La. Admin. Code tit. 43 § I-307

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

Section I-307 - Licenses

A. No license shall issue unless the secretary determines that:

1. the facilities which are the subject of a license application to the secretary are support facilities within the term and meaning of Act 605 of 1979 and these rules and regulations;

2. the construction and operation of the proposed support facilities will promote the economic and industrial well being of the state of Louisiana, will be an economically viable project as shown by the data provided in the application, and will be consistent with the public interest as declared in the Act. In making the finding of economic viability and public interest, the secretary shall consider the effect of an application on existing licensed support facilities and shall not issue a license which would be contrary to the state plan promulgated by the secretary pursuant to Act 605 of 1979;

3. the proposed support facilities will be constructed and operated in conformance with the Act, the rules and regulations of the secretary, other applicable law and conditions of the license;

4. the applicant has reimbursed the secretary for all direct costs incurred by or on behalf of the secretary in processing the application and has paid to the secretary any other sums due the secretary under applicable law.

B. 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.

C. A license shall contain a description of the support facilities licensed.

D. A license shall describe all activities authorized by the license.

E. A license shall be subject to and contain such reasonable conditions as the secretary deems necessary to carry out the purposes of the Act and the secretary's rules and regulations, including, but not limited to, conditions requiring that the licensee:

1. comply with all applicable laws and regulations, now in effect or hereafter adopted or amended;

2. construct and operate the support facilities in accordance with the description of such construction and operation in the license;

3. promptly provide the secretary 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 support facilities within the secretary's jurisdiction, and a description of any such contract;

4. notify the secretary of any substantive changes in any data submitted to the secretary;

5. cooperate with the secretary in monitoring the construction and operation of the licensed support facilities;

6. submit detailed construction drawings, plans and specifications to the secretary for all components of the support facilities sufficiently in advance of commencement of construction of such components to enable the secretary to properly review such drawings, plans and specifications for conformance with the provisions and conditions of a license, the secretary's rules and regulations, and other applicable law;

7. afford access, at reasonable times, to licensed support facilities to representatives of the secretary 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 secretary.

F. At the time of issuance of a license by the secretary, the secretary and licensee shall enter into a written agreement which shall provide that:

1. a licensee which exercises its rights under the license shall pay to the secretary reasonable fees and charges lawfully recoverable by the secretary to compensate for direct costs incurred by the secretary which pertain to the licensed support facilities;

2. a licensee which exercises rights under the license shall indemnify and hold harmless the secretary from and against any and all liability, loss, demand claims, direct costs, damages, expenses and attorneys fees, and any and all liability therefor, which the secretary 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 support facilities; provided, however, that the licensee shall not be required to indemnify the secretary for damages resulting solely from negligent acts or omissions on the part of the secretary or his agents, servants, employees or contractors.

G. Except as otherwise provided in these rules and regulations, a license shall be for such term as determined by the secretary.

H. A license may be revoked, suspended, or modified by the secretary for the following reasons:

1. the willful making of a false statement or willful misrepresentation of a material fact in connection with securing or maintaining such license;

2. failure to comply with, or respond to, lawful inquiries, rules, regulations, or orders of the secretary or the conditions of any license issued by the secretary.

I. The secretary may not revoke, suspend, annul, modify or withdraw a license unless, prior to the institution of proceedings, the secretary 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 secretary finds that public health, safety or welfare imperatively require emergency action, and incorporates a finding to that effect in an 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 secretary's general rules and regulations concerning adjudications.

J. Upon the filing of an application by a licensee, a license issued to such licensee under these rules and regulations may be transferred, if the secretary 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 secretary's rules and regulations and other applicable law.

K. The secretary may make clerical corrections in a license upon written request by the licensee demonstrating clearly a need for such changes.

L. Before the secretary may approve any change by a licensee to the licensed support facilities which would constitute a substantive change in any condition or provision of a license, a licensee shall file an application therefor with the secretary and the secretary shall give such application full consideration as provided in these rules and regulations.

M. Licenses may be renewed by following the procedures prescribed herein for obtaining issuance of a license. A license shall be renewed if the secretary finds that the licensee has complied with all terms and conditions of the license.

N. 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 secretary, and, in case the application is denied or the terms of the renewed license limited, until the last day for seeking review of the secretary's order, or a later date fixed by order of the reviewing court.

La. Admin. Code tit. 43, § I-307

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 5:359 (November 1979).

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