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      RS 30:2050.21     

  

§2050.21.  Judicial review; appeal

A.  An aggrieved person may appeal devolutively a final permit action, a final enforcement action, or a declaratory ruling only to the Nineteenth Judicial District Court.  A petition for review must be filed in the district court within thirty days after notice of the action or ruling being appealed has been given.  The district court shall grant the petition for review.

B.  The district court shall promulgate rules of procedure to be followed in taking and lodging appeals.

C.  The department shall not be required to file an answer to the petition for review.

D.  In matters not submitted to the division of administrative law, Department of Civil Service, the department shall transmit to the reviewing court the original or a certified copy of the entire record of the decision or action under review within sixty days after service of the petition on the department, or within further time allowed by the court.  By stipulation of all parties to the review proceedings, the record may be shortened.  A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs.  The court may require or permit subsequent corrections or additions to the record.

E.  If, before the date set for hearing, application is made to the court for leave to present additional information, and it is shown to the satisfaction of the court that the additional information is material and that there was good cause for failure to present it in the proceedings before the department, the court may order that the additional information be taken before the department upon conditions determined by the court.  The department may modify its findings and decision by reason of the additional information and shall file that information and any modifications, new findings, or decisions with the reviewing court.

F.  The provisions of R.S. 49:964(F) and (G), including the standard of review, shall apply to appeals provided in this Section.

G.  Judicial review, appeals, and other proceedings for injunctive relief regarding environmental permits needed for construction or operation of new facilities or modification of existing facilities, shall be decided by the court summarily and by preference.  In no case shall the date for a final decision on the merits of such review or appeals extend beyond the ninetieth day after receipt by the court of the record  for adjudication.  The court in its discretion may issue further orders consistent with the Code of Civil Procedure to carry out the summary mandate of such reviews or appeals.

Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 41, §1, eff. May 7, 1996; Acts 1997, No. 857, §1, eff. July 10, 1997; Acts 1997, No. 1143, §1; Acts 2013, No. 108, §1, eff. June 5, 2013.

NOTE:  SEE ACTS 1996, 1ST EX. SESS., NO. 41, §2; RE: PROCEDURAL LAW.



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