natural Resources within 60 days of receipt of the
secretary's determination.
1. The applicant
shall bear all responsibility for submitting and obtaining approval of the
certification by both legislative committees.
2. The applicant shall forward any approval
or disapproval of the certification by official action of the committees to the
department contact, immediately upon receipt.
G. Certification shall be effective upon the
date and at the time that it has been approved by both the Senate Committee on
Natural Resources and the House Committee on Natural Resources.
1. No certification shall be valid unless and
until it is approved by both the Senate Committee on Natural Resources and the
House Committee on Natural Resources.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
31:149 and
R.S.
41:1702.
