Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part V - Office of Mineral Resources
Chapter 9 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source
Subchapter D - Financial Assurance Requirements
Section V-956 - Bankruptcy or Lapse of Financial Assurance or Insurance [Formerly LAC 43:I.1156]
Universal Citation: LA Admin Code V-956
Current through Register Vol. 50, No. 9, September 20, 2024
A. If the lessee becomes bankrupt or insolvent, or if the approved financial assurance expires for any reason, the lessee shall:
1. notify
the board or its authorized representative within five business days of the
expiration of existing financial assurance and/or insurance. Lessees failure to
renew or obtain new financial assurance and/or insurance prior to the
expiration of existing financial assurance and/or insurance shall automatically
suspend all rights granted to the lessee under the AESL. lessees failure to
obtain coverage within 90 days after termination of the required security
and/or insurance shall result in termination of the AESL;
2. notify the board or its authorized
representative within five business days of the initiation of any judicial or
administrative proceeding alleging insolvency or bankruptcy;
3. notify the board or its authorized
representative within five business days after the lessee learns of any action
filed alleging that the lessees surety, or third-party guarantor, is insolvent
or bankrupt.
B. If the approved financial assurance and/or insurance expire for any reason:
1. prior to the cancellation of the security
or insurance required by this Subpart, if the lessee does not provide the
Lessor evidence that a new security or insurance has been obtained meeting all
of the requirements of this Subpart, all rights granted to the lessee under the
AESL shall automatically and, without further notice to the lessee, be
suspended;
2. the lessee shall
immediately suspend operations under the AESL except for those operations
necessary to maintain the safety of already ongoing operations. The lessee
shall provide evidence to the board or its authorized representative by
providing sufficient documentation demonstrating the reinstatement of the
requisite security and/or insurance;
3. upon the reinstatement of the requisite
security and/or insurance, the lessee will be allowed to resume
operations;
4. should lessee fail
to obtain coverage within 90 days after termination of the required security
and/or insurance, the AESL shall terminate.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:124.
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