Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part XIX - Office of Conservation-General Operations
Subpart 20 - Expedited Permit Processing Program
Chapter 47 - Expedited Permit Processing Program
Section XIX-4705 - Fees
Universal Citation: LA Admin Code XIX-4705
Current through Register Vol. 50, No. 9, September 20, 2024
A. In addition to the fees charged pursuant to LAC 43:XIX.703 or successor regulations, a fee shall be charged for each application for a permit, modification, order, license, registration, or variance that is processed on an expedited basis in accordance with this Chapter.
1. A total
estimated cost for the expedited processing shall be computed by the
commissioner based upon the estimated number of expedited processing hours
required to complete the administrative review and/or permitting process
multiplied times the hourly overtime salary of the applicable Office of
Conservation employees or the hourly rate of applicable contractors, including
associated related benefits, plus an administrative fee of twenty percent of
the total costs. The overtime salary of the Office of Conservation employees
shall be the normal hourly wage times one and one-half.
a. Prior to commencement of the expedited
application process, the applicant shall deposit with the Office of
Conservation no less than 50 percent of the estimated cost provided to the
applicant computed in Paragraph A.1 of this Section. All costs associated with
the expedited review, including overtime wages, hourly contractor wages,
associated related benefits paid, and the administrative fee, will be deducted
from the credited amount as incurred.
b. The required amount to be deposited with
the Office of Conservation in order to initiate the expedited application
process will be determined on a case-by-case basis considering the type of
application, estimated length of review, available resources, compliance
history of the applicant, and any other factors considered pertinent by the
commissioner.
c. When the
applicants credited deposit reaches less than 10 percent of the total cost
estimated in accordance with Paragraph A.1 of this Section, or when otherwise
required by the commissioner, the applicant will be notified, invoiced, and
shall deposit with the Office of Conservation the remaining estimated required
sum to complete the expedited application process.
d. If the applicants credited deposits are
exhausted before the expedited application process is completed, additional
funds will be required to continue the review on an expedited basis.
e. If it is determined after an application
decision is rendered that the applicant owes funds in addition to that
previously deposited in accordance with this Section, an invoice will be
issued, and the applicant will pay the balance due to the Office of
Conservation within 20 days.
f.
Any funds remaining to the credit of the applicant upon completion of the
expedited application process will be refunded within 30 days.
2. In the event that the Office of
Conservation ceases processing an application for a permit, modification,
order, license, registration, or variance at the request of the applicant or in
accordance with LAC 43:XIX.4703.C.3 of this Section, any unused funds on
deposit credited to the applicant for expedited processing of the subject
application for a permit, modification, order, license, registration, or
variance shall be refunded to the applicant within 30 days.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4(P).
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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