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-115 - Procedure for Determination and Assessment of Application Processing Fees
Current through Register Vol. 50, No. 9, September 20, 2024
A. The authority shall periodically make a determination of the amount of all costs incurred by or on behalf of the authority in processing the application.
B. The authority shall assess, as application processing fees, all such costs against the person or persons whose application(s) has given rise to the costs incurred and sought to be recovered, and shall serve on each such person a "notice of assessment." Such person or persons shall thereafter make full payment of such fees to the authority within 30 days from receipt of the notice of assessment.
C. Any person on whom a notice of assessment is served under these regulations shall be entitled to a hearing before the authority on such assessment provided a written request for a hearing is filed with the authority within 30 days after receipt of the notice of assessment.
D. The authority's general rules and regulations and the Louisiana Administrative Procedure Act (R.S. 49:951 et seq.) shall apply to any hearing held in connection with any notice of assessment under these rules and regulations.
E. Should any person fail to pay any application processing fees when due, such person shall pay interest at the legal rate per annum on the unpaid balance of such assessment from the date the assessment is due until paid.
F. The authority shall maintain such records as may be necessary in order to identify, determine and recover all application processing fees pursuant to these rules and regulations, and the authority shall make such records available to interested persons in accordance with applicable law.
G. Application processing fees recovered by the authority pursuant to these rules and regulations shall be limited to the amount necessary to compensate the authority for the actual costs incurred by or on behalf of it in processing the application.
H. These rules and regulations shall not be interpreted to preclude the state of Louisiana or any political subdivision thereof, including the authority, from imposing any otherwise valid fee, charge or toll permitted under applicable law.
AUTHORITY NOTE: Promulgated in accordance with R.S. 34:3101 et seq.