Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part XV - Office of Conservation-Surface Mining
Subpart 5 - Permanent Program Performance Standards
Chapter 73 - Petitions for Award of Costs and Expenses under Section 925.E of the Act
Section XV-7309 - Who May Receive an Award
Universal Citation: LA Admin Code XV-7309
Current through Register Vol. 50, No. 9, September 20, 2024
A. Appropriate costs and expenses including attorneys' fees may be awarded:
1. to any person from the permittee, if the
person initiates any administrative proceedings reviewing enforcement actions,
upon a finding that a violation of the Act, regulations or permit has occurred,
or that an imminent hazard existed, or to any person who participates in an
enforcement proceeding where such a finding is made if the commissioner
determines that the person made a substantial contribution to the full and fair
determination of the issues;
2. to
any person other than a permittee or his representative from the office, if the
person initiates or participates in any proceeding under the Act upon a finding
that the person made a substantial contribution to a full and fair
determination of the issues;
3. to
a permittee from the office when the permittee demonstrates that the office
issued an order of cessation, a notice of violation, or an order to show cause
why a permit should not be suspended or revoked, in bad faith and for the
purpose of harassing or embarrassing the permittee; or
4. to a permittee from any person where the
permittee demonstrates that the person initiated a proceeding under §925 of the
Act or participated in such a proceeding in bad faith for the purpose of
harassing or embarrassing the permittee;
5. to the office where it demonstrates that
any person applied for review pursuant to §925 of the Act or that any party
participated in such a proceeding in bad faith and for the purpose of harassing
or embarrassing the government.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.
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