La. Admin. Code tit. 43 § XIX-3915

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

Section XIX-3915 - Hearing Application

A. The hearing application may be filed immediately after the pre-application conference or as otherwise provided in §3907 and shall be filed with the commissioner (in duplicate) with a copy to the district manager and to each interested owner and represented party. Interested owners and represented parties need not be furnished the lists described in §3915. A.1 and 2, but the applicant upon request shall furnish copies of said lists to the requesting party. In addition to outlining the purpose thereof, the application shall include or be accompanied by the following:

1. a list of the names and addresses of interested owners and represented parties notified, as required by §3907. B 1;

2. a list of the names and addresses of all interested parties who are known to the applicant after reasonable search. In addition to the publication of the legal notice by the commissioner in the official state journal, the applicant shall provide for posting of a copy of the legal notice of the hearing and unit plat or plats in a prominent place in the area affected and publication of a copy of the legal notice in a newspaper published in the vicinity or general area of the affected field at least 15 days before the hearing. The applicant shall mail copies of the legal notice to all interested owners, represented parties and interested parties and a copy of the unit plat or plats shall be included with the legal notice, if said parties have not already been furnished same. Evidence to establish posting, publishing and mailing shall be submitted at the hearing;

3. a statement that a reasonable effort has been made to obtain a complete list of interested parties, interested owners and represented parties;

4. a statement that a conference has or has not been held, including a brief report on the conference, if held, and a list of the parties in attendance;

5. a unit plat, if units are involved, prepared in accordance with all applicable memoranda and the procedure for assigning nomenclature of LAC 43:XIX.103, with any geological bases for any unit boundary labeled thereon and the other items required by statute or by the commissioner;

6. a definition of the sand proposed for unitization with such sand defined in each reservoir thereof by reference to well log measurements.

B. A request for rules and regulations for more than one sand shall be considered a separate application for each sand and the commissioner shall be furnished an extra copy of the application for each additional sand affected thereby. An application fee for each sand shall be filed with the application as established by Part XIX, Subpart 2 or successor regulation.

C. If, as a result of any conference, the applicant's proposal as set forth in a pre-application notice is revised, the revised proposal shall be explained in the application, and if units are involved and are revised, the revised unit plat shall be filed with the application.

D. If the application does not change or alter the units as proposed in the pre-application notice, additional plats need not be furnished to interested owners and represented parties.

E. If differences are not resolved or if any interested owner or represented party desires to oppose or support a proposal by the introduction of evidence at the hearing, then not less than 15 calendar days before the hearing, he must file with the commissioner and furnish to the district manager, the applicant and all persons who attended the pre-application conference his counterplan or supporting plan, including a plat of his proposed units, if units are involved, prepared in accordance with all applicable memoranda and the procedure for assigning nomenclature of LAC 43:XIX.103, with any geological bases for any unit boundary labeled thereon, accompanied by a letter explaining any points of difference with the applicant's plan.

La. Admin. Code tit. 43, § XIX-3915

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 19:761 (June 1993), repromulgated LR 19:1030 (August 1993).

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