La. Admin. Code tit. 43 § I-305

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

Section I-305 - Application Processing Fees

A. Any person who files an application with the secretary shall reimburse the secretary in accordance with these rules and regulations, for all direct costs incurred by or on behalf of the secretary in processing any such application.

B. Any person who files an application with the secretary for a license to construct or operate support facilities within the secretary's jurisdiction shall remit at the time such application is filed an initial application processing fee of $100 represented by a certified or cashier's check drawn on a bank or trust company doing business under the laws of the state of Louisiana or the United States, payable to the state of Louisiana, Department of Natural Resources.

C. The application processing fee provided for in the preceding paragraph, and all interest accrued thereon, shall be used by the secretary to compensate the secretary for all direct costs incurred by or on behalf of the secretary in processing such applications.

D. Should the application be withdrawn by the applicant before the issuance by the secretary to the applicant of a license to construct or operate support facilities, the secretary shall refund to the applicant any portion of the application fee remaining after payment by the secretary of all direct costs incurred in processing such application through the date of such withdrawal.

E. The secretary shall periodically make a determination of the amount of all direct costs incurred by or on behalf of the secretary in processing an application.

F. The secretary shall assess, as application processing fees, all such direct costs against the person or persons whose application has given rise to the direct 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 secretary within 30 days from receipt of Notice of Assessment.

G. Any person on whom a Notice of Assessment is served under these regulations shall be entitled to a hearing before the secretary on such assessment, provided a written request for a hearing is filed with the secretary within 30 days after receipt of the Notice of Assessment.

H. The secretary'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.

I. 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.

J. The secretary 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 secretary shall make such records available to interested persons in accordance with applicable law.

K. Application processing fees recovered by the secretary pursuant to these rules and regulations shall be limited to the amount necessary to compensate the secretary for the actual costs incurred in processing the application.

L. This Section shall not be interpreted to enlarge or diminish the right of the state of Louisiana, or any political subdivision thereof, to impose any other valid fees.

La. Admin. Code tit. 43, § I-305

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 5:360 (November 1979).

AUTHORITY NOTE: Promulgated in accordance with R.S. 51:1603.