Louisiana § RS 30:926 - Judicial review

§ RS 30:926. Judicial review

           A. Any person affected who is aggrieved by a rule, regulation, or order issued by the commissioner hereunder, or by an act done or threatened thereunder, and who has exhausted his administrative remedy, may obtain judicial review thereof in a suit instituted in the district court of the parish of East Baton Rouge or in the parish where the operations occur which give rise to the rule, regulation, order, or act. Such suit shall be filed within thirty days after the challenged rule, regulation, order, or other act is promulgated or taken and shall be tried summarily, in term or vacation. In such trials the validity of any rule, regulation, or order made or promulgated hereunder shall be deemed prima facie valid and the court shall be limited in its consideration to a review of the record of the proceedings before the commissioner and no new or additional evidence shall be received.

           The reviewing court shall limit its consideration to the following:

           (1) Whether the rule, regulation, order, or act is constitutional;

           (2) Whether the commissioner lacked jurisdiction to adopt the rule, regulation, or order or do the act or whether the rule, regulation, order, or act exceeds the commissioner's jurisdiction.

           (3) Whether the rule, regulation, order, or act was procured by fraud;

           (4) Whether the rule, regulation, order, or act is reasonable;

           (5) Whether the commissioner's decision to adopt the rule, regulation, or order or do the act is supported by substantial evidence.

           B. A rule, regulation or order issued by the commissioner pursuant to this Chapter may only be reviewed judicially pursuant to this Section. The courts of the State shall have no jurisdiction to hear and determine actions contesting the validity of a rule, regulation or order issued by the commissioner except as provided in this Section.

           C. In the case of a proceeding to review any order or decision issued by the commissioner under this Chapter, including an order or decision issued pursuant to R.S. 30:925(C) or (D) pertaining to any order issued under R.S. 30:921(A)(2), (3), or (4) for cessation of coal mining and reclamation operations, the court may, under such conditions as it may prescribe, grant such temporary relief as it deems appropriate pending final determination of the proceedings if:

           (1) All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief.

           (2) The person requesting such relief shows that there is a substantial likelihood that he will prevail on the merits of the final determination of the proceeding, and

           (3) Such relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.

           D. The commencement of a proceeding under this Section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the commissioner.

           Added by Acts 1978, No. 406, §1. Amended by Acts 1979, No. 553, §5.