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.

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.