Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part V - Office of Mineral Resources
Chapter 5 - Mineral Resources
Subchapter B - Application for Approval of Transfer of Solid Mineral Lease or Sublease
Section V-515 - Procedure for Preparing and Filing Applications [Formerly LAC 43:I.915]
Universal Citation: LA Admin Code V-515
Current through Register Vol. 50, No. 9, September 20, 2024
A. Date of Filing. At least 20 days (Saturdays, Sundays, and holidays excluded) prior to the date on which the transfer is to be effected, or in the case of a transfer by means of purchase of 10 percent or more of equity securities of the lessee, 20 days prior to such purchase, an application shall be filed with the secretary and delivered by hand to the lessee.
B. Number of Copies and Accompanying Material
1.
Two signed copies of the application (including exhibits and all other
accompanying papers and documents) shall be filed with the secretary at the
Department of Natural Resources, Baton Rouge, LA 70804. One signed copy of such
application shall be delivered to the lessee.
2. Each application shall be accompanied by a
signed consent of the applicant to the appointment of the secretary as his or
its agent for service of any and all pleadings, discovery requests, orders and
investigations relating to the application, and, if the applicant is a
corporation, by a consent signed by each director and each officer of the
applicant (and by each director and each officer of any corporation controlling
the applicant) and by any other person identified under
§517. A.4.a ii hereof,
agreeing to make himself available for prehearing investigatory or discovery
proceedings either in the state of Louisiana or in the state in which the
lessee maintains its or his principal executive offices.
3. Each application shall be accompanied by a
certified or bank cashier's check in the amount of $100, payable to secretary,
Department of Natural Resources, as an examination fee and, except as provided
in §923, by a surety bond issued by a bonding company licensed to do business
in the state of Louisiana in the principal amount of $5,000 (or such lesser
amount as the secretary may permit upon request) conditioned to provide for
payment of the costs of any investigation or hearing with respect to the
application.
4. If the applicant is
a corporation, the application shall also be accompanied by a certified copy of
a resolution or resolutions of the board of directors of such applicant (and of
any corporation controlling such applicant) specifically authorizing the person
or persons signing the application and any consent on behalf of the applicant
to sign and file the same.
C. Requirements as to Paper, Printing, and Language
1. The application shall be filed on
good quality, unglazed, white paper, 8 1/2 by 14 inches in size, insofar as
practicable.
2. The application
and, insofar as practicable, all papers and documents filed as a part thereof,
shall be printed, lithographed, mimeographed, or typewritten. All copies of
applications and associated material shall be easily readable and suitable for
repeated photocopying.
3. The
application shall be in the English language. Any associated material filed
with the application in a foreign language shall be accompanied by a
translation into the English language.
D. Presentation of Information
1. Except as otherwise provided:
a. the application requires information only
as to the applicant;
b. whenever
words relate to the future, they have reference solely to present intention;
and
c. any words indicating the
holder of a position or office include persons, by whatever titles designated,
whose duties are those ordinarily performed by holders of such positions or
offices.
2. Unless
clearly indicated otherwise, information set forth in any part of the
application need not be duplicated elsewhere in the application. Where it is
deemed necessary or desirable to call attention to such information in more
than one part of the application, appropriate cross-references are
permitted.
3. Material contained in
any exhibit to the application may be incorporated by reference in the
application. Such material shall be clearly identified in the reference, and an
express statement that the specified matter is incorporated by reference shall
be made at the particular place in the application where the information is
required. Material shall not be incorporated by reference in any case where
such incorporation would render the application incomplete, unclear or
confusing.
4. Information need be
given only insofar as it is known or reasonably available to the applicant. If
any required information is unknown and not reasonably available to the
applicant, either because the obtaining thereof would involve unreasonable
effort or expense or because it rests within the knowledge of another person
not affiliated with the applicant, the information may be omitted, subject to
the following conditions.
a. The applicant
shall give such information on the subject as he/she possesses or can acquire
without unreasonable effort or expense, together with the sources
thereof.
b. The applicant shall
include a statement either showing that unreasonable effort or expense would be
involved or indicating the absence of any affiliation with the person within
whose knowledge the information rests and stating the result of a request made
to such person for the information.
5. The application shall set forth such
additional material facts, if any, as may be necessary to make the required
information, in the light of the circumstances under which it is provided, not
misleading. The secretary may at any time request an applicant to submit
additional relevant information.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:143.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.