Louisiana Administrative Code
Title 70 - TRANSPORTATION AND DEVELOPMENT
Part VII - Offshore Terminal Authority
Chapter 1 - Licensing Offshore Terminal Facilities for Dry Bulk Cargoes
Section VII-111 - Licenses
Universal Citation: LA Admin Code VII-111
Current through Register Vol. 50, No. 9, September 20, 2024
A. Issuance of a License
1. No license shall issue authorizing
unconditionally the construction or operation of offshore terminal facilities
within the authority's jurisdiction unless the applicant has obtained the
environmental approvals required by the Environmental Protection Plan for such
construction or operations.
2. No
license shall issue unless the authority determines that:
a. the construction and operation of the
proposed offshore terminal facilities will promote the economic and industrial
well being of the state of Louisiana, and will be consistent with the public
interest as declared in the Act;
b.
the proposed offshore terminal facilities will be constructed and operated in
conformance with the Act, the rules and regulations of the authority, other
applicable law and conditions of the license;
c. the applicant has furnished sufficient
evidence of financial responsibility as will insure his ability to comply with
the Act and rules and regulations of the authority;
d. the applicant has reimbursed the authority
for all costs incurred by or on behalf of the authority in processing the
application and has paid to the authority any other sums due the authority
under these regulations or applicable law.
B. Contents of a License
1. A license shall contain the name and
address of the licensee, and the licensee's agent for service of process in the
state of Louisiana.
2. A license
shall contain a description of the offshore terminal facilities
licensed.
3. A license shall
describe all activities authorized by the license.
4. A license shall be subject to and contain
such reasonable conditions as the authority deems necessary to carry out the
purpose of the Act and the authority's rules and regulations, including, but
not limited to conditions requiring that the licensee:
a. comply with all applicable laws and
regulations, now in effect or hereafter adopted or amended, including
specifically the Environmental Protection Plan;
b. construct and operate the offshore
terminal facilities in accordance with the description of such construction and
operation in the license;
c.
promptly provide the authority with the name, address, citizenship and
telephone number of any person with whom the applicant has made, or proposes to
make, a significant contract for the design, construction or operation of
offshore terminal facilities within the authority's jurisdiction, and a
description of any such contract;
d. notify the authority of any substantive
changes in any data submitted to the authority;
e. cooperate with the authority in monitoring
the construction and operation of the offshore terminal facilities
licensed;
f. submit detailed
construction drawings, plans and specifications to the authority for all
components of the offshore terminal facilities sufficiently in advance of
commencement of construction of such components to enable the authority to
properly review such drawings, plans and specifications for conformance with
the provisions and conditions of a license, the authority's rules and
regulations and other applicable law;
g. promptly provide the authority with copies
of any plans, reports, studies, or analyses of proposals approved by the
licensee to make any modifications to the offshore terminal facilities which
would not constitute a substantive change in the conditions or provisions of a
license;
h. afford reasonable
access, at reasonable times, to licensed offshore terminal facilities to
representatives of the authority for the purposes of inspection of relevant
records, files, papers, processes, controls, operations, and facilities for the
purpose of ascertaining the state of compliance with the license, the Act, and
the rules, regulations, and orders of the authority.
C. Specific Undertakings of Licensee
1. At the time of issuance of a
license by the authority, the authority and the licensee shall enter into a
written agreement which shall provide that:
a.
a licensee which exercises its rights under the license shall pay to the
authority reasonable fees and charges lawfully recoverable by the authority to
compensate for cost incurred by the authority since its inception and which
pertain to offshore terminal facilities for the handling of dry bulk cargoes;
and
b. a licensee which exercises
rights under the license shall indemnify and hold harmless the authority from
and against any and all liability, loss, demands, claims, costs, damages,
expenses and attorney's fees, and any and all liability therefor, which the
authority may sustain or incur, arising from or connected with acts or
omissions of the licensee, its agents, servants, employees or contractors with
respect to the location, design, construction or operation of offshore terminal
facilities licensed to the licensee; provided however, that the licensee shall
not be required to indemnify the authority for damages resulting solely from
negligent acts or omissions on the part of the authority or its agents,
servants, employees or contractors.
D. Term of License. Except as otherwise provided in these rules and regulations, a license shall be in effect unless suspended or revoked by the authority or surrendered by the licensee, or for a term of years as prescribed by the authority.
E. Suspension, Modification or Revocation of License
1. A license may be revoked,
suspended, or modified by the authority for the following reasons:
a. the willful making of a false statement or
willful misrepresentation of a material fact in connection with securing or
maintaining such license;
b. the
failure of a licensee to qualify as financially responsible;
c. the failure of a licensee to comply with
or respond to, lawful inquiries, rules, regulations, or orders of the authority
or the conditions of any license issued by the authority;
d. a material change regarding a licensee or
the subject matter covered by a license issued by the authority.
2. The authority may not revoke,
suspend, annul, modify, or withdraw a license unless, prior to the institution
of authority proceedings, the authority gives notice by certified mail to the
licensee of facts which warrant the intended action, and the licensee is given
an opportunity at a hearing to show compliance with all lawful requirements for
the retention of the license. If the authority finds that public health,
safety, or welfare imperatively require emergency action, and incorporates a
finding to that effect in its order, summary suspension of a license may be
ordered pending proceedings for suspension, revocation or other action. These
proceedings will be promptly instituted and a decision promptly rendered. All
hearings held on the suspension, revocation, annulment, or withdrawal of a
license will be governed by the authority's general rules and regulations
concerning adjudications.
F. Transfer of License. Upon the filing of an application by a licensee, a license issued to such licensee under these rules and regulations shall be transferred, if the authority finds that such transfer will be consistent with the public interest as declared in the Act and that the transferee meets all requirements of the Act, the authority's rules and regulations, and other applicable law.
G. Changes of License Conditions or Provisions
1. The authority may make clerical
corrections in a license upon written request by the licensee demonstrating
clearly a need for such changes.
2.
Before the authority may approve any change by a licensee to the offshore
terminal facilities licensed which would constitute a substantive change in any
condition or provision of a license, a licensee shall file an application
therefore with the authority and the authority shall give such application full
consideration as provided in these rules and regulations.
H. Renewal of License
1. Licenses may be renewed by following the
procedures herein for obtaining issuance of a license.
2. When a licensee has made timely and
sufficient application for renewal of a license with reference to any activity
of a continuing nature, his existing license shall not expire until the
application has been determined finally by the authority, and, in case the
application is denied or the terms of the renewal license limited, until the
last day for seeking review of the authority's order, or a later date fixed by
order of the reviewing court.
AUTHORITY NOTE: Promulgated in accordance with R.S. 34:3101 et seq.
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.
