La. Admin. Code tit. 43 § XIX-3905

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIX-3905 - Applicability

A. These rules of procedure shall be applicable to all hearing applications which require 30 days notice as set forth in Section 6B of Chapter 1 of Title 30 of the Louisiana Revised Statutes of 1950, including applications relating to revisions of poolwide units created under Section 5C (Act 441 of 1960), provided that, except for the notice provisions contained in §3915. A.1 herein, and except to the extent provided in §3921 herein, these rules of procedure shall not apply to applications relating to the initial creation of poolwide units under Section 5C (Act 441 of 1960) of Chapter 1 of Title 30 of the Louisiana Revised Statutes of 1950.

B. If the application relates to the initial creation of poolwide units under Section 5C (Act 441 of 1960), a copy of same shall be furnished each interested owner and represented party. If the required 75 percent in interest of owners and royalty owners in the reservoir shall have failed to join in the agreement covering the plan and terms of unit operation by the fifteenth day prior to the date of hearing, the applicant shall secure cancellation of the hearing and shall notify all interested owners, represented parties, and interested parties of the cancellation.

C. To the extent practicable, these rules of procedure also shall apply to hearing applications which require 10 days notice. The provisions in §3907 and 3933, concerning pre-application notice, notice of opposition, pre-application conferences, other conferences, proposed units, unit revisions, counterplans and matters which are not deemed practicable for hearing applications which require 10 days notice shall not apply. The posting and publication of a copy of the notice of hearing shall be accomplished as soon as practicable after such notice has been issued by the commissioner. Any interested owner or represented party who has opposition to the application shall give immediate notice thereof to the commissioner, district manager and the applicant.

D. These rules of procedure shall in no way alter or change the right of any interested person, as provided in Paragraph F, Section 6 of Chapter 1 of Title 30 of the La. R.S. of 1950, to have the Commissioner of Conservation call a hearing for the purpose of taking action in respect to a matter within the jurisdiction of the commissioner, nor the requirement that the commissioner, upon receiving the request, promptly call a hearing.

La. Admin. Code tit. 43, § XIX-3905

Adopted by the Department of Natural Resources, Office of Conservation, October 1983, amended and promulgated by the Department of Natural Resources, Office of Conservation, LR 19:760 (June 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.