Part I. = An Introduction to the Louisiana Administrative Code

This handbook will introduce you to various aspects of the Louisiana Administrative Code (LAC), including the codification system, the format, and the process of promulgating the LAC. The LAC is the official compilation of administrative rules published by agencies and boar= ds in the state of Louisiana.

Revi= sed Statutes (laws passed by the legislature), and the internal guidelines of agencies are not included in administrative rules. The Office of the State Register (OSR) compiles, maintains, and publishes the LAC according to the guidelines of the Administrative Procedure Act (APA), R.S. 49:950 et seq. T= he complete text of the APA, along with a quick reference table, can be found = in Part V of this handbook.

A ru= le becomes part of the LAC when it is promulgated in the Louisiana Register= (for information on the Louisiana Register and on promulgation, see Part = II of this handbook). Rules that have been published in the Louisiana Regis= ter are compiled into individual books (according to a system described in Part= III of this handbook) and are certified and notarized as the official version of the LAC. Each LAC book is updated with new amendments and is compiled every= two years.

It is important that rulemaking agencies understand all concepts of the LAC becau= se of the responsibility each individual agency has for writing and maintaining its rules accurately and conscientiously.

OSR = will consistently work with each agency to obtain approval when a new or amended book is ready for publication and to ensure the accuracy of each agencyR= 17;s administrative rules.

Part II. The Louisiana Register

The Louisiana Register (Register) is the official publication in which all new or amended LAC regulations mus= t be promulgated (published and put into force). The Register, which is published on the twentieth of every month, also contains various announceme= nts and declarations (that will not become part of the LAC). =

Louisiana Register issues are labeled accordi= ng to volume and number. Each volume consists of 12 monthly numbers of the Reg= ister. Volumes are numbered dating back to 1975, the first volume of the Regist= er. The twelve 1975 issues are collectively called Volume 1. The 2011 issues are called Volume 37. The issues within a volume are numbered 1-12. The January issue is always Number 1, the August issue Number 8, etc. For information on citing the Register, see "Authority and Historical Notes" = in Part IV of this handbook.

=

Types of Documents

Agencies may submit four different types of documents for publication in the Register.=

         Notice of Intent (NOI): A Notice of Intent announces an agency's intention to promulgate new regulations or amendments to existing regulations. Every NOI must contain the proposed regulation, printed in full, and statements about= the regulation's anticipated effect on the family and the economy. [APA, R.S. 49:953 (A)]

         Rule: A Rule is published three to twelve months after its corresponding NOI and = puts the new or amended regulation into force. [APA, R.S. 49:954]

         Declaration of Emergency: A Declaration of Emergency, or "Emergency Rule (EMR)," is a temporary measure that remains in effect for no more than= 120 days. Detailed guidelines for Emergency Rule preparation can be found in the APA, R.S. 49:953 (B) and R.S. 49:954.B.(2).

         Potpourri:<= /i> The Potpourri section of the Register contains announcements and var= ious information that will never become part of the LAC.

For detail= s on how to format Emergency Rules and Notices of Intent, see Part IV of this handbook. For details on how to submit the various types of Louisiana Register documents, includin= g the special procedures for final rule publication, see "How to Submit a Document".

The Register also publishes all gubernatorial Executive Orders, occasional Legislation, Commi= ttee Reports, Governor's Reports and Policy and Procedure Memoranda.<= /span>

Research Tools

The Louisiana Register (Register) contains two research tools, the Administrative Code
Update (ACU) and the Cumulative Index. The ACU is printed quarterly (January, April, July, October) in the Register= and an update for the pre= vious year is published in each January issue. The Cumulative Index appears at the end of each Register issue.

The = ACU, an especially useful resource for researching a particular Title or Part, l= ooks like this:

Administrative Cod= e Update

JANUARY - DECEMBER 2003

=

=

=

Location
LR 29

LAC
Title

Part.Section

Effect

Month

Page

10

XV.Chapter 19

Amended

Mar

187

13

I.Chapter 9

Amended

Jun

445

III.Chapter 42

Adopted

Oct

961

III.301-319

Repealed

Jan

51

16

II.105

Amended

Aug

717

22

XIII.Chapters 1 - 5

Amended

Aug

709

=

XIII.511

Repromulgated

Aug

710

All changes to codified rules in 2003 will appear in this update, which lists t= he LAC citation of the relevant text, the action taken, the month of the Re= gister issue, and the page number. All the amendments for any given Title and Part will be listed together in the ACU for a given year (dating back to 1986), making this a fast and efficient research tool. For information on LAC cita= tion see "Citing the LAC" in Part III of this handbook, and for inform= ation on the various types of actions (amended, adopted, etc.) see "Authority and Historical Notes" in Part IV of this handbook.

The Cumulative Index looks like this:

AGRICULTURE AND FORESTRY<= o:p>

Agriculture and Environme= ntal Sciences, Office of

Apiary hearing, 1044P

Boll weevil eradication, 996N, 1068ER

Landscape architect exam, 765P

Pesticide, 291N, 541ER

Plant quarantine, 314P

Retail floristry exam, 153P, 405P, 765P, 1160P, 1299P

Sweet potato, 717N, 1210R

Animal Health Services, Office of

Livestock Sanitary Board

Animal disease, 414ER, 537ER, 782ER, 928ER

Brucellosis, 462N, 718N, 960R, 1044P

Contagious disease, 718N

The Cumulative Index records all action taken in a given year by a given agency. The Index in the March 2004 Louisiana Register (Register) will record all documents from January to March of 2004; the Index in the April = Register will record all documents from January to April; and so on, until in Decemb= er an entire year has been indexed. The numbers in each entry indicate the page number on which the document can be found, and the letters indicate the typ= e of document. Document types are abbreviated as follows.

Emergency Rules—ER

Executive Orders—EO

Rules—R

Committee Reports—CR

Notices of Intent—N

Legislation—L

Potpourri—P

Policy and Procedure Manual—PPM<= /span>

Governor's Report—GR

How to Submit a = Document=

Deadline

A document to be published in a given month must be submitted to the Office of the State Register by noon on the tenth day of that month (in other words, a document= to be published in the April Register must be submitted by April 10). If the tenth of the month falls on a weekend, the deadline becomes noon on the preceding Friday.

Required Materials

The following materials must be submitted for each document.

      1.   An insertion order. This one-= page form may be copied from any issue of the Register, obtained from the= OSR website at htt= p://www.state.la.us/osr/osr.htm, or from our office. The insertion order provides us with basic information about the document, such as the type of = document, the document title, the rulemaking agency, and the contact person at the agency. Each individual document must be accompanied by an insertion order,= and every insertion order must be signed by an agency designee. (A copy of the insertion order is included at the end of this booklet.) =

      2.   A paper copy of the document = text.

      3.   An electronic copy of the doc= ument text (see exception in the following section, Special Procedures: Final Rule).

        &= nbsp;   a. By electronic submission to Reg.Submission@la.gov. The document should send as a file attachment via email. The fil= e must contain all materials to be printed, including the introductory paragraph a= nd, if applicable, the Fiscal and Economic Impact Statement (FEIS). All materials for a single document should be included in one file (see example in Part VII.C. of this document= ) (the FEIS may be placed in a separate file).&nb= sp; Multiple documents may be attached as separate files in a single ema= il; each file should, of course, be clearly labeled. Documents in Microsoft Word format= are preferred.

        &= nbsp;   b. On a CD. The disk must contain all materials to be printed, including the introductory paragraph and, if applicable, the Fiscal and Economic Impact Statement (FEIS). All materials = for a single document should be included in one file (the FEIS may be placed in= a separate file). Multiple documents may be included as separate files on a single disk; each file should, of course, be clearly marked. Documents in Microsoft Word format are preferred. (Never submit a PDF file!)<= /span>

<= o:p>

DO NOT USE:   TRACKING, AUTOMATED NUMBERING, OR STRIKETHOUGH/UNDERSCORE FOR LOUISIANA REGISTER ELECTRONIC DOCUMENT FILES.

      4.   For Notices of Intent that in= clude an FEIS, the original FEIS signed by the appropriate parties must also be submitted.

For more information on the materials that must be submitted with each type of docum= ent, see Part IV of this handbook, "How to Format a Document."

Special Procedures: Final Rule

When submitting a final Rule that was previously published as a Notice of Intent, DO NOT resubmit the text on diskette. Simp= ly photocopy the Notice of Intent from the Register it was published in= and mark in red ink, any changes t= o be made. When marking changes, keep the following guidelines in mind.

► In the introductory paragraph, phrases such as "proposed Rule" will be changed to "Rule," and phrases = such as "intends to adopt" will become "has adopted."

► The Fiscal and Economic Impact Statement, along with the Family Impact Statement, Public Comments paragraph and the Public Heari= ng paragraph, will be deleted.

Note: If individual chan= ges are extensive, submit these changes electronically with the rule. This will prevent a delay in our process and typesetting charges to your office. The delay could put your document in the queue for the next month so be mindful= .

Part III. Codification

The Administrative Proced= ure Act authorizes OSR to "prescribe a uniform system of indexing, numbering, arrangement of text and citation of authority and history notes for the Louisiana Administrative Code" (§954.1.E). This system of numbering is called "codification" and is used to number most of the LAC.

The Codification System

We have divided the LAC i= nto the following Titles, which are organized according to subject matter.

Title 1.&n= bsp;           Adm= inistrative Law

Title 4.&n= bsp;           Adm= inistration

Title 7.&n= bsp;           Agr= iculture and Animals

Title 10.&= nbsp;         Financial Institutions, Consumer Credit, Investment Securities and UCC

Title 13.&= nbsp;         Economic Development

Title 16.&= nbsp;         Community Affairs

Title 19.&= nbsp;         Corporations and Business

Title 22.&= nbsp;         Corrections, Criminal Justice and Law Enforcement

Title 25.&= nbsp;         Cultural Resources

Title 28.&= nbsp;         Education=

Title 31.&= nbsp;         Elections=

Title 32.&= nbsp;         Employee Benefits

Title 33.&= nbsp;         Environmental Quality

Title 34.&= nbsp;         Government Contracts, Procurement and Property Control

Title 35.&= nbsp;         Horse Racing

Title 37.&= nbsp;         Insurance

Title 41.&= nbsp;         Military Forces of the State

Title 40.&= nbsp;         Labor and Employment

Title 42.&= nbsp;         Louisiana Gaming=

Title 43.&= nbsp;         Natural Resources

Title 46.&= nbsp;         Professional and Occupational Standards

Title 48.&= nbsp;         Public Health—General

Title 49.&= nbsp;         Public Health—Food and Drugs

Title 50.&= nbsp;         Public Health—Medical Assistance

Title 51.&= nbsp;         Public Health—Sanitary Code

Title 52.&= nbsp;         Ethics

Title 55.&= nbsp;         Public Safety

Title 56.&= nbsp;         Public Works

Title 58.&= nbsp;         Retirement

Title 61.&= nbsp;         Revenue and Taxation

Title 67.&= nbsp;         Social Services

Title 70.&= nbsp;         Transportation=

Title 71.&= nbsp;         Treasury<= /o:p>

Title 73.&= nbsp;         Weights, Measures and Standards

Title 76.&= nbsp;         Wildlife and Fisheries

Each Title is divided into smaller units according to the outline form shown on the next page.

Title 1

Part I
Subpart 1 (optional)

Chapter 1
Subchapter A (optional)

§101.=    Section

&nbs= p;    A. Subsection

&nbs= p;          1.   Paragraph
&nbs= p;            &= nbsp;   a.   Subparagraph

&nbs= p;            &= nbsp;         i.    Clause

&nbs= p;            &= nbsp;           &nbs= p;   (a).    Subclause

&nbs= p;            &= nbsp;           &nbs= p;         (i).    Division

&nbs= p;            &= nbsp;           &nbs= p;         (ii).   Division

&nbs= p;            &= nbsp;           &nbs= p;   (b).   Subclause
&nbs= p;            &= nbsp;         ii.   Clause

&nbs= p;            &= nbsp;   b.   Subparagraph

&nbs= p;          2.   Paragraph
&nbs= p;    B. Subsection

= AUTHORITY NOTE:    Promulgated = in accordance with R.S. 12:345.

= HISTORICAL NOTE:   Promulgated by the Department of XXX, Office of XXX, LR 25:234 (February 1999).

Note that Titles, Subparts, and Chapters a= re labeled with Arabic numerals, Parts with upper case Roman numerals, and Subchapters with uppercase letters. Note also that the Subpart and Subchapter headings = are labeled "optional": while all codified material must be included = in a Title, Part, and Chapter, each agency may (in consultation with OSR) decide whether or not to subdivide its Parts and Chapters into Subparts and Subchapters (for more details see "Numbering.")=

Chapters are divided into Sections, which = are labeled with the section symbol (§) followed by Arabic numerals. A sec= tion number begins with the Chapter number followed by two digits, so that the f= irst Section of Chapter 1 is labeled §101, the second Section §103, the third Section §105, etc.; the first Section of Chapter 13 is labeled §1301, the second §1303, etc. (for information on even numbered Sections, see "Numbering" in this Part). Sections must be divided exactly as shown above, and all text must be appropriately labeled. Study t= he following example, paying close attention to the use of numerals, letters, = and capitalization.

Correct:

§301.  =    Responsible Automobile Usage

A.   Excess= ive Speed. Individuals caught driving at excessive speeds in designated areas will be punished with one of the following measures:

1.    = confiscation of:

a.    automobiles;

b.    pets; and

c.    either of the following power tools:

    &nbs= p;          i.    drills; or

    &nbs= p;         ii.    wheelbarrows;

2.    = fines; and

3.    = loss of license.

B.   Excess= ive Swerving. Individuals who swerve too much may atone for themselves in one= of the following ways.

1.    = If the individual swerves into a flowerbed, he may write an essay on horticultur= e.

2.    = If the individual swerves into a mailbox, he may repair the mailbox to its origi= nal condition and do volunteer work at the post office.

AUTHORITY NOTE:&= nbsp; Promulgated in accordance with R.S. 27:348.

HISTORICAL NOTE:   Promulgated by the Department of Driving Safety, Office of Vehicles, LR 22:338 (March 1996).

Note that no paragraph of text is left unlabeled. Look now at the following examples.

Incorrect:

§301.  =    Responsible Automobile Usage

Individuals caught driving at excessive sp= eeds in designated areas will be punished with excessive fines and a prol onged period of prob= ation and evaluation supervised by a designated officer, who will provide guida= nce, support, and discipline.

AUTHORITY NOTE:&= nbsp; Promulgated in accordance with R.S. 27:348.

HISTORICAL NOTE:   Promulgated by the Department of Driving Safety, Office of Vehicles, LR 22:338 (March 1996).

§301.  =    Responsible Automobile Usage

A.   Indivi= duals caught driving at excessive speeds in designated areas will be punished w= ith excessive fines and a prolonged period of probation and evaluation superv= ised by a designated officer, who will provide guidance, support, and discipli= ne.

If the individual fails to meet the requirements of his supervising officer, he shall be assigned to the Division of Recalcitrant Drivers, where he will remain until discharged to the custody of his offi= cer.

AUTHORITY NOTE:&= nbsp; Promulgated in accordance with R.S. 27:348.

HISTORICAL NOTE:   Promulgated by the Department of Driving Safety, Office of Vehicles, LR 22:338 (March 1996).

The first of these two Sections is flawed because of a failure to designate the text with "A." Even a single paragraph of text must be designated with the proper codification. The seco= nd incorrect example is flawed because the second paragraph is not labeled. It might appropriately be either incorporated into Subsection A or designated as Subsection B; but cannot go unlabeled (for more instructions on how to form= at codified text, see Part IV of this handbook).

Numbering

Most Parts, Chapters, and Sections are num= bered with odd numbers. Using this method leaves room to incorporate new rules without changing the codification. An agency that has published §101 a= nd §103 can adopt rules at a later date regarding similar subject matter = in §102.

With each new Part, Chapter numbering begi= ns anew (i.e., the first Chapter in any given Part will be Chapter 1), and with each new Chapter, Section numbering begins anew (i.e., the first Section in= any given Chapter will begin with the Chapter number followed by two digits - XX01). But Subparts and Subchapters do not affect numbering. The following sample outlines should make this point clear.

&nbs= p;            &= nbsp;   Part I       = ;            &n= bsp;            = ;            &n= bsp;            = ;     Part I

&nbs= p;            &= nbsp;         Subpart 1       = ;            &n= bsp;            = ;            &n= bsp;          Chapter 1

&nbs= p;            &= nbsp;           &nbs= p;         Chapter 1       =             &nb= sp;            =            Chapter 3

&nbs= p;            &= nbsp;           &nbs= p;         Chapter 3       =             &nb= sp;            =            Chapter 5

&nbs= p;            &= nbsp;           &nbs= p;         Chapter 5       =             &nb= sp;            =            Chapter 7

&nbs= p;            &= nbsp;         Subpart 2       = ;            &n= bsp;            = ;            &n= bsp;          Chapter 9

&nbs= p;            &= nbsp;           &nbs= p;         Chapter 7

&nbs= p;            &= nbsp;           &nbs= p;         Chapter 9

&nbs= p;            &= nbsp;   Part III      &nb= sp;            =             &nb= sp;            =             &nb= sp; Part III

&nbs= p;            &= nbsp;         Subpart 1       = ;            &n= bsp;            = ;            &n= bsp;          Chapter 1

&nbs= p;            &= nbsp;           &nbs= p;         Chapter 1       =             &nb= sp;            =            Chapter 3

&nbs= p;            &= nbsp;           &nbs= p;         Chapter 3       =             &nb= sp;            =            etc.

&nbs= p;            &= nbsp;           &nbs= p;         etc.

Note that the Chapter numbering in both of= the above samples is the same, even though the one on the left is divided into Subparts and the one on the right is not. The beginning of each new Subpart does not affect the Chapter numbering. But the beginning of each new Part d= oes affect Chapter numbering. Section numbering is likewise unaffected by Subchapters (see below).

&nbs= p;            &= nbsp;           &nbs= p;   Chapter 1       =             &nb= sp;            =             &nb= sp;    Chapter 1

&nbs= p;            &= nbsp;           &nbs= p;         Subchapter A       =             &nb= sp;            =            §1= 01

&nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; §101        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;      §103

&nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; §103        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;      §105

&nbs= p;            &= nbsp;           &nbs= p;         Subchapter B       =             &nb= sp;            =            §1= 07

&nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; §105        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;      etc.

&nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; etc.

Authority and Historical Notes=

Each Section ends with an Authority Note a= nd an Historical Note. When researching, these notes serve as a resourceful and time-saving tool. The Authority Note indicates the Revised Statutes or other laws which authorize an agency to adopt or amend a regulation. The Historic= al Note shows the history of a section by listing in chronological order each = time the section was promulgated, repromulgated or amended in the Louisiana Register and the agency responsible for each amendment.

See the "Codification System" of= this Part, and for instructions about formatting see "Authority and Histori= cal Notes" in Part IV of this handbook.

Citing the LAC

References to portions of the Louisiana Administrative Code (LAC), or citations, begin with "LAC" and designate the Title, Part, Section, Subsection, Paragra= ph, etc., as in the following example:

LAC 43:I.705.A.2.c.iii

Note that since the Section number is list= ed, the Chapter is not. When an entire Chapter instead of an individual Section is cited, "Chapter" is spelled out, as in:

LAC 43:I.Chapter 7

So the first example above refers to Title= 43, Part I, Section 705, Subsection A, Paragraph 2, Subparagraph c, Clause iii.= The second citation refers to Title 43, Part I, Chapter 7.

Codification terms such as Part, Chapter, Section, Subsection, Paragraph, and Clause are always capitalized.

Part IV. Document Formatting

The Basic Components=

= Documents submitted for publication in = the Louisiana Register (Register) must be formatted according to the standards outlined in the following pages. Below is a general example of how a docume= nt should look.

=

= Please note the extensive use of the tab key in properly formatted documents.=

=

=

RULE

Department of Driving Safety

Office of Vehicles

Penalties for Speed and Swerving Violations
(LAC 38:III.301)

The Department of Driving Safety, Office of Vehicles, in accordance with R.S. 91:348 and with the Administrative Procedure Act, R.S. 49:950 et seq., hereby amends LAC 38:III.301, Responsible Automobile Usage. This text has been amended in response to increased automobile misuse and to the new federal regulations contained in FCR 22:149.

Title 3= 8

DRIVING= SAFETY

Part III= .[2 spaces]Vehicle Control

Chapter 3.[tab]Violations and Penalti= es

§301.[tab]Responsible Automobile= Usage

A.[tab]Excessive Speed. Individuals caught driving at excess= ive speeds in designated areas will be punished with one of the following measures:

1.[tab]confiscation of:

a.[tab]automobiles;

b.[tab]pets; and

c.[tab]either of the following power tools:

    &nbs= p;          i.[tab]dril= ls; or

    &nbs= p;         ii.[tab]wheelbarr= ows;

2.[tab]fines; and

3.[tab]loss of license.

B.[tab]Excessive Swerving. Individuals who swerve too much m= ay atone for themselves in one of the following ways.

1.[tab]If the individual swerves into a flowerbed, he may wr= ite an essay on horticulture.

2.[tab]If the individual swerves into a mailbox, he may repa= ir the mailbox to its original condition and do volunteer work at the post offic= e.

AUTHORITY NOTE:[tab]Promulgated in accordance with R.S. 27:348.

HISTORICAL NOTE:[tab]Promulgated by the Departm= ent of Driving Safety, Office of Vehicles, LR 22:338 (March 1996), amended LR 26= :307 (February 2000), LR 27:604 (April 2001).

Jim Hagee = ;            &n= bsp;            = ;            &n= bsp;

Deputy Commissioner           &nbs= p;            &= nbsp;

The document, as you can see, contains the department and office names, = a title (which includes the appropriate LAC citation), and then an introductory paragraph. The introductory paragraph describes the rulemaking action (adopted, amended, repealed, promulgated, or repromulgated) and cites the authority that enables the agency to create/amend rules.

Additional information is required for Notices of Intent and for Emergency Rules. See "Special Requirements: N= otices of Intent" and "Special Requirements: Declaration of Emergency&qu= ot; in this Part for those requirements.

The introductory paragraph is followed by a heading that identifies the Title, the Part, and the Chapter (see Part III of this handbook for an explanation of the LAC codification system). Note the exact placement of ta= bs and spaces and the use of capitalization. It is important that the format in the general example be closely followed. Be careful also when typing the Ti= tle, Part, and Chapter names; a simple typing error can permanently change the n= ame and create confusion.

Note: Though the example is indented in each line of text (for clarity's sake), there is= no need for agencies to do so. Our macros will indent the text automatically. = We especially urge agencies not to use automatic outline functions.=

Following the heading, are the actual Sections that are being amended. Be sure= to number the text as instructed in Part III of this handbook; specific format= ting instructions (including instructions for Authority Notes and Hist= orical Notes) are found on the following pages.

The final feature of this sample document is the Name/Title of the agency that is publishing the rule. The Name/Title must be included in every document submitted for publication in the Louisiana Register.

Note that the sample document includes no extra boldface type, italics, underlin= ing, highlighting, strikethrough effects, page numbers, or headers and footers. = Do not include any of these effects. The only exception is in definitions, whe= re italics should be used (see "Definitions" of this Part).

Special Requirements: Notices of Intent<= /b>

Notices of Intent must include three additional components.

        &= nbsp;   1.     A Family Impact Statement, is to be written according to the standards set forth in Section= 972 of the Administrative Procedure Act (see Part V of this handbook, which contains the APA).

        &= nbsp;   2.     An Public Comments paragraph, is to be placed after the Family Impact Statement and should inc= lude contact information for anyone who wishes to comment on the proposed rule. = An Public Comments paragraph should be similar to the example below:

&nbs= p;

Interested persons may submit written comments to Bill Gravy, Administrative Officer, Department of Driving Safety, Box 43678, Baton Rouge, LA 70804, or by facsimile to (225) 342-1234. All comments must be submitted by 4:30 p= .m., May 26, 2004.

&nbs= p;

See "Addresses," "Time," and "Numbers" of this Part for relevant details on formatting address= es and dates.

        &= nbsp;   3.     A Fiscal and Econ= omic Impact Statement (FEIS) is to be signed by designees from the rulemaking ag= ency and the Legislative Fiscal Offic= e. The original FEIS must be submitted to the Office of State Register (with signatures) along with an electronic copy.

For more information on how to for= mat a Notice of Intent, refer to the example in Part VII.C. of this document: &qu= ot;Example Notice of Intents."<= /p>

Special Requirements: Declarations of Emergency=

The openi= ng paragraph of a Declaration of Emergency should be specially formatted accor= ding to guidelines contained in the APA (see Part V of this handbook).

Formatting your Text

Con= tents

&= nbsp;

Addres= ses Agency · Names · Authority = and Historical Notes Capitaliza= tion · Definitions = · Lists · Money · Numbers · Other Abbreviati= ons and Symbols · Preserving Old T= ext without Reprinting It

Repeal= ing a Section · Time Miscellaneous

It is crucial that all do= cuments submitted to our office be accurately formatted. Study the following guidel= ines carefully to help ensure the quality of your documents.

1. Addresses

In the addresses of the public hearing paragraph, titles such as "Mr." and "Mrs." and extraneous phrases such as "to the following address" should be omitted; "Louisiana" should be abbreviated = as "LA" when it appears in a postal address.

<= /p>
&nbs= p;          Incorrec= t:

Written comments may be addressed to the following address: Mr. Bill Gravy, Assistant Secretary, Of= fice of Vehicles, Department of Driving Safety, P.O. Box 44061, Baton Rouge= , Louisiana 7= 0804.

            = Correct:

Written comments may be addressed to Bill Gravy, Assistant Secretary, Office of Vehicles, Departmen= t of Driving Safety, P.O. Box 4= 4061, Baton Rouge, LA 70804.

2. Agency N= ames

Unless needed for clarity, avoid using "state" and "<= st1:place w:st=3D"on">Louisiana" = in conjunction with the names of boards, departments, commissions, and other s= uch entities.

Prefe= rable: Office of Vehicles; Department of Driving Safety=

Not Preferable: State O= ffice of Vehicles; Louisiana Department of Driving Safety

3. Authority and Historical Notes

For a general introduction to Authority and Historical Notes, see Part III of this handbook.

The formatting of Authority Notes is very = simple and is demonstrated in the following example.

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:997 and R.S. 38:671.

Historical Notes are more complicated and = should be written accurately according to the following guidelines.

Historical Notes record four types of acti= on. They are as follows.

        &= nbsp;   ► Promulgated indicates the initial creation and publica= tion of a Section.

&nbs= p;          = ► Amended <= /i>indicates a revision to a Section.

        &= nbsp;   ► Repromulgated indicates republication of a Section. This= term is used when there are

&nbs= p;            &= nbsp; no changes in the content of the rule or when the rule is being reprinted to correct

&nbs= p;            &= nbsp; typographical errors.

&nbs= p;          = ► Repealed = indicates that a Section is being deleted = in its entirety.

The Historical Note of a Section must record every action taken on t= hat Section in the Louisiana Register. It begins by naming the rulemaking entity involved and then records the action taken and the Louisiana Regi= ster citation. Study the following example.

HISTORICAL NOTE:   Promulgated by the Department of Horse and Buggy, Board of Wheels, LR 8:72 (February 1982), amended LR 10:224 (May 1984), LR 11:1031 (August 1985), amended by= the Department of Driving Safety, Office of Vehicles, LR 16:331 (April 1990),= LR 19:1330 (October 1993).

Note that, for each entry, the agency name and the action taken are specified only when there is a difference in the previous entry. The action= is not listed in each entry. Thus the last entry, which records the same action and agency as the previous entry, names only the Louisiana Register citation. The second entry does not name an agency because only the action = type has changed (from "promulgated" to "amended"). The third entry names both agency and action because the agency has changed (when the= agency name has changed, the action is always named along with the new agency name= ).

Note also the use of punctuation and capitalization in the above example. The following details are of particular importance.

            ► No periods or semicolons are used within the note.=

            ► There is a space on= ly between LR and the number immediately following.

   &nbs= p;        ► There are no commas separating month from year in the parenthetical dates.

            ► The words "Authority Note" and "Historical Note"= are in all capital letters and are

separated from the text with a tab.

Louisiana Register citations are simple and can be read as demonstrated using the following example.

LR 37:102 (January 2011)<= o:p>

The "LR" in the citation stands = for Louisiana Register. The number preceding the colon (30 in this case) is the volume number, which changes each year (volume 30 applies to the year 2004). The number following the colon is the page number of the Register issue where the Section being cited begins. The parenthetical date indicates the month and year of the Register issue in which the cited Section can = be found.

4. Capitalization

Never use all capitals in the text except = for acronyms. The first time an acronym is used it should be spelled out follow= ed by the initial capital letters in parentheses. Avoid using an acronym as the first word of a sentence.

The governor shall admini= ster the Aid to Families with Old Vehicles (AFOV) program. No AFOV volunteer sha= ll work more than 12 hours per week.

            =             &nb= sp;            =

Titles should be lowercased unless part of a proper name. The President of the U.S. is= the one exception.

<= span style=3D'mso-font-kerning:1.0pt'>

The governor shall contact Secretary Gravy if budget problems arise. The secretary may, at his discret= ion, contact the presidents of vehicle agencies around the state.

<= span style=3D'mso-font-kerning:1.0pt'>

The word "state" should be lower= cased unless it is part of a proper name or refers to the "State of Louisiana" = as a governmental or legislating entity.

Vehicle owners within the= state of Louisiana shall consult with State Vehicle Officer Smith to find out about registrati= on requirements. The State of Lo= uisiana has the authority to enact whatever regulations necessary to ensure the saf= ety of drivers throughout the state.

<= span style=3D'mso-font-kerning:1.0pt'>

Words such as committee, board, department= , and legislature should not be capitalized unless part of a proper name.

The board may, if inundat= ed with phone calls, enlist the help of the Committee on Vehicle Management or the department. If federal authorities collaborate with the Louisiana Legislature on a plan for phone management, and if the legislature sees fit, the board may apply for special consideration.

Capitalize House when referring to the U.S. House of Representatives. Also capitalize U.S. Senate, U.S. Congress, U.S. Cabinet, etc.

Capitalize Regular Session and Extraordina= ry Session when referring to the legislature.

Capitalize Social Security when referring = to the administration, the act, a Social Security number, or Social Security payme= nts. Capitalize Civil Service when referring to the U.S. system or state system. Lowercase these words when used in a general sense.

Capitalize Title, Part, Subpart, Chapter, Subchapter, Section, Subsection, Paragraph, Subparagraph, and Clause when referring to specific portions of the LAC. Do not capitalize these words wh= en they are used elsewhere.

Capitalize the titles of forms and documen= ts only when they appear with a number.

Applicants shall complete= Form VH-112 and any additional forms that may be

required for the certific= ate of registration.

For more general information on capitaliza= tion, consult a grammar handbook. OSR expects submitted documents to reflect prop= er usage of standard capitalization.

5. Definitions<= /a>

Individual definitions are = not codified with a number or a letter. Instead they are placed in alphabetical order with the defined word capitalized and italicized and a long dash betw= een the word and the definition. Study the following example.=

§101.  =    Regulations over Really Big Trucks

A.   Defini= tions

Big Truck—= a truck weighing more than two tons.

Load-Excessive&#= 8212;a truck carrying a load of more than twice its own weight. The load-excessi= ve designation may apply to trucks of any number of wheels. It may not apply= to trucks carrying:

a.    gifts for needy children;

b.    fresh produce; or

c.    galvanized steel.

Really Big Truck= —a truck weighing more than five tons.

Super Rig—a truck customized with an oversized = diesel engine.

* * *

Tire-Excessive Truck= —a truck containing more than 20 tires.

B.   Really= big trucks may drive only on designated roads, though big trucks may drive anywhere. Load-excessive trucks must be deemed safe by an officer of the Department of Driving Safety.

AUTHORITY NOTE:&= nbsp; Promulgated in accordance with R.S. 27:455.

HISTORICAL NOTE:   Promulgated by the Department of Driving Safety, Office of Vehicles, LR 12:763 (Novem= ber 1986), amended LR 16:402 (May 1990).

<= /p>
<= /p>
Note that the definitions (in alphabetical order as prescribed) are implicitly regarded as Paragraphs because they are directly under a Subsect= ion (see Part III of this handbook, "Codification"). Thus the subpoin= ts under the second definition are regarded as Subparagraphs and labeled a, b,= c. If these definitions are directly under a Clause, they would be labeled as Subclauses; or if they are directly under a Section, they would be labeled = as Subsections.

Note also that asterisks are used between Super Rig and Ti= re-Excessive Truck. The asterisks indicate that there are definitions in the existing text that do not need to be reprinted, and they preserve the definitions to prevent them from being deleted. Because definitions are not codified using= the standard format, this procedure is acceptable. Definitions and other unlabe= led text are the only cases in which this procedure is acceptable (see "Preserving Existing Text without Reprinting It").

And finally, note that words such as "means" and "is" does not follow the long dash. The long dash is used to repl= ace these words.

Correct:

Big Truck—a truck weighing m= ore than two tons.

<= /p>
Incorrect:

Big Truck—means a truck weig= hing more than two tons.

Big Truck means a truck weighing m= ore than two tons.

6. Lists=

Listed items that are not complete sentences should begin with a lowercase letter and should be separ= ated by semicolons as in the following examples.

A.     The truck contain= s:

     1.    one exhaust pipe;

     2.    four tires; and

     3.    one steering wheel.

A.     A student may eat= one of the following:

     1.    beans;

     2.    soup; or

     3.    spaghetti.

Bu= t if the items in the list are complete sentences, the following format is appropria= te:

A.  &n= bsp; A student may choose any of the following options.

  &nbs= p; 1.    If especially hungry, h= e may eat beans with a side of rice and a brownie for dessert.<= /p>
  &nbs= p; 2.    If lactose-intolerant, = he may substitute water for his milk.

  &nbs= p; 3.    If sufficiently talente= d and competent, he may prepare his own food.

7. Money=

Dollar amou= nts should never be written as words.

            <= /span>

Correct: $3; $57.43=

Incorrect: three dollars; 3 dollars; 57 dollars; one milli= on dollars

Decimals are not necessary in a monetary a= mount and should be deleted.

Correct:<= /i> $15

Incorrect: $15.00

Use common sense, though. If, for instance, some figures in a table = use decimals, all figures in that table, for the sake of consistency, should al= so include decimal amounts.

Amounts of less than a dollar should still be written using a dollar sign.

Correct:<= /i> $0.27
Incorrect: 27 cents; 27¢; $.27

8. Numbers<= b>

Numbers with one digit are written as words; numbers with more than o= ne digit are written as numerals. Never include the numeral in parentheses aft= er the word.

Correct: one; five; 10; 268

Incorrect: 1; 5; ten; two hund= red sixty-eight (268)

Exceptions:

            <= /span>► When a number is the first word of a sentence, always write the number as a word.

            <= /span>► Numbers used in clo= se proximity to one another should be consistently formatted, even if it means bending the rules.

Preferable: &qu= ot;between the ages of 3 and 27"

Not Preferable: &qu= ot;between the ages of three and 27"

            <= /span>► Always use numerals for age and units of measureme= nt.

            <= /span>► Percentages should = be written as a numeral and a word (unless they appear in a table or a similar situation in which "%" is needed to save space).

Correct: 3 percent; 22 percent=

Incorrect: five percent; 5%; 2= 2%

     ► Ordinal numbers are always spelled out (with one exception—see directly below).

Correct: third; twenty-fifth

Incorrect: 3rd; 25th

     ► W<= span style=3D'mso-font-kerning:1.0pt'>hen denoting days of the month, ordinal nu= mbers are always written as cardinal (normal) numerals.

Correct: May 15; November 6

Incorrect: May 15th; November sixth

     ► See "Money" in this Part for guidelines on formatting dollar amounts.=

9. Other Abbreviations and Symbols

Most of the instructions for formatting abbreviations and symbols ca= n be found in the sections of this handbook that deal with numbers, money, time, and addresses. But here are a couple of additional guidelines.

Do not substitute the symbol "&" for the word "and."

When citing R.S. 49:950, do not write La. = R.S. 49:950. The "La." is unnecessary.

10. Preserving Existing Text Without Reprinting It<= /span>

Sometimes= a few sentences of a relatively long Section will be amended. In such a case it is impractical, unnecessary, and costly to print the entire Section, and only = the amended portions should be printed.

&nbs= p;

Sounds si= mple, but the catch is that any text omitted from a Section printed in the Reg= ister is effectively deleted, unless it is done properly. Study carefully the following Section; we will take the appropriate steps to amend only a small portion.

§301.     Responsible Automobile Usage

A.   Excess= ive Speed. Individuals caught driving at excessive speeds in designated areas will be punished with one of the following measures:

1.    = confiscation of property;

2.    = fines; and

3.    = loss of license.

B.   Excess= ive Swerving. Individuals who swerve too much may atone for themselves in var= ious ways.

AUTHORITY NOTE:&= nbsp; Promulgated in accordance with R.S. 27:348.

HISTORICAL NOTE:   Promulgated by the Department of Driving Safety, Office of Vehicles, LR 22:338 (March 1996).

Perhaps we want to amend Subsection A to say "Do not drive too fast or you will regret it in on= e of the following ways:" and we want to amend Paragraph A.1 to say "public humiliation." The rest of the Section we want to leave as= is. So we (wrongly) print the rule thus:

§301.  =    Responsible Automobile Usage

A.   Do not= drive too fast or you will regret it in one of the following ways:

1.    = public humiliation;

AUTHORITY NOTE:&= nbsp; Promulgated in accordance with R.S. 27:348.

HISTORICAL NOTE:   Promulgated by the Department of Driving Safety, Office of Vehicles, LR 22:338 (March 1996).

It certai= nly does not make sense to print any of the unchanged text. But by omitting it, we h= ave deleted it. The Section now officially reads as printed above, ending at Paragraph 1. We should have indicated that the rest of the text, though not being printed, still exists. H= ere is how we should have done so:

§301.  =    Responsible Automobile Usage

A.   Do not= drive too fast or you will regret it in one of the following ways:

1.    = public humiliation;

A.2. - = B. …

AUTHORITY NOTE:&= nbsp; Promulgated in accordance with R.S. 27:348.

HISTORICAL NOTE:   Promulgated by the Department of Driving Safety, Office of Vehicles, LR 22:338 (March 1996).

The "= ;A.2. - B." after Paragraph 1 indicates that everything from Paragraph 2 throu= gh Subsection B is being preserved but not printed.

&nbs= p;

This exam= ple makes this technique even clearer. Here is how we would print only the material a= fter Paragraph 1:

§301.  =    Responsible Automobile Usage

A. - A.1= .   …

2.    = fines; and

3.    = loss of license.

B.   Excess= ive Swerving. Individuals who swerve too much may atone for themselves in var= ious ways.

AUTHORITY NOTE:&= nbsp; Promulgated in accordance with R.S. 27:348.

HISTORICAL NOTE:   Promulgated by the Department of Driving Safety, Office of Vehicles, LR 22:338 (March 1996).

We use the standard citation above for Paragraph 1 (A.1), clearly indicating that it f= alls under Subsection A. This method is usually preferable for the sake of clari= ty. But if it is absolutely clear what is being referred to, the full citation = is not necessary, as in the following example, in which everything is being printed but Paragraph 2.

A.   Do not= drive too fast or you will regret it in one of the following ways:

1.    = public humiliation;

2.    = …

3.    = loss of license.

The ellipsis in this case= is perfectly clear.

Do not use asterisks to ind= icate omitted text unless the omitted text is not labeled such as tables or definitions, which are not codified like normal text (see "Definitions= "). Use asterisks to show that an unlabeled portion of the Section is being sav= ed, to insure that this portion is not inadvertently deleted.

11. Repealing a Section

When repealing = an entire Section in the Louisiana Register, format the text as follows. The Section will not appear in subsequent LAC books.

§301.     Responsible Automobile Usage

Repealed.

AUTHORITY NOTE:&= nbsp; Promulgated in accordance with R.S. 27:348.

HISTORICAL NOTE:   Promulgated by the Department of Driving Safety, Office of Vehicles, LR 22:338 (March 1996), repealed LR 23:1027 (August 1997).

<= /i>

12. Time

Avoid using "o'clock= ." The following format is preferable.

5 p.m. &nbs= p;            &= nbsp;    6:30 p.m.

Note that no zeros are us= ed in 5 p.m. Avoid using 5:00 p.m. when the zeros= are unnecessary. But, as with dollar amounts, use common sense and be consisten= t.

Note also that a.m. and p.m. are lowercased.

13. Miscellaneous

When using a reference in your rule, always verify tha= t the reference is accurate. Example of a reference: (see LAC 22:I.303.A.2).

Last but not least, it is always a good idea to perfor= m a spell check when your document is in final form.

Part V. Administrative Procedure Act

Administrative Procedure Act Quick Reference

§953

Rule-Making Procedure<= /span>

§953.A(2)(a) - (b)(iii)=

Interested Persons/Comments<= /o:p>

§953.B(1) - (4)(c)

Emergency Rule Guidelines

§954.B

Effective Dates=

§963

Judicial Review of Rules

§965.2

Regulatory Flexibility Act

§968.D - N=

Oversight Subcommittee Hearings

§969

Legislative Repeal of Rules<= /o:p>

§970

Gubernatorial Repeal of Rules

§971

Oversight Subcommittee Rejection = of Rules

§972

Family Impact Statement

=

LEGISLATION

State Legislature

Administrative Procedur= e Act (R.S. 49:950 et seq.)

(Editor's Note: The following Act is the finished version of the APA stored in the Ho= use of Representatives' database.)

Title 49

STATE ADMINISTRATION

Chapter 13.  &= nbsp;   Administrative Procedure

§950.  &n= bsp; Title and Form of Citation

This Chapter shall be known as the Administrative Procedure Ac= t and may be cited as the Administrative Procedure Act.

Added by Acts 1982, No. 129, §1.

§951.  &n= bsp; Definitions

As used in this Chapter:

(1) "Adjudication" means agency process for the formulation of a decision or order.

(1.1) "Adopt", "adopted", or "adoption", when pertaining to a fee in this Chapter, shall inclu= de action proposed by an agency to adopt, apply, assess, charge, implement, le= vy, or otherwise collect a fee pursuant to authorization by law that the agency= may adopt, apply, assess, charge, implement, levy or otherwise collect such fee= .

(2) "Agency" means each state board, commissio= n, department, agency, officer, or other entity which makes rules, regulations= , or policy, or formulates, or issues decisions or orders pursuant to, or as directed by, or in implementation of the constitution or laws of the United States or the constitution and statutes of Louisiana, except the legislatur= e or any branch, committee, or officer thereof, any political subdivision, as defined in Article VI, Section 44 of the Louisiana Constitution, and any bo= ard, commission, department, agency, officer, or other entity thereof, and the courts.

(3) "Decision" or "order" means the = whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of any agency, in any matter other than rulemaking, required by constitution or statute to be determined on the rec= ord after notice and opportunity for an agency hearing, and including non-reven= ue licensing, when the grant, denial, or renewal of a license is required by constitution or statute to be preceded by notice and opportunity for hearin= g.

(4) "Party" means each person or agency named = or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.

(5) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency, except that an agency i= s a "person" for the purpose of appealing an administrative ruling in= a disciplinary action brought pursuant to Title 37 of the Louisiana Revised Statutes of 1950 prior to the final adjudication of such disciplinary actio= n.

(6) "Rule" means each agency statement, guide,= or requirement for conduct or action, exclusive of those regulating only the internal management of the agency and those purporting to adopt, increase, = or decrease any fees imposed on the affairs, actions, or persons regulated by = the agency, which has general applicability and the effect of implementing or interpreting substantive law or policy, or which prescribes the procedure or practice requirements of the agency. "Rule" includes, but is not limited to, any provision for fines, prices or penalties, the attainmen= t or loss of preferential status, and the criteria or qualifications for licensu= re or certification by an agency. A rule may be of general applicability even though it may not apply to the entire state, provided its form is gene= ral and it is capable of being applied to every member of an identifiable class. The term includes the amendment or repeal of an existing rule but does not include declaratory rulings or orders or any fees.

(7) "Rulemaking" means the process employed by= an agency for the formulation of a rule. Except where the context clearly provides otherwise, the procedures for adoption of rules and of emergency r= ules as provided in R.S. 49:953 shall also apply to adoption, increase, or decre= ase of fees. The fact that a statement of policy or an interpretation of a statute is made in the decision of a case or in an agency decision upon or disposition of a particular matter as applied to a specific set of facts involved does not render the same a rule within this definition or constitu= te specific adoption thereof by the agency so as to be required to be issued a= nd filed as provided in this Subsection.

Acts 1995, No. 1057, §1, eff. June 29, 1995 and Jan= . 8, 1996 (1/8/96 date applicable to Dept. of Health and Hospitals only); Acts 1= 997, No. 1224, §1; Acts 2010, No. 775, §1, eff. June 30, 2010.

NOTE: See Acts 2010, No. 775, §3, regarding i= ts applicability.

§952.  &n= bsp; Public Information; Adoption of Rules; Availability of Rules and Orders

Each agency which engages in rulemaking shall:

(1) File with the Department of the State Register a description of its organization, stating= the general course and method of its operations and the methods whereby the pub= lic may obtain information or make submissions or requests.

(2) Adopt rules of practice setting forth the nature and requirements of all formal and inform= al procedures available.

(3) Make availabl= e for public inspection all rules, preambles, responses to comments, and submissi= ons and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions and publis= h an index of such rules, preambles, responses to comments, submissions, stateme= nts, and interpretations on a regular basis.

(4) Make availabl= e for public inspection all final orders, decisions, and opinions.

Acts 1966, No. 382, §2, eff. July 1, 1967. Am= ended by Acts 1978, No. 252, §1; Acts 1979, No. 578, §1, eff. July 18, 1979; Acts 1990, No. 1085, §1, eff. July 31, 1990; Acts 1993, No. 386, §1.

§953.  &n= bsp; Procedure for Adoption of Rules

A. Prior to the adoption, amendment, or repeal of any ru= le, the agency shall:

(1)(a) Give notice of its intended action and a copy of = the proposed rules at least ninety days prior to taking action on the rule. The notice shall include:

     =        (i)     A statement of ei= ther the terms or substance of the intended action or a description of the subje= cts and issues involved;

     =       (ii)     A statement, appr= oved by the legislative fiscal office, of the fiscal impact of the intended acti= on, if any; or a statement, approved by the legislative fiscal office, that no fiscal impact will result from such proposed action;

     =      (iii)     A statement, appr= oved by the legislative fiscal office, of the economic impact of the intended action, if any; or a statement, approved by the legislative fiscal office, = that no economic impact will result from such proposed action;

     =      (iv)     The name of the p= erson within the agency who has the responsibility for responding to inquiries ab= out the intended action;

     =       (v)     The time when, the place where, and the manner in which interested persons may present their v= iews thereon; and

     =      (vi)     A statement that = the intended action complies with the statutory law administered by the agency, including a citation of the enabling legislation.

     =     (vii)     A statement indic= ating whether the agency has prepared a preamble which explains the basis and rationale for the intended action, summarizes the information and data supporting the intended action, and provides information concerning how the preamble may be obtained.

     =    (viii)     A statement conce= rning the impact on family formation, stability, and autonomy as set forth in R.S. 49:972.

(b)(i) The notice shall be published at least once in t= he Louisiana Register and shall be submitted with a full text of the proposed = rule to the Louisiana Register at least one hundred days prior to the date the agency will take action on the rule.

     =       (ii)     Upon publication = of the notice, copies of the full text of the proposed rule shall be available from the agency proposing the rule upon written request within two working days.=

(c) Notice of the intent of an agency to adopt, amend, = or repeal any rule and the approved fiscal and economic impact statements, as provided for in this Subsection, shall be mailed to all persons who have ma= de timely request of the agency for such notice, which notice and statements s= hall be mailed at the earliest possible date, and in no case later than ten days after the date when the proposed rule change is submitted to the Louisiana Register.

(d) For the purpose of timely notice as required by this Paragraph, the date of notice shall be deemed to be the date of publication= of the issue of the Louisiana Register in which the notice appears, such publication date to be the publication date as stated on the outside cover = or the first page of said issue.

(2)(a) Afford all interested persons reasonable opportun= ity to submit data, views, comments, or arguments, orally or in writing. In = case of substantive rules, opportunity for oral presentation or argument must be granted if requested within twenty days after publication of the rule as provided in this Subsection, by twenty-five persons, by a governmental subdivision or agency, by an association having not less than twenty-five members, or by a committee of either house of the legislature to which the proposed rule change has been referred under the provisions of R.S. 49:968.=

(b)(i) Make available to all interested persons copies = of any rule intended for adoption, amendment, or repeal from the time the notice of its intended action is published in the Louisiana Register. Any heari= ng pursuant to the provisions of this Paragraph shall be held no earlier than thirty-five days and no later than forty days after the publication of the Louisiana Register in which the notice of the intended action appears. The agency shall consider fully all written and oral comments and submissions respecting the proposed rule.

     =       (ii)     The agency shall = issue a response to comments and submissions describing the principal reasons for= and against adoption of any amendments or changes suggested in the written or o= ral comments and submissions. In addition to the response to comments, the agency may prepare a preamble explaining the basis and rationale for the ru= le, identifying the data and evidence upon which the rule is based, and respond= ing to comments and submissions. Such preamble and response to comments a= nd submissions shall be furnished to the respective legislative oversight subcommittees at least five days prior to the day the legislative oversight subcommittee hearing is to be held on the proposed rule, and shall be made available to interested persons no later than one day following their submission to the appropriate legislative oversight subcommittee. If = no legislative oversight hearing is to be held, the agency shall issue a respo= nse to comments and submissions and preamble, if any, to any person who present= ed comments or submissions on the rule and to any requesting person not later than fift= een days prior to the time of publication of the final rule.

     =      (iii)     The agency shall,= upon request, make available to interested persons the report submitted pursuant= to R.S. 49:968(D) no later than one working day following the submittal of such report to the legislative oversight subcommittees.

(3)(a) For the purposes of this Subsection, the statemen= t of fiscal impact shall be prepared by the proposing agency and submitted to the Legislative Fiscal Office for its approval. Such fiscal impact statem= ent shall include a statement of the receipt, expenditure, or allocation of sta= te funds or funds of any political subdivision of the state.

(b) For the purposes of this Subsection, the statement = of economic impact shall be prepared by the proposing agency and submitted to = the Legislative Fiscal Office for its approval. Such economic impact statements shall include an estimate of the cost to the agency to implement= the proposed action, including the estimated amount of paperwork; an estimate of the cost or economic benefit to all persons directly affected by the propos= ed action; an estimate of the impact of the proposed action on competition and= the open market for employment, if applicable; and a detailed statement of the data, assumptions, and methods used in making each of the above estimates.<= /p>
B.(1) If an agency finds that an imminent peril to the p= ublic health, safety, or welfare requires adoption of a rule upon shorter notice = than that provided in Subsection A of this Section and within five days of adopt= ion states in writing to the governor of the state of Louisiana, the attorney general of Louisiana, the speaker of the House of Representatives, the president of the Senate, and the Department of the State Register, its reas= ons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emerg= ency rule. The provisions of this Paragraph also shall apply to the extent necessary to avoid sanctions or penalties from the United States, or to avo= id a budget deficit in the case of medical assistance programs or to secure new = or enhanced federal funding in medical assistance programs. The agency s= tatement of its reason for finding it necessary to adopt an emergency rule shall inc= lude specific reasons why the failure to adopt the rule on an emergency basis wo= uld result in imminent peril to the public health, safety, or welfare, or speci= fic reasons why the emergency rule meets other criteria provided in this Paragr= aph for adoption of an emergency rule.

(2) Notice of the emergency rule shall be mailed to all persons who have made timely request of the agency for notice of rule chang= es, which notice shall be mailed within five days of adoption of the emergency rule. The office of the state register may omit from the Louisiana Register any emergency rule the publication of which would be unduly cumbersome, expensive, or otherwise inexpedient, if the emergency rule in printed or processed form is made available on application to the adopting agency, and if the Louisiana Register contains a notice stating the general subject matter of the omitted emergency rule, the reasons for the finding of the emergency submitted by the agency, and stating how a copy thereof may be obtained.

(3) The validity of an emergency rule or fee may be dete= rmined in an action for declaratory judgment in the district court of the parish in which the agency is located. The agency shall be made a party to the action. An action for a declaratory judgment under this Paragraph may= be brought only by a person to whom such rule or fee is applicable or who woul= d be adversely affected by such rule or fee and only on the grounds that the rul= e or fee does not meet the criteria for adoption of an emergency rule as provide= d in Paragraph (1) of this Subsection. The court shall declare the rule or= fee invalid if it finds that there is not sufficient evidence that such rule or= fee must be adopted on an emergency basis for one or more of the reasons for adoption of an emergency rule as provided in Paragraph (1) of this Subsecti= on. Notwithstanding any other provision of law to the contrary, the emerg= ency rule or fee shall remain in effect until such declaratory judgment is rende= red. The provisions of R.S. 49:963 shall not apply to any action brought pursuant to this Paragraph. The provisions of this Paragraph are in addition to R.S. 49:963 and shall not limit any action pursuant to R.S. 49:= 963.

(4)(a) Within sixty days after adoption of an emergency = rule or fee, an oversight subcommittee of either house may conduct a hearing to review the emergency rule or fee and make a determination of whether such r= ule or fee meets the criteria for an emergency rule or fee as provided in Parag= raph (1) of this Subsection and those determinations as provided in R.S. 49:968(D)(3). If within such time period an oversight subcommittee fi= nds an emergency rule or fee unacceptable, it shall prepare a written report co= ntaining a copy of the proposed rule or proposed fee action and a summary of the determinations made by the committee and transmit copies thereof as provide= d in R.S. 49:968(F)(2).

(b) Within sixty days after adoption of an emergency ru= le or fee, the governor may review such rule or fee and make the determinations as provided in Subparagraph (a) of this Paragraph. If within such time period the governor finds an emergency rule or fee unacceptable, he shall prepare a written report as provided in Subparagraph (a) and transmit copies thereof to the agency proposing the rule change and the Louisiana Register = no later than four days after the governor makes his determination.

(c) Upon receipt by the agency of a report as provided = in either Subparagraph (a) or (b) of this Paragraph, the rule or fee shall be nullified and shall be without effect.

C. An interested person may petition an agency requestin= g the adoption, amendment, or repeal of a rule. Each agency shall prescribe= by rule the form for petitions and the procedure for their submission, considerations, and disposition. Within ninety days after submission = of a petition, the agency shall either deny the petition in writing, stating rea= sons for the denial, or shall initiate rule making proceedings in accordance with this Chapter.

D. When a rule is adopted, amended, or repealed in compl= iance with federal regulations, the adopting agency's notice of intent and the ac= tual text of the rule as published in the Louisiana Register, must be accompanie= d by a citation of the Federal Register issue in which the determining federal regulation is published, such citation to be by volume, number, date, and p= age number.

E. Beginning January 1, 1987, no agency shall adopt, ame= nd, or repeal any rule if the accompanying fiscal impact statement approved by the Legislative Fiscal Office indicates that said rule change would result in a= ny increase in the expenditure of state funds, unless said rule is adopted as = an emergency rule pursuant to the requirements of this Section or unless the legislature has specifically appropriated the funds necessary for the expenditures associated with said rule change.

F.(1) Notwithstanding any other provision of this Chapte= r to the contrary, if the Department of Environmental Quality proposes a rule th= at is not identical to a federal law or regulation or is not required for compliance with a federal law or regulation, the Department of Environmental Quality shall adopt and promulgate such proposed rule separately from any proposed rule or set of proposed rules that is identical to a federal law or regulation or required for compliance with a federal law or regulation. However, if the only difference between the proposed rule or set of proposed rules and the corresponding federal law or regulation is a proposed fee, the Department of Environmental Quality shall not be required to adopt= and promulgate such proposed rule or set of proposed rules separately. For purposes of this Subsection, the term "identical" shall mean that= the proposed rule has the same content and meaning as the corresponding federal= law or regulation.

(2) When the Department of Environmental Quality propose= s a rule that is not identical to a corresponding federal law or regulation, or= is not required for compliance with a federal law or regulation, the Departmen= t of Environmental Quality shall provide a brief summary which explains the basis and rationale for the proposed rule, identifies the data and evidence, if a= ny, upon which the rule is based, and identifies any portions of the proposed r= ule that differ from federal law or regulation if there is a federal law or regulation which is not identical but which corresponds substantially to the proposed rule. Such summary shall be provided along with the notice of intent and shall be published in the Louisiana Register or made available a= long with the proposed rule as provided in Item A(1)(b)(ii) of this Section. The Department of Environmental Quality may also provide such a summa= ry when proposing a rule identical to a corresponding federal law or regulatio= n or proposing a rule which is required for compliance with federal law or regulation to explain the basis and rationale for the proposed rule.

(3) Notwithstanding any other provision of this Chapter = to the contrary, when the Department of Environmental Quality proposes a rule that= is identical to a federal law or regulation applicable in Louisiana, except as provided in Paragraph (4) of this Subsection, it may use the following procedure for the adoption of the rule:

(a) The department shall publish a notice of the propos= ed rule at least sixty days prior to taking action on the rule as provided bel= ow. The notice, which may include an explanation of the basis and rationa= le for the proposed rule, shall include all of the following:

     =        (i)     A statement of ei= ther the terms or substance of the intended action or a description of the subje= cts and issues involved.

     =       (ii)     A statement that = no fiscal or economic impact will result from the proposed rule.

     =      (iii)     The name of the p= erson within the department who has responsibility for responding to inquiries ab= out the intended action.

     =      (iv)     The time, place, = and manner in which interested persons may present their views thereon including the notice for a public hearing required by R.S. 30:2011(D)(1).

     =       (v)     A statement that = the intended action complies with the law administered by the department, inclu= ding a citation of the specific provision, or provisions, of law which authorize= the proposed rule.

(b) Notice of the proposed rule shall be published at l= east once in the Louisiana Register and shall be submitted with a full text of t= he proposed rule to the Louisiana Register at least seventy days prior to the = date the department proposes to formally adopt the rule. The office of the state register may omit from the Louisiana Register any such proposed rule = the publication of which would be unduly cumbersome, expensive, or otherwise inexpedient, if the Louisiana Register contains a notice stating the general subject matter of the omitted proposed rule, the process being employed by = the department for adoption of the proposed rule, and stating how a copy of the proposed rule may be obtained.

(c) Notice of the intent of the department to adopt the= rule shall be mailed to all persons who have made timely request for such notice, which notice shall be mailed at the earliest possible date, and in no case later than ten days after the date when the proposed rule is submitted to t= he Louisiana Register.

(d) For the purpose of timely notice as required by this Paragraph, the date of notice shall be deemed to be the date of publication= of the issue of the Louisiana Register in which the notice appears, such publication date to be the publication date as stated on the outside cover = or the first page of said issue.

(e) The department shall afford all interested persons = an opportunity to submit data, views, comments, or arguments related to the proposed rule, in writing, during a period of no less than thirty days. The department shall consider fully all written comments and submissi= ons respecting the proposed rule.

(f) The department shall make available to all interest= ed persons copies of the proposed rule from the time the notice of its adoptio= n is published in the Louisiana Register.

(g) The department shall issue a response to comments a= nd submissions describing the principal reasons for and against adoption of any amendments or changes suggested in the written comments and submissions and specifically addressing any assertion that the proposed rule is not identic= al to the federal law or regulation upon which it is based. The departme= nt shall issue such response to comments and submissions to any person who presented comments or submissions on the rule and to any requesting person = no later than fifteen days prior to the time of publication of the final rule.=

(h) No later than fifteen days prior to the time of publication of the final rule in the Louisiana Register, the secretary or a= ny authorized assistant secretary of the department shall (i) certify, under o= ath, to the governor of the state of Louisiana, the attorney general of Louisian= a, the speaker of the House of Representatives, the president of the Senate, t= he chairman of the House Committee on Natural Resources and Environment, the chairman of the Senate Committee on Environmental Quality, and the office of the state register that the proposed rule is identical to a specified feder= al law or regulation applicable in Louisiana and (ii) furnish the chairman of = the Senate Committee on Environmental Quality and the chairman of the House Committee on Natural Resources and Environment the response to comments and submissions required under Subparagraph (g) of this Paragraph, together wit= h a copy of the notice required under Subparagraph (a) of this Paragraph.

(i) Unless specifically requested, in writing, by the chairman of the House Committee on Natural Resources and Environment or the chairman of the Senate Committee on Environmental Quality within ten days of the certification provided under Subparagraph (h) of this Paragraph, there shall be no legislative oversight of the proposed rule. If, however, legislative oversight is properly requested, R.S. 49:968 and Items (A)(2)(b)(ii) and (iii) of this Section shall thereafter apply with respect= to the proposed rule.

(j) In the absence of legislative oversight, the propos= ed rule may be adopted by the Department of Environmental Quality no earlier t= han sixty days, nor later than twelve months, after the official notice of the proposed rule was published in the Louisiana Register; provided, however, t= hat the proposed rule shall be effective upon its publication in the Louisiana Register, said publication to be subsequent to the act of adoption.

(4) The procedures set forth in Paragraph (3) of this Subsection for the adoption by the Department of Environmental Quality of r= ules identical to federal laws or regulations applicable in Louisiana shall not = be available for the adoption of any rules creating or increasing fees.

G.(1) Prior to or concurrent with publishing notice of a= ny proposed policy, standard, or regulation pursuant to Subsection A of this Section and prior to promulgating any policy, standard, or final regulation whether pursuant to R.S. 49:954 or otherwise under the authority of the Louisiana Environmental Quality Act, R.S. 30:2001 et seq., the Department of Environmental Quality, after August 15, 1995, shall publish a report, or a summary of the report, in the Louisiana Register which includes:

(a) A statement identifying the specific risks being ad= dressed by the policy, standard, or regulation and any published, peer-reviewed scientific literature used by the department to characterize the risks.

(b) A comparative analysis of the risks addressed by the policy, standard, or regulation relative to other risks of a similar or analogous nature to which the public is routinely exposed.

(c) An analysis based upon published, readily available peer-reviewed scientific literature, describing how the proposed and final policy, standard, or regulation will advance the purpose of protecting human health or the environment against the specified identified risks.

(d) An analysis and statement that, based on the best r= eadily available data, the proposed or final policy, standard, or regulation prese= nts the most cost-effective method practically achievable to produce the benefi= ts intended regarding the risks identified in Subparagraph (a) of this Paragra= ph.

(2) No regulation shall become effective until the secre= tary complies with the requirements of Paragraph (1) of this Subsection.

(3) This provision shall not apply in those cases where = the policy, standard, or regulation:

(a) Is required for compliance with a federal law or regulation.

(b) Is identical to a federal law or regulation applica= ble in Louisiana.

(c) Will cost the state and affected persons less than = one million dollars, in the aggregate, to implement.

(d) Is an emergency rule under Subsection B of th= is Section.

(4) For purposes of this Subsection, the term "identical" shall mean that the proposed rule has the same content and meaning as the corresponding federal law or regulation.

(5) In complying with this Section, the department shall consider any scientific and economic studies or data timely provided by interested parties which are relevant to the issues addressed herein and the proposed policy, standard, or regulation being considered.

H. The Department of Wildlife and Fisheries and the Loui= siana Wildlife and Fisheries Commission may employ the timetables and provisions = of Subsection B of this Section in promulgating rules and regulations relative= to hunting seasons, trapping seasons, alligator seasons, shrimp seasons, oyste= rs seasons, and finfish seasons and size limits, and all rules and regulations pursuant thereto. Rules adopted annually pursuant to this Subsection which open and close the offshore and fall shrimp seasons, the oyster seaso= ns, the marine finfish seasons, the webless migratory game bird hunting season,= and the trapping season shall be effective for the duration of the respective season. Notwithstanding the provisions of Paragraph (B)(4) of this Section, any legislative oversight hearing held on a rule proposed under the provisions of this Subsection shall be held no earlier than five days and no later than thirty days following the date of adoption of the rule.

Acts 1966, No. 382, §3, eff. July 1, 1967. Am= ended by Acts 1974, No. 284, §1, eff. Jan. 1, 1975; Acts 1975, No. 730, &sec= t;1; Acts 1976, No. 279, §1; Acts 1978, No. 252, §1; Acts 1980, No. 39= 2, §1. Acts 1983, No. 713, §1; Acts 1984, No. 953, §1; Ac= ts 1985, No. 371, §1, eff. July 9, 1985; Acts 1986, 1st Ex. Sess., No. 11, §1, eff. Jan. 1, 1987; Acts 1987, No. 853, §1; Acts 1990, No. 106= 3, §1; Acts 1990, No. 1085, §§1 and 2, eff. July 31, 1990; Acts 1991, No. 104, §1, eff. June 30, 1991; Acts 1993, No. 119, §1; Ac= ts 1993, No. 274, §1; Acts 1993, No. 386, §1; Acts 1995, No. 512, §1; Acts 1995, No. 642, §1; Acts 1995, No. 1057, §1, eff. Ju= ne 29, 1995 and Jan. 8, 1996 (1/8/96 date applicable to Dept. of Health and Hospitals only); Acts 1996, 1st Ex. Sess., No. 36, §3, eff. May 7, 199= 6; Acts 1999, No. 1183, §1; Acts 2008, No. 580, §6; Acts 2010, No. 7= 77, §1.

§954.  &n= bsp; Filing; Taking Effect of Rules

A.   No rule = adopted on or after January 1, 1975, is valid unless adopted in substantial complia= nce with this Chapter. Each rule making agency shall file a certified copy of i= ts rules with the Department of the State Register. No rule, whether adopted before, on, or after January 1, 1975, shall be effective, nor may it be enforced, unless it has been properly filed with the Department of the State Register. No rule, adopted on or after November 1, 1978, shall be effective, nor may it be enforced, unless prior to its adoption a report relative to t= he proposed rule change is submitted to the appropriate standing committee of = the legislature or to the presiding officers of the respective houses as provid= ed in R.S. 49:968. No rule, adopted on or after September 12, 1980, shall be effective, nor may it be enforced, unless the approved economic and fiscal impact statements, as provided in R.S. 49:953A, have been filed with the Department of State Register and published in the Louisiana Register. The inadvertent failure to mail notice and statements to persons making request= for such mail notice, as provided in R.S. 49:953, shall not invalidate any rule adopted hereunder. A proceeding under R.S. 49:963 to contest any rule on the grounds of noncompliance with the procedures for adoption, as given in this Chapter, must be commenced within two years from the date upon which the ru= le became effective.

B.   Each rule hereafter adopted shall be effective upon its publication in the Louisiana Register, said publication to be subsequent to the act of adoption, except that:

(1) If a later da= te is required by statute or specified in the rule, the later day is the effective date.

(2) Subject to ap= plicable constitutional or statutory provisions, an emergency rule shall become effective on the date of its adoption, or on a date specified by the agency= to be not more than sixty days future from the date of its adoption, provided written notice is given within five days of the date of adoption to the governor of Louisiana, the attorney general of Louisiana, the speaker of the House of Representatives, and the president of the Senate, and the Departme= nt of the State Register as provided in R.S. 49:953(B). Such emergency rule sh= all not remain in effect beyond the publication date of the Louisiana Register published in the month following the month in which the emergency rule is adopted, unless such rule and the reasons for adoption thereof are publishe= d in said issue; provided, however, that any emergency rule so published shall n= ot be effective for a period longer than one hundred twenty days, except as provided by R.S. 49:967(D), but the adoption of an identical rule under Paragraphs (1), (2) and (3) of Subsection A of R.S. 49:953 is not precluded. The agency shall take appropriate measures to make emergency rules known to= the persons who may be affected by them.

Acts 1966, No. 382, §4, eff. July 1, 1967. Am= ended by Acts 1968, No. 474, §1; Acts 1974, No. 284, §1, eff. Jan. 1, 1= 975; Acts 1975, No. 730, §1; Acts 1978, No. 252, §1; Acts 1980, No. 39= 2, §1; Acts 1990, No. 248, §1; Acts 1990, No. 1085, §1, eff. Ju= ly 31, 1990.

§954.= 1. Louisiana Administrative Code and Louisia= na Register; Publication; Distribution; Copies; Index; Interagency Rules

A.   The Depa= rtment of the State Register shall compile, index, and publish a publication to be known as the Louisiana Administrative Code, containing all effective rules adopted by each agency subject to the provisions of this Chapter, and all boards, commissions, agencies and departments of the executive branch, notwithstanding any other provision of law to the contrary. The Louisiana Administrative Code shall also contain all executive orders issued by the governor on or after May 9, 1972, which are in effect at the time the Louis= iana Administrative Code is published. The Louisiana Administrative Code shall be supplemented or revised as often as necessary and at least once every two years.

B.   The Depa= rtment of the State Register shall publish at least once each month a bulletin to = be known as the Louisiana Register which shall set forth the text of all rules filed during the preceding month and such notices as shall have been submit= ted pursuant to this Chapter. It shall also set forth all executive orders of t= he governor issued during the preceding month and a summary or digest of and fiscal note prepared for each such order as required by the provisions of R= .S. 49:215. In addition, the Department of the State Register may include in the Louisiana Register digests or summaries of new or proposed rules; however, = if any conflict should arise between the written digest of a rule and the rule, the rule shall take precedence over the written digest.

C.   The Depa= rtment of the State Register shall publish such rules, notices, statements, and ot= her such matters as submitted by the rulemaking agency without regard to their validity. However, the State Register may omit from the Louisiana Register = or Louisiana Administrative Code any rule the publication of which would be un= duly cumbersome, expensive, or otherwise inexpedient, if the rule in printed or processed form is made available on application to the adopting agency, and= if the Louisiana Register or Louisiana Administrative Code, as the case may be, contains a notice stating the general subject matter of the omitted rule and stating how a copy thereof may be obtained.

D.   One copy= , or multiple copies if practical, of the Louisiana Register and Louisiana Administrative Code shall be made available upon request to state depository libraries free of charge, and to other agencies or persons at prices fixed = by the department of the state register to recover all or a portion of the mai= ling and publication costs. Notwithstanding the provisions of R.S. 49:951(2) of = this Chapter to the contrary, the department of the state register shall provide free copies of the Louisiana Register and the Louisiana Administrative Code= to the David R. Poynter Legislative Research Library, the Senate Law Library, = and the Huey P. Long Memorial Law Library.

E.    The Department of the State Register shall prescribe a uniform system of indexi= ng, numbering, arrangement of text and citation of authority and history notes = for the Louisiana Administrative Code.

F.    The Department of the State Register may publish advertisements for bids and ot= her legal notices in the Louisiana Register in addition to other publications thereof required by law.

G.    The Department of the State Register is hereby authorized and empowered to promulgate and enforce interagency rules for the implementation and administration of this Section.

H.   The gove= rnor shall be the publisher of the Louisiana Administrative Code and Louisiana Register provided for through the Department of the State Register.

Added by Acts 1974, No. 284, §1, eff. Jan. 1, 1975. Amended by Acts 1975, No. 730, §1; Acts 1976, No. 279, §1; = Acts 1978, No. 252, §1; Acts 1982, No. 687, §1, eff. Aug. 2, 198= 2; Acts 1988, No. 604, §1, eff. July 14, 1988; Acts 1988, No. 937, §= 1, eff. July 26, 1988; Acts 1990, No. 9, §2; Acts 1993, No. 119, §1.

§954.2. Unified Oil and Gas Development Regulatory Index; Summary

Repealed by Acts 2004, No. 220, §1.<= /p>
NOTE: See Acts 2004, No. 220, §2, relative to validity and effectiveness of certain rules, permits, and licenses.

§954.3. Environmental Regulatory Code

The Department of Environmental Quality shall codify its rules= and regulations in effect on March 1, 1992, in the Environmental Regulatory Cod= e, and thereafter, shall update such codification of its rules and regulations= on a quarterly basis. The secretary shall complete and offer for sale at cost = the initial codification within one hundred and eighty days from March 1, 1992.=

Acts 1991, No. 735, §2, eff. July 18, 1991. <= o:p>

§955.  &n= bsp; Adjudication; Notice; Hearing; Records

A.   In an adjudication, all parties who do not waive their rights shall be afforded an opportunity for hearing after reasonable notice.

B.   The noti= ce shall include:

(1) A statement = of the time, place, and nature of the hearing;

(2) A statement o= f the legal authority and jurisdiction under which the hearing is to be held;

(3) A reference t= o the particular sections of the statutes and rules involved;

(4) A short and p= lain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, up= on application, a more definite and detailed statement shall be furnished.

C.   Opportun= ity shall be afforded all parties to respond and present evidence on all issues= of fact involved and argument on all issues of law and policy involved and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

D.   Unless p= recluded by law, informal disposition may be made of any case of adjudication by stipulation, agreed settlement, consent order, or default.

E.    Th= e record in a case of adjudication shall include:

(1) All pleadings, motions, intermediate rulings;

(2) Evidence rece= ived or considered or a resume thereof if not transcribed;

(3) A statement of matters officially noticed except matters so obvious that statement of them would serve no useful purpose;

(4) Offers of pro= of, objections, and rulings thereon;

(5) Proposed find= ings and exceptions;

(6) Any decision, opinion, or report by the officer presiding at the hearing.

F.    Th= e agency shall make a full transcript of all proceedings before it when the statute governing it requires it, and, in the absence of such requirement, shall, at the request of any party or person, have prepared and furnish him with a co= py of the transcript or any part thereof upon payment of the cost thereof unle= ss the governing statute or constitution provides that it shall be furnished without cost.

G.    Fi= ndings of fact shall be based exclusively on the evidence and on matters officially noticed.

Acts 1966, No. 382, §5, eff. July 1, 1967.

§956.  &n= bsp; Rules of Evidence; Official Notice; Oaths and Affirmations; Subpoenas; Depositions and Discovery; and Confidential Privileged Information

In adjudication proceedings:

(1) Agencies may = admit and give probative effect to evidence which possesses probative value commo= nly accepted by reasonably prudent men in the conduct of their affairs. They sh= all give effect to the rules of privilege recognized by law. Agencies may exclu= de incompetent, irrelevant, immaterial, and unduly repetitious evidence. Objec= tions to evidentiary offers may be made and shall be noted in the record. Subject= to these requirements, when a hearing will be expedited and the interests of t= he parties will not be prejudiced substantially, any part of the evidence may = be received in written form.

(2) All evidence, including records and documents in the possession of the agency of which it desires to avail itself, shall be offered and made a part of the record, and all such documentary evidence may be received in the form of copies or exce= rpts, or by incorporation by reference. In case of incorporation by reference, the materials so incorporated shall be available for examination by the parties before being received in evidence.

(3) Notice may be= taken of judicially cognizable facts. In addition, notice may be taken of general= ly recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, o= r by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

(4) Any agency or= its subordinate presiding officer conducting a proceeding subject to this Chapt= er shall have the power to administer oaths and affirmations, regulate the cou= rse of the hearings, set the time and place for continued hearings, fix the time for filing of briefs and other documents, and direct the parties to appear = and confer to consider the simplification of the issues.

(5)(a)   Any = agency or its subordinate presiding officer shall have power to sign and issue subpoenas in the name of the agency requiring attendance and giving of testimony by witnesses and the production of books, papers, and other documentary evidence. No subpoena shall be issued until the party who wishe= s to subpoena the witness first deposits with the agency a sum of money sufficie= nt to pay all fees and expenses to which a witness in a civil case is entitled pursuant to R.S. 13:3661 and R.S. 13:3671.

(b) A subpoena i= ssued pursuant to this Section shall be served by any agent of the agency, by the sheriff, by any other officer authorized by law to serve process in this st= ate, by certified mail, return receipt requested, or by any person who is not a party and who is at least eighteen years of age. Witnesses subpoenaed to testify before an agency only to an opinion founded on special study or experience in any branch of science, or to make scientific or professional examinations, and to state the results thereof, shall receive such addition= al compensation from the party who wishes to subpoena such witness as may be f= ixed by the agency with reference to the value of the time employed and the degr= ee of learning or skill required.

(c)   Whenev= er any person summoned under this Section neglects or refuses to obey such summons= , or to produce books, papers, records, or other data, or to give testimony, as required, the agency may apply to the judge of the district court for the district within which the person so summoned resides or is found, for an attachment against him as for a contempt. It shall be the duty of the judge= to hear the application, and, if satisfactory proof is made, to issue an attachment, directed to some proper officer, for the arrest of such person,= and upon his being brought before him, to proceed to a hearing of the case; and upon such hearing, the judge shall have power to make such order as he shall deem proper, not inconsistent with the law for the punishment of contempts,= to enforce obedience to the requirements of the summons and to punish such per= son for his default or disobedience.

(6) The agency or= a subordinate presiding officer or any party to a proceeding before it may ta= ke the depositions of witnesses, within or without the state and may conduct discovery in all manners as provided by law in civil actions. Depositions so taken and admissions, responses, and evidence produced pursuant to discovery shall be admissible in any proceeding affected by this Chapter. The admissi= on of such depositions, admissions, responses, and evidence may be objected to= at the time of hearing and may be received in evidence or excluded from the evidence by the agency or presiding officer in accordance with the rules of evidence provided in this Chapter.

(7) Repealed by A= cts 1995, No. 760, = 2, eff. June 27, 1995.

(8)(a)   Reco= rds and documents, in the possession of any agency or of any officer or employee thereof including any written conclusions drawn therefrom, which are deemed confidential and privileged shall not be made available for adjudication proceedings of that agency and shall not be subject to subpoena by any pers= on or other state or federal agency.

(b) Such records= or documents shall only include any private contracts, geological and geophysi= cal information and data, trade secrets and commercial or financial data, which= are obtained by an agency through a voluntary agreement between the agency and = any person, which said records and documents are designated as confidential and privileged by the parties when obtained, or records and documents which are specifically exempt from disclosure by statute.

(c)   Any vi= olation of this prohibition shall be a waiver of governmental immunity from suit for damage resulting from any such disclosure.

(d) Notwithstand= ing the provisions of Subparagraphs (a) and (c) of this Paragraph the state boards = and agencies identified in R.S. 13:3715.1(J) may make available and use records= and documents, including any written conclusions drawn therefrom, which are otherwise deemed confidential or privileged and which are in the possession= of such board or agency or any officer, employee, or agent thereof, or any att= orney acting on its behalf in any adjudication proceedings of such agency, provid= ed that in any case involving medical or patient records, the identity of any patient shall be maintained in confidence. Any such records shall be altere= d so as to prevent the disclosure of the identity of the patient to whom such records or testimony relates. Disclosure by such board or agency or any officer, employee, agent, or attorney acting on behalf of any of them, of a= ny material otherwise deemed privileged or confidential under state law, which= is made in response to a federal subpoena, shall not constitute a waiver of governmental immunity from suit for damages resulting from such disclosure. Such boards and agencies, including their officers, employees, agents, and attorneys, shall nevertheless assert any privilege which is recognized and applicable under federal law when responding to any such federal subpoena.<= /p>
Acts 1966, No. 382, §6, eff. July 1, 1967. Amended = by Acts 1976, No. 524, §1, eff. Aug. 5, 1976; Acts 1989, No. 156, §1; Acts 1995, No. 760, §§1, 2, eff. June 27, 1995; Acts 1999, No. 41= 6, §1; Acts 1999, No. 765, §1.

§956.1. Administrative proceedings; member of= the legislature or personnel as witness

An application for an order compelling discovery to a member o= f the legislature in his capacity as a state lawmaker, or a legislative employee = in his official capacity, when the legislature or either body thereof is not a party to the proceeding may be made to the agency in which the action is pending, but no order compelling discovery shall issue except in strict conformity with the provisions of R.S. 13:3667.3(D). For the purposes= of this Section "legislative employee" shall mean the clerk of the H= ouse of Representatives, the secretary of the Senate, or an employee of the Hous= e of Representatives, the Senate, or the Legislative Bureau.

Acts 2006, No. 690, §4, eff. June 29, 2006; Acts 20= 08, No. 374, §4, eff. June 21, 2008.

§957.  &n= bsp; Examination of Evidence by Agency

When in an adjudication proceeding a majority of the officials= of the agency who are to render the final decision have not heard the case or = read the record, or the proposed order is not prepared by a member of the agency, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made final until a proposed order is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who a= re to render the decision. The proposed order shall be accompanied by a statem= ent of the reasons therefor and of the disposition of each issue of fact or law necessary to the proposed order, prepared by the person who conducted the hearing or by one who has read the record. No sanction shall be imposed or order be issued except upon consideration of the whole record and as suppor= ted by and in accordance with the reliable, probative, and substantial evidence. The parties by written stipulation may waive, and the agency in the event t= here is no contest may eliminate, compliance with this Section.

Acts 1966, No. 382, §7, eff. July 1, 1967.

§958.  &n= bsp; Decisions and Orders

A final decision or order adverse to a party in an adjudication proceeding shall be in writing or stated in the record. A final decision sh= all include findings of fact and conclusions of law. Findings of fact, if set f= orth in statutory language, shall be accompanied by a concise and explicit state= ment of the underlying facts supporting the findings. If, in accordance with age= ncy rules, a party submitted proposed findings of fact, the decision shall incl= ude a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any decision or order. Upon request, a copy of the decision or order shall be delivered or mailed forthwith to each party and = to his attorney of record. The parties by written stipulation may waive, and t= he agency in the event there is no contest may eliminate, compliance with this Section.

Acts 1966, No. 382, §1, eff. July 1, 1967.

§959.  &n= bsp; Rehearings

A.   A decisi= on or order in a case of adjudication shall be subject to rehearing, reopening, or reconsideration by the agency, within ten days from the date of its entry. = The grounds for such action shall be either that:

(1) The decision = or order is clearly contrary to the law and the evidence;

(2) The party has discovered since the hearing evidence important to the issues which he could not have with due diligence obtained before or during the hearing;

(3) There is a sh= owing that issues not previously considered ought to be examined in order properl= y to dispose of the matter; or

(4) There is othe= r good ground for further consideration of the issues and the evidence in the publ= ic interest.

B.   The peti= tion of a party for rehearing, reconsideration, or review, and the order of the age= ncy granting it, shall set forth the grounds which justify such action. Nothing= in this Section shall prevent rehearing, reopening or reconsideration of a mat= ter by any agency in accordance with other statutory provisions applicable to s= uch agency, or, at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence. On reconsideration, reopening, or rehearing, the matter may be he= ard by the agency, or it may be referred to a subordinate deciding officer. The hearing shall be confined to those grounds upon which the reconsideration, reopening, or rehearing was ordered. If an application for rehearing shall = be timely filed, the period within which judicial review, under the applicable statute, must be sought, shall run from the final disposition of such application.

Acts 1966, No. 382, §9, eff. July 1, 1967.

§960.  &n= bsp; Ex parte Consultations and Recusations

A.   Unless r= equired for the disposition of ex parte matters authorized by law, members or emplo= yees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a case of adjudication noticed and docketed for heari= ng shall not communicate, directly or indirectly, in connection with any issue= of fact or law, with any party or his representative, or with any officer, employee, or agent engaged in the performance of investigative, prosecuting= , or advocating functions, except upon notice and opportunity for all parties to participate.

B.   A subord= inate deciding officer or agency member shall withdraw from any adjudicative proceeding in which he cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of a subordinate deciding officer or agency member, on the ground of his inability to give a fair and impartial hearing, by filing an affidavit, promptly upon discovery= of the alleged disqualification, stating with particularity the grounds upon w= hich it is claimed that a fair and impartial hearing cannot be accorded. The iss= ue shall be determined promptly by the agency, or, if it affects a member or members of the agency, by the remaining members thereof, if a quorum. Upon = the entry of an order of disqualification affecting a subordinate deciding offi= cer, the agency shall assign another in his stead or shall conduct the hearing itself. Upon the disqualification of a member of an agency, the governor immediately shall appoint a member pro tem to sit in place of the disqualif= ied member in that proceeding. In further action, after the disqualification of= a member of an agency, the provisions of R.S. 49:957 shall apply.

Acts 1966, No. 382, §10, eff. July 1, 1967.

§961.  &n= bsp; Licenses

A.   When the= grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this Chapter concerning adjudica= tion shall apply.

B.   When a l= icensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the exis= ting license shall not expire until the application has been finally determined = by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order = or a later date fixed by order of the reviewing court.

C.   No revoc= ation, suspension, annulment, or withdrawal of any license is lawful unless, prior= to the institution of agency proceedings, the agency gives notice by mail to t= he licensee of facts or conduct which warrant the intended action, and the licensee is given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that pub= lic health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

Acts 1966, No. 382, §11, eff. July 1, 1967.

§962.  &n= bsp; Declaratory Orders and Rulings

Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory orders and rulings as to the applicability of any statutory provision or of any rule or order of the age= ncy. Declaratory orders and rulings shall have the same status as agency decisio= ns or orders in adjudicated cases.

Acts 1966, No. 382, §12, eff. July 1, 1967; Acts 19= 95, No. 947, §6, eff. Jan. 1, 1996.

§962.1. Judicial Review, Rule to Show Cause for Permit Applicants

A.   If the s= ecretary does not grant or deny a permit, license, registration, variance, or compli= ance schedule for which the applicant had applied within the time period as prov= ided for in R.S. 30:26 and 2022(C), R.S. 49:214.30(C)(2), and R.S. 56:6(26), the applicant has the authority, on motion in a court of competent jurisdiction= , to take a rule on the secretary to show cause in not less than two nor more th= an thirty days, exclusive of holidays, why the applicant should not be granted= the permit, license, registration, variance, or compliance schedule for which t= he applicant had applied. The rule may be tried out of term and in chambers.
B.   In any t= rial or hearing on the rule, the applicant shall be entitled to a presumption that = the facts as stated in the affidavit of the applicant, which shall be attached = to the rule are true. The rule of the applicant shall be denied by the court o= nly if the secretary provides clear and convincing evidence of an unavoidable c= ause for the delay. However, in denying the rule, the court shall decree that the secretary shall grant or deny the application within a time set by the cour= t, or the application shall be granted without further action of the secretary= or the court.

C.   If the r= ule is made absolute, the order rendered thereon shall be considered a judgment in favor of the applicant granting the applicant the permit, license, registration, variance, or compliance schedule for which the applicant had applied.

D.   The prov= isions of Subsections A, B, and C of this Section shall not apply to permit applications submitted under the Louisiana Pollutant Discharge Elimination System (LPDES) program under the Louisiana Department of Environmental Qual= ity.

Acts 1991, No. 828, §2; Acts 1995, No. 601, §2= .

§963.  &n= bsp; Judicial Review of Validity or Applicability of Rules

A.(1)    &= nbsp; The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of the parish in which the agenc= y is located.

(2) The agency sh= all be made a party to the action.

B.(1)    &= nbsp; If, before the date set for hearing, application is made to the court for leave= to present additional evidence, and it is shown to the satisfaction of the cou= rt that the additional evidence is material and that there were good reasons f= or failure to present it in the proceeding before the agency, the court may or= der that the additional evidence be taken before the agency upon conditions determined by the court.

(2) The agency ma= y modify its findings and decision by reason of the additional evidence and shall fi= le that evidence and any modifications, new findings, or decisions with the reviewing court.

C.   The cour= t shall declare the rule invalid or inapplicable if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency = or was adopted without substantial compliance with required rulemaking procedu= res.

D.   An actio= n for a declaratory judgment under this Section may be brought only after the plain= tiff has requested the agency to pass upon the validity or applicability of the = rule in question and only upon a showing that review of the validity and applicability of the rule in conjunction with review of a final agency deci= sion in a contested adjudicated case would not provide an adequate remedy and wo= uld inflict irreparable injury.

E.    Up= on a determination by the court that any statement, guide, requirement, circular, directive, explanation, interpretation, guideline, or similar measure constitutes a rule as defined by R.S. 49:951(6) and that such measure has n= ot been properly adopted and promulgated pursuant to this Chapter, the court s= hall declare the measure invalid and inapplicable. It shall not be necessary that all administrative remedies be exhausted.

Acts 1966, No. 382, §13, eff. July 1, 1967; Acts 19= 91, No. 639, §1, eff. July 17, 1991; Acts 1997, No. 1043, §1, eff. Ju= ly 11, 1997.

§964.  &n= bsp; Judicial Review of Adjudication

A.(1)    &= nbsp; Except as provided in R.S. 15:1171 through 1177, a person who is aggrieved by a fi= nal decision or order in an adjudication proceeding is entitled to judicial rev= iew under this Chapter whether or not he has applied to the agency for rehearin= g, without limiting, however, utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision wou= ld not provide an adequate remedy and would inflict irreparable injury.

(2) No agency or = official thereof, or other person acting on behalf of an agency or official thereof shall be entitled to judicial review under this Chapter.

B.   Proceedi= ngs for review may be instituted by filing a petition in the district court of the parish in which the agency is located within thirty days after mailing of notice of the final decision by the agency or, if a rehearing is requested, within thirty days after the decision thereon. Copies of the petition shall= be served upon the agency and all parties of record.

C.   The fili= ng of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay ex parte upon appropriate terms, except as otherwise provided by Title 37 of the Louisiana Revised Statutes of 1950, relative to professions and occupations. The court may require that the stay be granted in accordance with the local rules of = the reviewing court pertaining to injunctive relief and the issuance of tempora= ry restraining orders.

D.   Within t= hirty days after the service of the petition, or within further time allowed by t= he court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record m= ay be taxed by the court for the additional costs. The court may require or pe= rmit subsequent corrections or additions to the record.

E.    If= , before the date set for hearing, application is made to the court for leave to pre= sent additional evidence, and it is shown to the satisfaction of the court that = the additional evidence is material and that there were good reasons for failur= e to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

F.    Th= e review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, = not shown in the record, proof thereon may be taken in the court. The court, up= on request, shall hear oral argument and receive written briefs.

G.    Th= e court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial ri= ghts of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

(1) In violation = of constitutional or statutory provisions;

(2) In excess of = the statutory authority of the agency;

(3) Made upon unl= awful procedure;

(4) Affected by o= ther error of law;

(5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or

(6) Not supported= and sustainable by a preponderance of evidence as determined by the reviewing court. In the application of this rule, the court shall make its own determination and conclusions of fact by a preponderance of evidence based = upon its own evaluation of the record reviewed in its entirety upon judicial rev= iew. In the application of the rule, where the agency has the opportunity to jud= ge the credibility of witnesses by first-hand observation of demeanor on the witness stand and the reviewing court does not, due regard shall be given to the agency's determination of credibility issues.

(7) In cases cove= red by R.S. 15:1171 through 1177, manifestly erroneous in view of the reliable, probative, and substantial evidence on the whole record. In the application= of the rule, where the agency has the opportunity to judge the credibility of witnesses by firsthand observation of demeanor on the witness stand and the reviewing court does not, due regard shall be given to the agency's determination of credibility issues.

Acts 1966, No. 382, §14, eff. July 1, 1967; Acts 19= 95, No. 1105, §1, eff. June 29, 1995; Acts 1997, No. 128, §1, eff. Ju= ne 12, 1997; Acts 1997, No. 1216, §2; Acts 1997, No. 1224, §1; H.C.R. No. 89, 1997 R.S., eff. June 2, 1997; Acts 1999, No. 1332, §1, eff. Ju= ly 12, 1999.

Note: see acts 1995, no. 1105, §2.

Note: see acts 1997, no. 128, §2 Relative to Applicability of Act.

Note: See Acts 1999, No. 1332, §2 relative to the remedial nature of Act.

§965.  &n= bsp; Appeals

An aggrieved party may obtain a review of any final judgment o= f the district court by appeal to the appropriate circuit court of appeal. The ap= peal shall be taken as in other civil cases.

Acts 1966, No. 382, §15, eff. July 1, 1967.

§965.1. Expenses of Administrative Proceedings; Right to Recover

A.   When a s= mall business files a petition seeking: (1) relief from the application or enforcement of an agency rule or regulation, (2) judicial review of the validity or applicability of an agency rule, (3) judicial review of an adve= rse declaratory order or ruling, or (4) judicial review of a final decision or order in an adjudication proceeding, the petition may include a claim again= st the agency for the recovery of reasonable litigation expenses. If the small business prevails and the court determines that the agency acted without substantial justification, the court may award such expenses, in addition to granting any other appropriate relief.

B.   A small = business shall be deemed to have prevailed in an action when, in the final dispositi= on, its position with respect to the agency rule or declaratory order or ruling= is maintained, or when there is no adjudication, stipulation, or acceptance of liability on its part. However, a small business shall not be deemed to have prevailed, if the action was commenced at the instance of, or on the basis = of a complaint by, anyone other than an officer, agent, or employee of the agency and was dismissed by the agency on a finding of no cause for the action or settled without a finding of fault on the part of the small business.

C.   An agenc= y shall pay any award made against it pursuant to this Section from funds in its regular operating budget and shall, at the time of its submission of its proposed annual budget, submit to the division of administration and to the presiding officer of each house of the legislature a report of all such awa= rds paid during the previous fiscal year.

D. As used in this Section:

(1) "Reasona= ble litigation expenses" means any expenses, not exceeding seven thousand = five hundred dollars in connection with any one claim, reasonably incurred in opposing or contesting the agency action, including costs and expenses incu= rred in both the administrative proceeding and the judicial proceeding, fees and expenses of expert or other witnesses, and attorney fees.

(2) "Small b= usiness" means a small business as defined by the Small Business Administration, whi= ch for purposes of size eligibility or other factors, meets the applicable criteria set forth in 13 Code of Federal Regulations, Part 121, as amended.=

Added by Acts 1982, No. 497, §1.

§965.2. Short title

R.S. 49:965.2 through 965.8 may be cited as the Regulatory Flexibility Act and are referred to therein as "this Act".

Acts 2008, No. 820, §1.

§965.3. Intent; legislative findings

A. It is the legislative intent and purpose of this Act = to improve state rulemaking by creating procedures to analyze the availability= of more flexible regulatory approaches for small businesses.

B. The legislature finds that:

(1) A vibrant and growing small business sector is criti= cal to creating jobs in a dynamic economy.

(2) Small businesses bear a disproportionate share of regulatory costs and burdens.

(3) Fundamental changes that are needed in the regulator= y and enforcement culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies.

(4) When adopting rules to protect the health, safety, a= nd economic welfare of Louisiana, state agencies should seek to achieve statut= ory goals as effectively and efficiently as possible without imposing unnecessa= ry burdens on small employers.

(5) Uniform regulatory and reporting requirements can im= pose unnecessary and disproportionately burdensome demands, including legal, accounting, and consulting costs upon small businesses with limited resourc= es.

(6) The failure to recognize differences in the scale and resources of regulated businesses can adversely affect competition in the marketplace, discourage innovation, and restrict improvements in productivi= ty.

(7) Unnecessary regulations create entry barriers in many industries and discourage potential entrepreneurs from introducing benefici= al products and processes.

(8) The practice of treating all regulated businesses as equivalent may lead to inefficient use of regulatory agency resources, enforcement problems, and, in some cases, to actions inconsistent with the legislative intent of health, safety, environmental, and economic welfare legislation.

(9) Alternative regulatory approaches which do not confl= ict with the stated objective of applicable statutes may be available to minimi= ze the significant economic impact of rules on small businesses.

(10) The process by which state regulations are develope= d and adopted should be reformed to require agencies to solicit the ideas and com= ments of small businesses, to examine the impact of proposed and existing rules on such businesses, and to review the continued need for existing rules.

C. Nothing in the Regulatory Flexibility Act shall be interpreted or construed to limit the ability of an agency to propose rules= .

Acts 2008, No. 820, §1.

§965.4. Defini= tions

The following words or terms as used in this Act shall have the following meanings unless a different meaning appears from the context:

(1) "Agency" means each state board, commissio= n, department, agency, officer, or other entity which makes rules, regulations= , or policy, or formulates, or issues decisions or orders pursuant to, or as directed by, or in implementation, of the constitution or laws of the United States or the constitution and statutes of Louisiana, except the legislatur= e or any branch, committee, or officer thereof, any political subdivision, as defined in Article VI, Section 44 of the Constitution of Louisiana, and any board, commission, department, agency, officer, or other entity thereof, and the courts.

(2) "Proposed rule" means a proposal by an age= ncy for a new rule or for a change in, addition to, or repeal of an existing ru= le.

(3) "Rule" means each agency statement, guide,= or requirement for conduct or action, exclusive of those regulating only the internal management of the agency and those purporting to adopt, increase, = or decrease any fees imposed on the affairs, actions, or persons regulated by = the agency, which has general applicability and the effect of implementing or interpreting substantive law or policy, or which prescribes the procedure or practice requirements of the agency. "Rule" includes but is= not limited to any provision for fines, prices or penalties, the attainment or = loss of preferential status, and the criteria or qualifications for licensure or certification by an agency. A rule may be of general applicability ev= en though it may not apply to the entire state, provided its form is general a= nd it is capable of being applied to every member of an identifiable class. The term includes the amendment or repeal of an existing rule but does not include declaratory rulings or orders or any fees.

(4) "Small business" means a business that is domiciled in this state, employs one hundred or fewer full-time employees, = and meets at least one of the following conditions:

(a) Gross annual sales are less than ten million dollar= s.

(b) Total net worth of the business is less than two mi= llion dollars.

Acts 2008, No. 820, §1; Acts 2010, No. 861, §2= 1.

§965.5. Economic impact statements

Prior to the adoption of any proposed rule on or after July 1,= 2009, that may have an adverse impact on small businesses, each agency shall prep= are an economic impact statement that includes the following:

(1) An identification and estimate of the number of the = small businesses subject to the proposed rule.

(2) The projected reporting, record keeping, and other administrative costs required for compliance with the proposed rule, includ= ing the type of professional skills necessary for preparation of the report or record.

(3) A statement of the probable effect on impacted small businesses.

(4) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule.

Acts 2008, No. 820, §1.

§965.6. Regulatory flexibility analysis

A. Prior to the adoption of any proposed rule on or afte= r July 1, 2009, each agency shall prepare a regulatory flexibility analysis in whi= ch the agency shall, where consistent with health, safety, environmental, and economic welfare, consider utilizing regulatory methods that will accomplish the objectives of applicable statutes while minimizing adverse impact on sm= all businesses. The agency shall consider, without limitation, each of the following methods of reducing the impact of the proposed rule on small businesses:

(1) The establishment of less stringent compliance or reporting requirements for small businesses.

(2) The establishment of less stringent schedules or dea= dlines for compliance or reporting requirements for small businesses.

(3) The consolidation or simplification of compliance or reporting requirements for small businesses.

(4) The establishment of performance standards for small businesses to replace design or operational standards required in the propo= sed rule.

(5) The exemption of small businesses from all or any pa= rt of the requirements contained in the proposed rule.

B. Prior to the adoption of any proposed rule by an agen= cy which according to the economic impact statement required by R.S. 49:965.5 = and the results of the regulatory flexibility analysis required by R.S. 49:965.6 would have an adverse impact on small businesses, the agency shall notify t= he Department of Economic Development of its intent to adopt the proposed rule= .

Acts 2008, No. 820, §1.

§965.7. Conflicts of law

Nothing in the Regulatory Flexibility Act shall be construed to conflict with or supersede any applicable federal law, rule, or regulation.=

Acts 2008, No. 820, §1.

§965.8. Notification

The Department of Economic Development shall send notification= of the intent of an agency to adopt, amend, or repeal any rule which would aff= ect small businesses as indicated by the economic impact statement or regulatory flexibility analysis required by this Act to each person who has made a tim= ely request of the department for such notice. The notification shall be = sent at the earliest possible date, and in no case later than ten days after the date an agency notifies the Department of Economic Development of such a pr= oposed rule as required by R.S. 49:965.6.

Acts 2008, No. 820, §1.

§966.  &n= bsp; Construction and effect; judicial cognizance

A.   Nothing = in this Chapter shall be held to diminish the constitutional rights of any person o= r to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Notwithstanding the foregoing, and except as provided in R.S. 49:967, any and all statutory requirements regarding the adoption or promulgation of rules other than those contained in Sections 953, 954, 954.1 and 968 of this Title are hereby superseded by the provisions of this Chapt= er and are repealed. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons. Every agency is granted all authority necessary to comply with= the requirements of this Chapter through the issuance of rules or otherwise.

B.   If any p= rovision of this Chapter or the application thereof is held invalid, the remainder of this Chapter or other applications of such provision shall not be affected.= No subsequent legislation shall be held to supersede or modify the provisions = of this Chapter except to the extent that such legislation shall do so express= ly.

C.   The cour= ts of this state shall take judicial cognizance of rules promulgated in the State Register under the provisions of this Chapter.

D.   Repealed= by Acts 1978, No. 252, §3.

Acts 1966, No. 382, §16, eff. July 1, 1967. Amended= by Acts 1979, No. 578, §§1, 2, eff. July 18, 1979.
§967.  &n= bsp; Exemptions from Provisions of Chapter

A. Chapter 13 of Title 49 of the Louisiana Revised Statu= tes of 1950 shall not be applicable to the Board of Tax Appeals, the Department of Revenue, with the exception of the Louisiana Tax Commission that shall cont= inue to be governed by this Chapter in its entirety, unless otherwise specifical= ly provided by law, and the administrator of the Louisiana Employment Security Law; however, the provisions of R.S. 49:951(2), (4), (5), (6), and (7= ), 952, 953, 954, 954.1, 968, 969, and 970 shall be applicable to such board, department, and administrator.

B.(1) The provisions of R.S. 49:968(F) and 970 shall not= be applicable to any rule promulgated by the State Civil Service Commission or= the Public Service Commission.

(2) The provisions of this Chapter shall not be applicab= le to entities created as provided in Part V of Chapter 6 of Title 34 of the Louisiana Revised Statutes of 1950.

C. The provisions of R.S. 49:963, 964, and 965 shall not= be applicable to any rule, regulation, or order of any agency subject to a rig= ht of review under the provisions of R.S. 30:12.

D. Repealed by Acts 2010, No. 777, §3.

E. The provisions of R.S. 49:963, 964, and 965 shall not= apply to any rule, regulation, or policy and procedure statements issued by or for the Department of Public Safety and Corrections, corrections services, concerning:

(1) The internal management and daily operations of a correctional institute, probation and parole district office, or headquarte= rs function.

(2) General law statements that are substantially repeti= tions of state or federal law.

(3) The implementation and processes for carrying out a court-ordered sentence of death and any and all matters related to the regulations for the sentence of death.

F. The provisions of R.S. 49:963, 964, and 965 shall app= ly only to the regulations and policies of the Department of Public Safety and Corrections, corrections services, that affect the substantial rights of, or administrative remedies available to, the public or any offender incarcerat= ed in a state correctional facility or local jail facility.

Acts 1983, No. 409, §2. Acts 1984, No. 244, §1; Acts 1985, No. 869, §1, eff. July 23, 1985; Acts 1986, No. 49= 4, §1; Acts 1990, No. 248, §1; Acts 1992, No. 53, §1; Acts 1997, No. 1172, §9, eff. June 30, 1997; Acts 1997, No. 1484, §1, eff. J= uly 16, 1997; Acts 2010, No. 777, §3; Acts 2010, No. 889, §2.

§967.1. Application of Chapter to rules and f= ees

A.(1) The legislature recognizes that it is essential to= the operation of a democratic government that prior to the adoption, amendment,= or repeal of any rule or the adoption, increasing, or decreasing of any fee, t= hat the provisions of this Chapter be followed, except as otherwise specifically excepted, exempted, or limited by law.

(2) The legislature further recognizes that it is essent= ial to the operation of a democratic government that the people be made aware of a= ll exceptions, exemptions, and limitations to this Chapter. In order to foster= the people's awareness, the legislature declares that all exceptions, exemption= s, and limitations to this Chapter pertaining to the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee be cited or provided for in this Chapter or the Constitution of Louisiana.

B. The legislature further recognizes that there exist specific exceptions, exemptions, and limitations to the laws pertaining to = the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee throughout the revised statutes and codes of this sta= te. Such exceptions, exemptions, and limitations are hereby continued in effect by incorporation into this Chapter by citation:

(1) R.S. 6:121.1(A), 121.3(A), 969.34, and 1092(F).

(2) R.S. 9:3552(C), 3556.2(A), and 3561(D)(2).

(3) R.S. 13:4202(B)(2).

(4) R.S. 18:1511.2(B).

(5) R.S. 22:1260.10(B).

(6) R.S. 27:220(C).

(7) R.S. 29:788(C).

(8) R.S. 30:4(I)(5), 918(B), and 925(A)(2) and (D).

(9) R.S. 37:1806.1(B) and 3012(B)(1).

(10) R.S. 40:5.3(B), 406(B)(1), and 600.6(A)(4)(b).

(11) R.S. 49:258(1).

(12) R.S. 51:1285(A), 1929.1(A), 2389.1(A), and 3090.

(13) R.S. 56:319(D), and 2014.

C. The legislature further recognizes that there exist provisions of law which authorize an agency to adopt, increase, or decrease= a fee without specifically providing that such action shall be taken in accordance with this Chapter. Any action taken pursuant to such authorization shall be in accordance with this Chapter, unless it is specifically otherwise excepted, exempted, or limited in the Constitution of Louisiana or in law.

D. The provisions of this Chapter relative to fees shall= not be applicable to a higher education management board created by Article VII= I, Section 6, 7, or 7.1 of the Constitution of Louisiana.

Acts 2010, No. 775, §1, eff. June 30, 2010.

§968. Review of agency rules; fees

A. It is the declared purpose of this Section to provide= a procedure whereby the legislature may review the exercise of rule-making authority and the adoption, increasing, or decreasing of fees, extensions o= f the legislative lawmaking function, which it has delegated to state agencies.
B. Prior to the adoption, amendment, or repeal of any ru= le or the adoption, increasing, or decreasing of any fee, the agency shall submit= a report relative to such proposed rule change or fee adoption, increase, or decrease to the appropriate standing committees of the legislature and the presiding officers of the respective houses as provided in this Section. The report shall be so submitted on the same day the notice of the in= tended action is submitted to the Louisiana Register for publication in accordance with R.S. 49:953(A)(1). The report shall be submitted to each standing committee at the committee's office in the state capitol by certified mail = with return receipt requested or by messenger who shall provide a receipt for signature. The return receipt or the messenger's receipt shall be pro= of of receipt of the report by the committee.

(1) The Department of Economic Development, all of the agencies made a part of it, and those agencies transferred to or placed wit= hin the office of the governor pursuant to R.S. 36:4.1 shall submit the report = to the House Committee on Commerce and the Senate Committee on Commerce, Consu= mer Protection, and International Affairs.

(2) Corrections services of the Department of Public Saf= ety and Corrections and all the agencies of the department related to correctio= ns and concealed weapons and concealed weapon permits, except as otherwise provided in this Subsection, the Louisiana State Board of Private Security Examiners, and the gaming enforcement section of the office of state police within the Department of Public Safety and Corrections shall submit all rep= orts other than reports on proposed rule changes affecting prison enterprise programs, to the House Committee on Administration of Criminal Justice and = the Senate Committee on Judiciary, Section C; however, the Crime Victims Repara= tion Board shall submit the report to the House Committee on the Judiciary and t= he Senate Committee on the Judiciary, Section B.

(3) The Department of Culture, Recreation and Tourism an= d all of the agencies made a part of it, except as otherwise provided in this Paragraph, shall submit the report to the House Committee on Municipal, Parochial and Cultural Affairs and the Senate Committee on Commerce, Consum= er Protection, and International Affairs.

(a) The office of the state library, the office of the = state museum, the State Board of Library Examiners, the Louisiana Archaeological Survey and Antiquities Commission, the Board of Directors of the Louisiana State Museum, the Board of Commissioners of the State Library of Louisiana,= the Louisiana State Arts Council, the Louisiana State Capitol Fiftieth Annivers= ary Commission, and the Louisiana National Register Review Committee shall subm= it the report to the House Committee on Municipal, Parochial and Cultural Affa= irs and the Senate Committee on Education.

(b) The office of state parks and the State Parks and Recreation Commission shall submit the report to the House Committee on Municipal, Parochial and Cultural Affairs and the Senate Committee on Natur= al Resources.

(c) The office of tourism and promotion, the Louisiana Tourist Development Commission, and the Mississippi River Road Commission s= hall submit the report to the House Committee on Commerce and the Senate Committ= ee on Commerce, Consumer Protection, and International Affairs.

(4) The Department of State and all of the agencies made= a part of it shall submit a report to the House Committee on House and Govern= mental Affairs and the Senate Committee on Senate and Governmental Affairs.

(5) The Louisiana Workforce Commission and all of the ag= encies made a part of it shall submit the report to the House Committee on Labor a= nd Industrial Relations and the Senate Committee on Labor and Industrial Relations.

(6) The Department of Transportation and Development and= all of the agencies made a part of it shall submit the report, to the House Committee on Transportation, Highways and Public Works and the Senate Commi= ttee on Transportation, Highways and Public Works. The department shall al= so submit to the standing committees any policies or priorities developed for = the expenditure or distribution of any monies from the Transportation Trust Fun= d as created by Article VII, Section 27 of the Constitution of Louisiana. = The policies and priorities shall be submitted for review purposes only.

(7) Repealed by Acts 2001, No. 451, §5, eff. Jan. 1= 2, 2004.

(8) The Department of Justice and all of the agencies ma= de a part of it shall submit the report to the House Committee on the Judiciary = and the Senate Committee on the Judiciary, Section C.

(9) The Department of Civil Service and all of the agenc= ies made a part of it shall submit the report to the House Committee on House a= nd Governmental Affairs and the Senate Committee on Senate and Governmental Affairs.

(10) The Department of Revenue and all of the agencies m= ade a part of it, except as otherwise provided in this Paragraph, shall submit the report to the House Committee on Ways and Means and the Senate Committee on Revenue and Fiscal Affairs; however, the office of charitable gaming shall submit the report to the House Committee on Administration of Criminal Just= ice and the Senate Committee on Judiciary, Section B.

(11) The Department of Natural Resources and all of the agencies made a part of it shall submit the report to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources. However, for exercises of the commissioner of conservation= 's rulemaking authority pursuant to Chapter 13-A-1 of Title 38 of the Louisiana Revised Statutes of 1950, the department shall submit the report to the Hou= se Committee on Natural Resources and Environment and the Senate Committee on Environmental Quality.

(12) Public Safety Services of the Department of Public = Safety and Corrections and all the agencies of the department related to public safety, except as otherwise provided in this Subsection, shall submit the report to the House Committee on the Judiciary and the Senate Committee on = the Judiciary, Section B; however, the office of motor vehicles shall submit the report to the House Committee on Transportation, Highways and Public Works = and the Senate Committee on the Judiciary, Section B; however, the office of the state fire marshal, code enforcement and building safety, shall submit the report to the House Committee on Commerce and the Senate Committee on Comme= rce, Consumer Protection and International Affairs.

(13) The Wildlife and Fisheries Commission and the Depar= tment of Wildlife and Fisheries and all of the agencies made a part of it shall submit the report to the House Committee on Natural Resources and Environme= nt and the Senate Committee on Natural Resources.

(14) The Department of Insurance and all of the agencies= made a part of it shall submit the report to the House Committee on Insurance and the Senate Committee on Insurance.

(15)(a) The Department of the Treasury and all of the ag= encies made a part of it, except as otherwise provided in this Paragraph, shall su= bmit the report to the House Committee on Appropriations and the Senate Committe= e on Finance.

(b) Each retirement system made a part of the Departmen= t of the Treasury shall submit the report to the House Committee on Retirement a= nd the Senate Committee on Retirement.

(16) The Department of Health and Hospitals and all of t= he agencies made a part of it shall submit the report to the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.

(17) The Department of Children and Family Services and = all of the agencies made a part of it shall submit the report to the House Committ= ee on Health and Welfare and the Senate Committee on Health and Welfare.

(18) The Department of Agriculture and Forestry and all = of the agencies made a part of it shall submit all reports, and the Department of Public Safety and Corrections and all the agencies made a part of it shall submit reports on proposed rule changes affecting prison enterprise program= s to the House Committee on Agriculture, Forestry, Aquaculture and Rural Develop= ment and the Senate Committee on Agriculture, Forestry, Aquaculture and Rural Development.

(19) The Department of Education and all of the agencies= made a part of it shall submit the report to the House Committee on Education and the Senate Committee on Education.

(20) The Department of Public Service and all of the age= ncies made a part of it shall submit the report to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs.

(21)(a) Except as provided in Paragraph (1) of this Subsection, the office of the governor and the office of the lieutenant governor and all of the agencies within or part of either and any other age= ncy for which provisions are not otherwise made in this Subsection, shall submit the report to the speaker of the House of Representatives and the president= of the Senate, except that executive orders duly issued by the governor and attested to by the secretary of state are exempt from the provisions of this Chapter. The speaker of the House of Representatives and the presiden= t of the Senate shall promptly forward the report to the appropriate standing committee of their respective houses.

(b) The Louisiana Workforce Investment Council shall su= bmit the report to the House Committee on Labor and Industrial Relations and the Senate Committee on Labor and Industrial Relations.

(c) The Office of Group Benefits shall submit the repor= t to the House Committee on Appropriations and the Senate Committee on Finance.<= /p>
(22) The Department of Environmental Quality and all of = the agencies made a part of it shall submit the report to the House Committee on Natural Resources and Environment and the Senate Committee on Environmental Quality.

(23) The Louisiana Sentencing Commission shall submit the report to the House Committee on the Administration of Criminal Justice and= the Senate Committee on the Judiciary, Section C.

(24) In addition to the submission of a report relative = to a proposed rule change or fee adoption, increase, or decrease by an agency to= the appropriate standing committee as specified in Paragraphs (1) through (23) = of this Subsection, whenever the fiscal impact of the rule or fee adoption, increase, or decrease, as indicated by the statement of fiscal impact requi= red by R.S. 49:968(C)(5), exceeds one million dollars, the report on the propos= ed rule change or fee adoption, increase, or decrease shall also be submitted = to the Senate Committee on Finance and the House Committee on Appropriations a= nd shall be subject to review by those committees in the same manner and to the same extent as the review of the standing committees provided for in Paragr= aphs (1) through (23) of this Subsection.

C. The report, as provided for in Subsection B of this Section, shall contain:

(1) A copy of the rule as it is proposed for adoption, amendment, or repeal and a statement of the amount of the fee to be adopted= or the amount of the proposed increase or decrease. The rule shall be co= ded with any new rule or language that is to be added to an existing agency rule underscored and any language that is to be deleted from an existing agency = rule in struck-through type.

(2) A statement of the proposed action, that is, whether= the rule is proposed for adoption, amendment, or repeal; a brief summary of the content of the rule if proposed for adoption or repeal; and a brief summary= of the change in the rule if proposed for amendment.

(3) The specific citation of the enabling legislation purporting to authorize the adoption, amending, or repeal of the rule or purporting to authorize the adoption, increasing, or decreasing of the fee.=

(4) A statement of the circumstances which require adopt= ion, amending, or repeal of the rule or the adoption, increasing, or decreasing = of the fee.

(5) A statement of the fiscal impact of the proposed act= ion and a statement of the economic impact of the proposed action, both approve= d by the Legislative Fiscal Office.

D.(1)(a) The chairman of each standing committee to whic= h reports are submitted shall appoint an oversight subcommittee, which may conduct hearings on all rules that are proposed for adoption, amendment, or repeal = and on all proposed fee adoptions, increases, or decreases. Any such hear= ing shall be conducted after any hearing is conducted by the agency pursuant to R.S. 49:953(A)(2).

(b) The agency shall submit a report to the subcommitte= e, in the same manner as the submittal of the report provided for in Subsection B= of this Section, which shall include:

     =        (i)     A summary of all testimony at any hearing conducted pursuant to R.S. 49:953(A)(2).

     =       (ii)     A summary of all comments received by the agency, a copy of the agency's response to the summarized comments, and a statement of any tentative or proposed action of= the agency resulting from oral or written comments received.

     =      (iii)     A revision of the proposed rule if any changes to the rule have been made since the report provided for in Subsection B of this Section was submitted, or a statement = that no changes have been made.

     =      (iv)     A concise stateme= nt of the principal reasons for and against adoption of any amendments or changes suggested.

(2)(a) Except as provided in Paragraph H(2) of this Sect= ion, any subcommittee hearing on a proposed rule shall be held no earlier than f= ive days and no later than thirty days following the day the report required by Subparagraph (1)(b) of this Subsection is received by the subcommittee.

(b) The oversight subcommittee may consist of the entire membership of the standing committee and shall consist of at least a majori= ty of the membership of the standing committee, at the discretion of the chair= man of the standing committee, with the concurrence of the speaker of the House= of Representatives or the president of the Senate. House and Senate oversight subcommittees may meet jointly or separately to conduct hearings = for purposes of rules review.

(3) At such hearings, the oversight subcommittees shall:=

(a) Determine whether the rule change or action on fees= is in conformity with the intent and scope of the enabling legislation purporting= to authorize the adoption thereof.

(b) Determine whether the rule change or action on fees= is in conformity and not contrary to all applicable provisions of law and of the constitution.

(c) Determine the advisability or relative merit of the= rule change or action on fees.

(d) Determine whether the rule change or action on fees= is acceptable or unacceptable to the oversight subcommittee.

E.(1)(a) Each such determination shall be made by the respective subcommittees of each house acting separately. Action by a subcommittee shall require the favorable vote of a majority of the members = of the subcommittee who are present and voting, provided a quorum is present.<= /p>
(b) No later than three weeks before the deadline for legislative oversight action, the chairman of the subcommittee may request,= by letter, the consent of the subcommittee members to have a mail ballot inste= ad of a meeting to consider a proposed rule or proposed fee action. If no objection is received within ten days of the chairman's request, the chairm= an shall cause a mail ballot to be sent to the members of the subcommittee. In order for the subcommittee to reject a proposed rule or proposed f= ee action, a majority of ballots returned to the chairman at least twenty-four hours prior to the deadline for legislative oversight action must disapprove the change. Any determination by the subcommittee shall be made within the period provided for oversight hearings in Paragraph D(2) of this Sectio= n.

(2) Failure of a subcommittee to conduct a hearing or to= make a determination regarding any rule proposed for adoption, amendment, or rep= eal shall not affect the validity of a rule otherwise adopted in compliance with this Chapter.

F.(1) If either the House or Senate oversight subcommitt= ee determines that a proposed rule change or proposed fee action is unacceptab= le, the respective subcommittee shall provide a written report which contains t= he following:

(a) A copy of the proposed rule or a statement of the a= mount of the proposed fee action.

(b) A summary of the determinations made by the subcomm= ittee in accordance with Subsections D and E of this Section.

(2) The written report shall be delivered to the governo= r, the agency proposing the rule change, and the Louisiana Register no later than = four days after the committee makes its determination.

G. After receipt of the report of the subcommittee, the governor shall have ten calendar days in which to disapprove the action tak= en by the subcommittee. If the action of the subcommittee is not disappr= oved by the governor within ten calendar days from the day the subcommittee repo= rt is delivered to him, the rule change shall not be adopted by the agency unt= il it has been changed or modified and subsequently found acceptable by the subcommittee, or has been approved by the standing committee, or by the legislature by concurrent resolution. If a proposed rule change is determined to be unacceptable by an oversight committee and such determinat= ion is not disapproved by the governor as provided in this Section, the agency shall not propose a rule change or emergency rule that is the same or substantially similar to such disapproved proposed rule change nor shall the agency adopt an emergency rule that is the same or substantially similar to such disapproved proposed rule change within four months after issuance of a written report by the subcommittee as provided in Subsection F of this Sect= ion nor more than once during the interim between regular sessions of the legis= lature.

H.(1) If both the House and Senate oversight subcommitte= es fail to find a proposed rule change unacceptable as provided herein, or if = the governor disapproves the action of an oversight subcommittee within the time provided in R.S. 49:968(G), the proposed rule change may be adopted by the agency in the identical form proposed by the agency or with technical chang= es or with changes suggested by the subcommittee, provided at least ninety days and no more than twelve months have elapsed since notice of intent was published in the State Register.

(2) Substantive changes to a rule proposed for adoption, amendment, or repeal occur if the nature of the proposed rule is altered or= if such changes affect additional or different substantive matters or issues n= ot included in the notice required by R.S. 49:953(A)(1). Whenever an age= ncy seeks to substantively change a proposed rule after notice of intent has be= en published in the Louisiana Register pursuant to R.S. 49:953(A)(1), the agen= cy shall hold a public hearing on the substantive changes preceded by an announcement of the hearing in the Louisiana Register. A notice of the hearing shall be mailed within ten days after the date the announcement is submitted to the Louisiana Register to all persons who have made request of= the agency for such notice. Any hearing by the agency pursuant to this Paragraph shall be held no earlier than thirty days after the publication of the announcement in the Louisiana Register. The agency hearing shall conform to R.S. 49:953(A)(2)(b), and a report on the hearing shall be made = to the oversight committees in accordance with Subparagraph D(1)(b) of this Section. The agency shall make available to interested persons a copy= of such report no later than one working day following the submittal of such report to the oversight committees. Any determination as to the rule = by the oversight committees, prior to gubernatorial review as provided in Subsection G of this Section, shall be made no earlier than five days and no later than thirty days following the day the report required by this Paragr= aph is received from the agency.

(3) If a rule or part of a rule that is severable from a larger rule or body of rules proposed as a unit is found unacceptable, the rules or parts thereof found acceptable may be adopted by the agency in accordance with Paragraph (1) of this Subsection.

I. If the governor disapproves the action of an oversight subcommittee, he shall state written reasons for his action and shall deliv= er a copy of his reasons to the House and Senate oversight subcommittees, the ag= ency proposing the rule change, and the State Register.

J. The State Register shall publish a copy of the written report of an oversight subcommittee and the written report of the governor = in disapproving any such action, or if unduly cumbersome, expensive, or otherw= ise inexpedient, a notice stating the general subject matter of the omitted rep= ort and stating how a copy thereof may be obtained.

K. Each year, thirty days prior to the beginning of the = regular session of the legislature, each agency which has proposed the adoption, amendment, or repeal of any rule or the adoption, increase, or decrease of = any fee during the previous year, shall submit a report to the appropriate committees as provided for in Subsection B of this Section. This repo= rt shall contain a statement of the action taken by the agency with respect to adoption, amendment, or repeal of each rule proposed for adoption, amendmen= t, or repeal and a report of the action taken by the agency with respect to any proposed fee adoption, increase, or decrease.

L. After submission of the report to the standing commit= tee, a public hearing may be held by the committee for the purpose of reviewing the report with representatives of the proposing agency.

M. No later than the second legislative day of the regul= ar session of the legislature, a standing committee to which proposed rule cha= nges or proposed fee changes are submitted may submit a report to the legislatur= e. This report shall contain a summary of all action taken by the commit= tee or the oversight subcommittee with respect to agency rules and fees during = the preceding twelve months. The report shall also contain any recommendations of the committee for statutory changes concerning the agenc= y, particularly in statutes authorizing the making and promulgation of rules a= nd fees of the agency.

N. A standing committee may, at any time, exercise the p= owers granted to an oversight subcommittee under the provisions of this Section.<= /p>
Acts 1990, No. 312, §1; Acts 1990, No. 938, §1= ; Acts 1990, No. 1085, §1, eff. July 31, 1990; Acts 1991, No. 21, §2, ef= f. June 14, 1991; Acts 1991, No. 938, §5; Acts 1992, No. 377, §4, ef= f. June 17, 1992; Acts 1992, No. 447, §3, eff. June 20, 1992; Acts 1993, = No. 119, §1; Acts 1993, No. 733, §1; Acts 1995, No. 1057, §1, ef= f. June 29, 1995 and Jan. 8, 1996 (1/8/96 date is applicable to Dept. of Health and Hospitals only); Acts 1996, 1st Ex. Sess., No. 36, §3, eff. May 7, 1996; Acts 1997, No. 1, §5, eff. April 30, 1997; Acts 1997, No. 1001, §1; Acts 1999, No. 568, §2, eff. June 30, 1999; Acts 2001, No. 8, §16, eff. July 1, 2001; Acts 2001, No. 9, §8, eff. July 1, 2001; = Acts 2001, No. 300, §3; Acts 2001, No. 451, §5, eff. Jan. 12, 2004; Ac= ts 2001, No. 1178, §7, eff. June 29, 2001; Acts 2003, No. 49, §3, ef= f. July 1, 2003; Acts 2003, No. 116, §3, eff. May 28, 2003; Acts 2003, No. 183, §7; Acts 2003, No. 358, §1; Acts 2003, No. 850, §3; Acts 2003, No. 1049, §1; Acts 2008, No. 580, §6; Acts 2008, No. 743, §4, eff. July 1, 2008; Acts 2010, No. 777, §1; Acts 2010, No. 861, §21; Acts 2010, No. 877, §3, eff. July 1, 2010.

§969.  &n= bsp; Legislative Veto, Amendment, or Suspension of Rules, Regulations, and Fees

In addition to the procedures provided in R.S. 49:968 for revi= ew of the exercise of the rulemaking authority delegated by the legislature to st= ate agencies, as defined by this Chapter, the legislature, by Concurrent Resolution, may suspend, amend, or repeal any rule or regulation or body of rules or regulations, or any fee or any increase, decrease, or repeal of any fee, adopted by a state department, agency, board, or commission. The Louis= iana Register shall publish a brief summary of any Concurrent Resolution adopted= by the legislature pursuant to this Section. Such summary shall be published n= ot later than forty-five days after signing of such Resolution by the presiding officers of the legislature.

Added by Acts 1980, No. 660, §1. Acts 1995, No. 110= 9, §1, eff. Oct. 1, 1995.

§970.  &n= bsp; Gubernatorial Suspension or Veto of Rules and Regulations

The governor, by executive order, may suspend or veto any rule= or regulation or body of rules or regulations adopted by a state department, agency, board or commission, except as provided in R.S. 49:967, within thir= ty days of their adoption. Upon the execution of such an order, the governor s= hall transmit copies thereof to the speaker of the House of Representatives and president of the Senate.

Added by Acts 1981, No. 453, §1.

§971.  &n= bsp; Rejection of Agency Fee Adoption, Increases, or Decreases; Prohibition Against Fee Increases and New Fees; Exceptions

A.(1)    &= nbsp; If either the House or Senate oversight subcommittees appointed pursuant to R.= S. 49:968 determines that a proposed fee adoption, increase, or decrease is unacceptable, the respective subcommittee shall provide a written report containing the reasons therefor to the governor, the agency proposing the f= ee adoption, increase, or decrease, and the other house of the legislature. If= the oversight subcommittee of the other house of the legislature likewise determines that the proposed fee adoption, increase, or decrease is unacceptable the fee action shall not be adopted by the agency.

(2) If a proposed= fee adoption, increase, or decrease is found unacceptable as provided in this Section, the agency shall not propose a fee or a fee change or an emergency= fee or an emergency fee change that is the same or substantially similar to the disapproved fee action nor shall the agency adopt an emergency fee or fee change that is the same or substantially similar to the disapproved fee act= ion within four months after issuance of the subcommittee report nor more than = once during the interim between regular sessions of the legislature.

(3) However, no s= tate agency which has the authority to impose or assess fees shall increase any = existing fee or impose any new fee unless the fee increase or fee adoption is expres= sly authorized pursuant to a fee schedule established by statute or specifically authorized by a federal law, rules, or regulations for the purpose of satisfying an express mandate of such federal law, rule, or regulation. No state agency shall adjust, modify or change the formula for any authorized = fee in a manner that would increase the fee paid by any person by more than five percent of the relevant fee paid by such person in the previous fiscal year. Proposed fee increases of less than five percent shall be subject to oversi= ght as required by R.S. 49:968.

(4)(a)   The provisions of Paragraph (3) of this Subsection shall not apply to any department which is constitutionally created and headed by an officer who is duly elected by a majority vote of the electorate of the state.

(b) The provisio= ns of Paragraph (3) of this Subsection shall not apply to any state professional = and occupational licensing boards.

B.   Action b= y a subcommittee shall require the favorable vote of a majority of the members = of the subcommittee who are present and voting, provided a quorum is present.<= /p>
Acts 1987, No. 240, §1; Acts 1995, No. 1005, §= 1, eff. Aug. 15, 1995; Acts 1995, No. 1057, §1, eff. June 29, 1995, and J= an. 8, 1996 (1/8/96 date is applicable to Dept. of Health and Hospitals only).<= o:p>

{{Note: See Acts 1987, NO. 240, §2.}}

§972.  &n= bsp; Family Impact statement; Issues to be Considered; Procedure; Penalty

A.   Prior to= the adoption and implementation of rules, each state agency shall consider and state in writing the impact of such rules on family formation, stability, a= nd autonomy. This written consideration shall be known as the "family imp= act statement".

B.   The fami= ly impact statement will consider and respond in writing to the following regarding the proposed rule:

(1) The effect on= the stability of the family.

(2) The effect on= the authority and rights of parents regarding the education and supervision of their children.

(3) The effect on= the functioning of the family.

(4) The effect on= family earnings and family budget.

(5) The effect on= the behavior and personal responsibility of children.

(6) The ability o= f the family or a local government to perform the function as contained in the proposed rule.

C.   All fami= ly impact statements must be in writing and kept on file in the state agency w= hich has adopted, amended, or repealed a rule in accordance with the applicable provisions of law relating to public records.

D.   For the = purposes of this Section, "family" shall mean a group of individuals relat= ed by blood, marriage, or adoption who live together as a single household.

Acts 1999, No. 1183, §1.

Chapter 13-A. Revision of Louisiana's Administrative Code

§981.  &n= bsp; Continuous Revision under Supervision of Division of Administration, Office of the Sta= te Register

The office of the state register, as the official entity to re= ceive, compute, index, and publish the Louisiana Register and Louisiana Administra= tive Code, shall direct and supervise the continuous revision, clarification, and coordination of the Louisiana Register and Louisiana Administrative Code in= a manner not inconsistent with the provisions of this Chapter.

Acts 1993, No. 379, §1.

§982.  &n= bsp; New Regulation; Incorporation in Louisiana Register and Louisiana Administrative Code; Resolution of Conflicting Rules

A.   Upon rec= eipt of any rules promulgated under the Administrative Procedure Act, the office of= the state register shall prepare the "Louisiana Register", containing= the rules to be promulgated in the Louisiana Administrative Code as they may ha= ve been amended or repromulgated and omitting therefrom those sections that ha= ve been repealed. There shall also be incorporated therein, in an appropriate place and classification, the text of all the new rules of a general and pu= blic nature, assigning to these rules an appropriate title, part, chapter, and section number, and indicating the statutory authority of the rules from wh= ich they are taken.

B.   When a c= onflict between two or more rules affecting the same subject matter in the same provision or regulation cannot be resolved for the purpose of incorporating= the text into the Louisiana Administrative Code, the office of the state regist= er shall so notify the secretary of the department or administrative officer c= harged with the promulgation of the rule prior to preparing the Louisiana Administrative Code. The secretary or administrative officer shall be notif= ied of the proposed correction. If no written disapproval of the secretary or administrative officer, or his designee, of the proposed correction is rece= ived by the office of the state register within seven days after the secretary or administrative officer receives the notice, the office of the state register shall then direct the printer to incorporate into the Louisiana Administrat= ive Code the text of the provision of the rule properly promulgated.

Acts 1993, No. 379, §1.

§983.  &n= bsp; Incorporation of Current Rules and Regulations Procedure

A.   In prepa= ring the Louisiana Register or the Louisiana Administrative Code as provided for in = R.S. 49:981, the office of the state register shall not alter the sense, meaning= , or effect of any rule properly promulgated under the Administrative Procedure = Act, but it may:

(1) Renumber and rearrange sections or parts of sections.

(2) Transfer sect= ions or divide sections so as to give to distinct subject matters a separate section number, but without changing the meaning.

(3) Insert or cha= nge the wording of headnotes.

(4) Change refere= nce numbers to agree with renumbered parts, chapters, or sections.

(5) Substitute th= e proper section, chapter, or part number for the terms "this part", "= ;the preceding section", and the like.

(6) Strike out fi= gures where they are merely a repetition of written words and vice-versa.

(7) Change capita= lization for the purpose of uniformity.

(8) Correct manif= est typographical and grammatical errors.

(9) Make any othe= r purely formal or clerical changes in keeping with the purpose of the revision.

B.   The offi= ce of the state register shall notify the secretary or administrative officer cha= rged with promulgation of the rule prior to making any proposed revision authori= zed by this Section. If no written disapproval of the secretary or administrati= ve officer, or his designee, of the proposed revision is received by the offic= e of the state register within seven days after the secretary or administrative officer receives the notice, the office of the state register shall proceed with the revision.

Acts 1993, No. 379, §1.

§984.  &n= bsp; Alphabetical or Numerical Sequence of Laws

A.   Whenever= a rule defines terms, enumerates provisions or items, or otherwise sets forth provisions of a rule in a numerical or alphabetical listing or sequence, and such provision, as promulgated, fails to establish or fails to maintain an = existing alphabetical or numerical sequence, the office of the state register, in preparing the Louisiana Register and the Louisiana Administrative Code as provided for by R.S. 49:983, shall rearrange and renumber or redesignate the provisions to the extent necessary to place all of them in consistent order= .

B.   The offi= ce of the state register shall notify the secretary or administrative officer cha= rged with promulgation of the rule prior to making any proposed revision authori= zed by this Section. If no written disapproval of the secretary or administrati= ve officer, or his designee, is received by the office of the state register within seven days after the secretary or administrative officer receives the notice, the office of the state register shall proceed with the revision. <= /p>
C.   This req= uirement is in addition to any other authority granted to the office of the state register in the preparation of the Louisiana Register or the Louisiana Administrative Code, particularly by R.S. 49:983.

Acts 1993, No. 379, §1.

§985.  &n= bsp; Submitting Copy to the Proper Party

A draft of the Louisiana Administrative Code prepared by the o= ffice of the state register shall be submitted to the appropriate secretary or administrative officer charged with the promulgation of any rule prior to transmittal to the printer.

Acts 1993, No. 379, §1.

§986.  &n= bsp; Filing of Copy with Commissioner of Administration; Certificate of Correctn= ess; Printing

Any edition of the Louisiana Administrative Code, or of any supplement thereto, prepared in the manner provided in R.S. 49:982 and 983, shall be certified by the office of the state register that each section therein has been compared with the original sections in the official copy of the Louisiana Register with the final provisions of the promulgated rules f= rom which the sections were derived, and that with the exception of the changes= of form permitted in R.S. 49:983, the sections are correct. The office of the state register shall order the printing of an edition sufficient in number = to supply the demand. When the edition has been printed, the office of the sta= te register shall affix to one copy of the printed edition the office of the s= tate register's original certificate and file the same for record in his office.= All other copies of the same edition may contain a printed facsimile of the office's certificate.

Acts 1993, No. 379, §1.

§987.  &n= bsp; Printing and Publication of Louisiana Register; Proof of Certified Edition

The office of the state register may enter into contracts with private publishers for the printing, publication, sale, and distribution of= any edition of the Louisiana Register and the Louisiana Administrative Code prepared by the office of the state register and certified by it pursuant to the provisions of this Chapter. Those editions so authorized by the office = of the state register and containing the printed facsimile of the office of the state register's certificate of correctness shall be admissible as prima fa= cie evidence of the rules contained therein.

Acts 1993, No. 379, §1.

Chapter 13-B. Division of Administrative Law

Part A. Administrative Law

§991.  &n= bsp; Creation of division of administrative law

The division of administrative law, hereafter referred to as "division", is created in the Department of State Civil Service.<= /p>
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 199= 7, No. 1162, §2, eff. July 1, 1998.

Note: See Acts 1995, no. 947, §8 and no. 739, §§3, 4.

§992.  &n= bsp; Applicability; exemptions; attorney fees; court costs
A.(1) Prior to October 1, 1996, the provisions of the Administrative Procedure Act shall apply to all adjudications as defined by that Act.

(2) On and after October 1, 1996, the division shall com= mence and handle all adjudications in the manner required by the Administrative Procedure Act provided that the provisions of that Act are not inconsistent with the provisions of this Chapter.

B.(1) Notwithstanding any other provision of the law to = the contrary except as provided by R.S. 49:967 and the provisions of this Secti= on, all adjudications shall be resolved exclusively as required by the provisio= ns of this Chapter and the Administrative Procedure Act.

(2) Except in the instance of adjudications initiated pu= rsuant to Items (D)(2)(b)(iii), (vi), and (vii) of this Section, in an adjudication commenced by the division, the administrative law judge shall issue the fin= al decision or order, whether or not on rehearing, and the agency shall have no authority to override such decision or order. Upon the issuance of su= ch a final decision or order, the agency or any official thereof shall comply fu= lly with the final order or decision of the administrative law judge.

(3) Nothing in this Section shall affect the right to or manner of judicial appeal in any adjudication, irrespective of whether or n= ot such adjudication is commenced by the division or by an agency. Howev= er, no agency or official thereof, or other person acting on behalf of an agenc= y or official thereof, shall be entitled to judicial review of a decision made pursuant to this Chapter.

C. The positions appointed by the director pursuant to t= his Chapter shall be in the classified service.

D.(1) Except as provided in Paragraphs (2) through (9) o= f this Subsection, the provisions of this Chapter shall apply to any board, commission, department, or agency of the executive branch of state governme= nt.

(2)(a) Except as otherwise provided in Subparagraph (b) = of this Paragraph, any board, commission, department, or agency which is requi= red, pursuant to a federal mandate and as a condition of federal funding, to con= duct or to render a final order in an adjudication proceeding shall be exempt fr= om the provisions of this Chapter to the extent of the federal mandate.

(b) This Subparagraph shall apply to the Department of = Health and Hospitals, the Department of Children and Family Services, the Departme= nt of Education, and any agency within these departments:

     =        (i)     If the department= or an agency within the department is prohibited, pursuant to a federal mandate o= r as a condition of federal funding, from delegating by contract or other means = its fair hearings function, then such fair hearings shall be exempt from the provisions of this Chapter to the extent of the federal mandate; however, if such federally mandated hearings function may be delegated by contract or o= ther means, the department or agency shall delegate such function to the divisio= n. If the department or agency claims a federal mandate exemption, the department or agency shall have the burden of proving such exemption.

     =       (ii)     If the department= or an agency within the department is prohibited, pursuant to a federal mandate o= r as a condition of federal funding, from delegating by contract or other means = both its fair hearings function and its authority to render a final decision or order in an adjudication proceeding, then such fair hearings and adjudicati= on proceedings shall be exempt from the provisions of this Chapter to the exte= nt of the federal mandate; however, if such federally mandated hearings functi= on and authority to render a final decision or order in an adjudication procee= ding may be delegated by contract or other means, the department or agency shall delegate such function and authority to the division. If the departme= nt or agency claims a federal mandate exemption, the department or agency shall have the burden of proving such exemption.

   (iii)(aa)<= span style=3D'mso-tab-count:1'>     If a department o= r an agency within the department may delegate its fair hearings function but is required by federal mandate to render the final decision or order in an adjudication proceeding, then in those cases, the division shall conduct the hearing and issue a recommended decision. The recommended decision sh= all be mailed or delivered to the head of the agency, who shall have, upon rece= ipt of the recommended decision, thirty-five days to reject, modify, or approve= the decision. If he rejects or modifies the recommended decision, he shall specify in writing the findings of fact or conclusions of law which are bei= ng rejected or modified which shall be considered to be the final decision or order in the adjudication proceeding. A copy of the department or agency's rejected or modified decision shall be forwarded to the division on the day it is issued. If the agency head does not reject or modify the recommended decision within thirty-five days, or if he approves the recomme= nded decision, then the recommended decision of the division shall be certified = as the final decision or order of the department or agency in the adjudication proceeding.

(bb) In Temporary Assistance for Needy Families (TANF) = cases, if the secretary of the Department of Children and Family Services approves, rejects, or modifies the recommended decision of the division, that approve= d, rejected, or modified decision shall be issued by the division as the final decision of the Department of Children and Family Services.

     =      (iv)     The provisions of= this Subparagraph shall not apply to any board which is exempt from this Chapter pursuant to Paragraph (5) of this Subsection or to any board or commission which chooses to continue to conduct hearings pursuant to Subsection G of t= his Section.

     =       (v)     The division shall adjudicate within seventy-two hours of receipt all stay requests related to involuntary discharges from nursing homes. The division shall adjudic= ate all appeals related to involuntary discharges from nursing homes within thi= rty days of receipt.

     =      (vi)     Notwithstanding a= ny provision of law to the contrary, an adjudication of a decision by the Department of Health and Hospitals to deny, suspend, or revoke the license = of an outpatient abortion facility, ambulatory surgical center, home health agency, hospital, or nursing home, pursuant to R.S. 40:2009.7, 2110, 2116.3= 7, 2141, or 2175.6 shall be heard by a three member panel of division of administrative law judges. This panel shall be deemed to meet the requireme= nts of a panel appointed by the secretary of the Department of Health and Hospitals. The three member panel shall issue a final decision or ord= er. The final decision or order shall be appealable to the district court= for the parish of East Baton Rouge.

     =     (vii)     The provisions of= this Subparagraph shall apply to hearings involving the Department of Education required under the Individuals with Disabilities Education Act, and the provisions of the Administrative Procedure Act shall not apply to these hea= rings. Hearings involving the Individuals with Disabilities Act shall procee= d in accordance with regulations promulgated by the Board of Elementary and Secondary Education. Only an administrative law judge who has received training on the federal and state statutes and regulations with respect to children with disabilities and on educational placements in Louisiana's sch= ool systems shall conduct hearings pursuant to this Item. Any party aggri= eved by the findings and decisions of the administrative law judge in hearings conducted pursuant to the Individuals with Disabilities Education Act, including local educational authorities, shall have a right to bring a civil action in state or federal court pursuant to federal law or regulation.

(3) The office of workers' compensation administration i= n the Louisiana Workforce Commission shall be exempt from the provisions of this Chapter.

(4) The office of regulatory services in the Louisiana Workforce Commission shall be exempt from this Chapter.

(5) State professional and occupational licensing boards= shall be exempt from the provisions of this Chapter.

(6) The Department of Agriculture and Forestry shall be = exempt from the provisions of this Chapter.

(7) All adjudications by the assistant secretary of the = office of conservation pursuant to Chapters 1 and 7 of Subtitle I of Title 30 of t= he Louisiana Revised Statutes of 1950, except determinations of violations of laws, rules, regulations, and orders, and determinations of penalties for s= uch violations, shall be exempt from the provisions of this Chapter.

(8) The Public Service Commission and any entity which b= y law has its adjudications handled by the Public Service Commission shall be exe= mpt from the provisions of this Chapter.

(9) Adjudications filed pursuant to R.S. 46:51.2 with the Department of Children and Family Services shall be exempt from the provisi= ons of this Chapter.

E. In the event that a person files a civil action to re= quire that a state department, division, office, agency, board, commission, or ot= her entity of state government conduct an adjudication as required by this Chap= ter and judgment is rendered in his favor, he shall be entitled to an award of reasonable attorney fees to be taxed as costs in the matter.

F. The provisions of this Chapter shall apply to all adjudications as defined in the Administrative Procedure Act pursuant to the Procurement Code.

G. Any board or commission authorized by law to conduct hearings may continue to hold such hearings.

H.(1) If an agency or official thereof, or other person = acting on behalf of an agency or official thereof, files a petition for judicial review of a final decision or order in an adjudication proceeding and such agency, official, or person does not prevail in the final disposition of &n= bsp;the judicial review, the agency shall be responsible for the payment of reasona= ble attorney fees and court costs of the other party.

(2) Notwithstanding any provision of R.S. 13:4521 to the contrary, an agency or official thereof, or other person acting on behalf o= f an agency or official thereof, which files a petition for judicial review of a final decision or order in an adjudication proceeding shall be required to = pay court costs.

(3) All payments for litigation expenses required by this Subsection shall be paid from the agency's regular operating budget. = Each agency which has paid such litigation expenses shall submit a detailed repo= rt of all such payments from the previous fiscal year to its legislative overs= ight committees and to the Joint Legislative Committee on the Budget no later th= an November fifteenth of each year.

Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 199= 7, No. 1172, §9, eff. June 30, 1997; Acts 1997, No. 1484, §1, eff. July = 16, 1997; Acts 1999, No. 1332, §1, eff. July 12, 1999; Acts 2001, No. 527, §1; Acts 2003, No. 956, §1, eff. July 1, 2003; Acts 2003, No. 127= 1, §1, eff. July 11, 2003; Acts 2005, No. 204, §1; Acts 2008, No. 74= 3, §7, eff. July 1, 2008; Acts 2009, No. 47, §2, eff. June 15, 2009; Acts 2010, No. 683, §1; Acts 2010, No. 877, §3, eff. July 1, 2010= .

NOTE: See Acts 1995, No. 947, §8.<= /i>

NOTE: See Acts 1999, No. 1332, §2 relative to= the remedial nature of Act.

NOTE: See Acts 2010, No. 683, §§2 and 3, relative to memorandums of understanding and transfers.

§993.  &n= bsp; Definitions; Rules

A.   The defi= nitions for terms as provided by R.S. 49:951 shall apply to such terms used in this Chapter.

B.   The divi= sion may promulgate rules according to the Administrative Procedure Act to insure compliance with the provisions of this Chapter.

Acts 1995, No. 739, §2, eff. Oct. 1, 1996.

Note: See Acts 1995, no. 947, §8 and no. 739, §§3, 4.

§994. Administrative law judges

A. The director of the division shall employ the administrative law judges for the division, each of whom shall have the following qualifications:

(1) An administrative law judge shall be a resident of Louisiana.

(2) An administrative law judge shall be licensed to pra= ctice law in Louisiana.

(3) An administrative law judge shall have been engaged = in the actual practice of law for at least five years prior to his appointment.

B. An administrative law judge shall be an employee of t= he division.

C. Notwithstanding the provisions of this Section, all p= ersons employed in affected agencies on October 1, 1996, who handle adjudications = and whether or not they meet the qualifications of this Chapter shall, unless t= he person declines, be transferred to and employed in the division created by = this Chapter to handle adjudications in the manner provided in this Chapter. However, no person other than those provided for in this Subsection s= hall be employed as an administrative law judge who does not meet the requiremen= ts of this Section.

D. The administrative law judge shall have the authority= to:

(1) Regulate the adjudicatory proceedings assigned to hi= m.

(2) Issue such decisions and orders as are necessary to promote a fair, orderly, and prompt adjudication.

(3) Exercise those powers vested in the presiding office= r in the Administrative Procedure Act.

(4) If the parties do not object, conduct adjudications = or conferences in person or by telephone, video conference, or similar communication equipment, and administer oaths in such proceedings.

(5) Continue an adjudication in any case when a party or subpoenaed necessary witness has been called to service in the uniformed services as defined in R.S. 29:403, including but not limited to a proceedi= ng pursuant to R.S. 32:667.

E. All adjudications involving alleged violations of any provision of law under the jurisdiction of the Board of Ethics shall be hea= rd by administrative law judges who are licensed to practice law in Louisiana.=

Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 200= 1, No. 84, §1; Acts 2001, 2nd Ex. Sess., No. 7, §2, eff. Oct. 16, 2001; = Acts 2003, No. 956, §1, eff. July 1, 2003; Acts 2008, 1st Ex. Sess., No. 23, §2, eff. Aug. 15, 2008.

NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.

§995.=     Director

A.   The gove= rnor shall appoint, and the Senate shall confirm, a director for the division, w= ho shall have the following qualifications:

(1) The director = shall be a resident of Louisiana.

(2) The director = shall be licensed to practice law in Louisiana.

(3) The director = shall have been engaged in the actual practice of law for at least five years pri= or to his appointment.

B.(1)    &= nbsp; The director shall serve a six-year term and may be reappointed and confirmed f= or subsequent six-year terms without limitation.

(2) If a vacancy = occurs during the director's term, the governor shall appoint a successor to fill = the remainder of the vacant term.

(3) The first dir= ector shall be appointed on July 1, 1996, and shall take such action in compliance with this Chapter as necessary to ensure that the provisions of this Chapter are implemented by October 1, 1996.

C.   The dire= ctor shall be a full-time unclassified employee of the division and he shall not accept or engage in additional employment of any kind.

Acts 1995, No. 739, §2, eff. Oct. 1, 1996.

Note: See Acts 1995, no. 947, §8 and no. 739, §&s= ect;3, 4.

§996.  &n= bsp; Duties of the Director

The director of the division shall take the following actions:=

(1) Administer an= d cause the work of the division to be performed in such a manner and pursuant to s= uch a program as may be appropriate.

(2) Organize the = division into such sections as may be appropriate.

(3) Assign admini= strative law judges as appropriate to perform duties vested in or required by the division.

(4) Develop and m= aintain a program for the continual training and education of administrative law ju= dges and agencies in regard to their responsibilities under this Chapter and the Administrative Procedure Act.

(5) Secure, compi= le, and maintain all records of adjudications held pursuant to this Chapter or the Administrative Procedure Act, and such reference materials and supporting information as may be appropriate.

(6) Develop unifo= rm standards, rules of evidence, and procedures, including but not limited to standards for determining whether or not a summary or ordinary hearing shou= ld be held, to regulate the conduct of adjudications.

(7) Promulgate and enforce rules for the prompt implementation and coordinated administration = of this Chapter as may be appropriate.

(8) Administer and supervise the conduct of adjudications.

(9) Assist agenci= es in the preparation, consideration, publication, and interpretation of rules as appropriate pursuant to the Administrative Procedure Act.

(10) Access information concerning the several agencies to assure that they properly promulgate rul= es required by law.

(11) Employ the service= s of the several agencies and their employees in such manner and to such extent as m= ay be agreed upon by the director and the chief executive officer of such agen= cy.

Acts 1995, No. 739, §2, eff. Oct. 1, 1996.

Note: See Acts 1995, no. 947, §8 and no. 739, §§3, 4.

§997.  &n= bsp; Program of Judicial Evaluation

A.   The dire= ctor shall develop and implement a program of judicial evaluation to aid in the performance of his duties.

B.   The judi= cial evaluation shall focus on three areas of judicial performance including competence, productivity, and demeanor. It shall include consideration of t= he following:

(1) Industry and promptness in adhering to schedules.

(2) Tolerance, co= urtesy, patience, attentiveness, and self-control in dealing with litigants, witnes= ses, and counsel and in presiding over adjudications.

(3) Legal skills = and knowledge of the law and new legal developments.

(4) Analytical ta= lents and writing abilities.

(5) Settlement sk= ills.

(6) Quantity, nat= ure, and quality of caseload disposition.

(7) Impartiality = and conscientiousness.

C.   The dire= ctor shall develop standards and procedures for the judicial evaluation which sh= all include taking comments from randomly selected litigants and lawyers who ha= ve appeared before the administrative law judge under evaluation.

D.   The judi= cial evaluation shall include a review of the methods used by the administrative= law judge. The judicial evaluation shall not include a review of any result as determined by an administrative law judge in any adjudication.

E.    Be= fore implementing any action based on the findings of the judicial evaluation, t= he director shall discuss the findings and the proposed action with the affect= ed judge.

F.    The judicial evaluation and supporting documents shall be confidential and shall not be subject to open records provisions of R.S. 44:1 et seq.

Acts 1995, No. 739, §2, eff. Oct. 1, 1996.

Note: See Acts 1995, no. 947, §8 and no. 739, §§3, 4.

§998.  &n= bsp; Prehearing Conference

A.   The administrative law judge may conduct a prehearing conference pursuant to a motion of any party or on his own motion.

B.   The administrative law judge shall set the time and place for the prehearing conference.

C.   The administrative law judge shall give reasonable notice of the prehearing conference to all parties.

D.   The preh= earing conference may be conducted for the purpose of dealing with one or more of = the following matters:

(1) Exploration of settlement possibilities.

(2) Preparation of stipulations.

(3) Clarification= of issues.

(4) Rulings on the identities and limitation on the number of witnesses.

(5) Objections to proffers of evidence.

(6) Order of pres= entation of evidence and cross-examination.

(7) Rulings regar= ding issuance of subpoenas and protective orders.

(8) Schedules for= the submission of written briefs.

(9) Schedules for= the conduct of a hearing.

(10) Any other matter to promote the orderly and prompt conduct of the adjudication.

E.    The administrative law judge shall issue a prehearing order, which he may direct one or more of the parties to prepare, incorporating the matters determined= at the prehearing conference.

F.    An administrative law judge assigned to render a decision or to make findings = of fact and conclusions of law in a case of adjudication noticed and docketed = for hearing shall not communicate, directly or indirectly, in connection with a= ny issue of fact or law, with any party or his representative, or with any officer, employee, or agent engaged in the performance of investigative, prosecuting, or advocating functions, except upon notice and opportunity for all parties to participate.

Acts 1995, No. 739, §2, eff. Oct. 1, 1996.

Note: See Acts 1995, no. 947, §8 and no. 739, §§3, 4.

§999.  &n= bsp; Disqualification and Withdrawal of Administrative Law Judge

A.   An administrative law judge shall voluntarily disqualify himself and withdraw = from any adjudication in which he cannot accord a fair and impartial hearing or consideration, or when required to by applicable rules governing the practi= ce of law in Louisiana.

B.(1)    &= nbsp; Any party may request the disqualification of an administrative law judge by fi= ling an affidavit, promptly upon learning of the basis for the disqualification, stating with particularity the grounds upon which it is claimed that a fair= and impartial hearing cannot be accorded.

(2) The director = shall promptly determine whether or not to disqualify an administrative law judge based on the request, or alternatively, he may hold a preliminary hearing at least ten calendar days prior to the hearing date for the purpose of receiv= ing evidence relating to the grounds alleged for disqualification.

Acts 1995, No. 739, §2, eff. Oct. 1, 1996.

Note: See Acts 1995, no. 947, §8 and no. 739, §§3, 4.

§999.1. Contract for Adjudication Services; Other Governmental Entities

The division is authorized to provide administrative law judge= s on a contractual basis to any governmental entity not covered by this Chapter, a= nd to conduct administrative hearings for such entity.

Acts 1999, No. 416, §1.

Part B. Suspension and Revocation of License or

Permit for Felonious Activity

§999.21. Su= spension and Ultimate Revocation of License or Permit; Felony Conviction

A.   As used = in this Part, the following terms shall have the following definitions:

(1) "Enforci= ng authority" means any of the following who have authority to enforce the provisions of this Part:

(a)   The is= suing agency which issued the license or permit.

(b) The attorney general.

(2) "Holder = of a license or permit" means the natural person or other entity in whose n= ame a license or permit is issued and who holds such license or permit.

(3) "Issuing agency" means a state agency, board, commission, department, or other entity of the state which issues a license or permit.

(4) "License= or permit" means any license or permit issued to any person or other enti= ty by a state agency, except for any license or permit issued pursuant to any provisions of the law in Title 37 or Title 3 of the Louisiana Revised Statu= tes of 1950.

B.   Notwiths= tanding any other provision of law to the contrary, and in addition to any other sanction or penalty which may be imposed, any license or permit issued by a= ny issuing agency may be suspended and ultimately revoked in accordance with t= he procedures provided for in this Part if the natural person who is the holde= r of such permit or license, the natural person who owns in excess of fifty perc= ent of an entity which holds the license or permit, or the natural person who is the chief executive officer of an entity which holds the license or permit = has been convicted of, or has entered a plea of guilty or nolo contendere to, a= ny crime which is a felony under state or federal law related to obtaining or keeping the license or permit.

C.   The lice= nse or permit may be suspended and its revocation shall be recommended to the cour= ts by the issuing agency which has issued the license or permit upon its determination in the manner provided for in this Part that a person provided for in this Section has been convicted of, or has entered a plea of guilty = or nolo contendere to, a felony under state or federal law related to obtainin= g or keeping the license or permit.

D.   Such lic= ense or permit shall be revoked upon a final judgment by a court that the action of= the issuing agency in suspending the license was in accord with the facts and l= aw.

Acts 1997, No. 1162, §1, eff. July 1, 1998.

§999.22.  = ; Enforcing Authority; Initiation of Action

A.   Any enfo= rcing authority may bring an action against the holder of a license or permit to suspend and ultimately revoke such license or permit in the manner and according to the procedure provided for in this Part if the enforcing autho= rity obtains knowledge that the natural person who is the holder of the permit or license, or the natural person who owns in excess of fifty percent of the entity which holds the license or permit, or the natural person who is the chief executive officer of the entity which holds the license or permit has been convicted of, or has entered a plea of guilty or nolo contendere to, a crime which is a felony under state or federal law related to obtaining or keeping the license or permit.

B.   The enfo= rcing authority may initiate the action by providing written notice by certified = mail of its intention to suspend and ultimately revoke the license or permit of = the holder pursuant to this Part, sent to the holder of the license or permit, = the person alleged to have been convicted of, or to have entered a plea of guil= ty or nolo contendere to, a felony under state or federal law related to obtai= ning or keeping the license or permit, and to the issuing agency which issued the license or permit, if different from the enforcing authority.

Acts 1997, No. 1162, §1, eff. July 1, 1998.

§999.23.    Hearing before the Issuing Ag= ency

A.   An actio= n to enforce the provisions of this Part shall be initiated by written applicati= on made by the enforcing authority to the issuing agency issuing the license or permit requesting such agency to order the suspension and recommend to the courts the revocation of the license or permit.

B.   No deter= mination shall be made and no license shall be ordered suspended and ultimately revo= ked without an adjudicatory hearing conducted in accordance with the Administra= tive Procedure Act and Part A of this Chapter.

C.   Notwiths= tanding the provisions of R.S. 49:992 or any other law to the contrary, any hearing conducted pursuant to this Part may, at the request of the issuing agency, = be conducted by an administrative law judge in an adjudicatory hearing pursuan= t to Part A of this Chapter.

D. For purposes of this Part, the enforcing authority shall pr= ove by a preponderance of the evidence that a person has been convicted of, or has entered a plea of guilty or nolo contendere to, a crime which is a felony u= nder state or federal law related to the obtaining or keeping of the license at issue.

Acts 1997, No. 1162, §1, eff. July 1, 1998.

§999.24.  = ; Revocation

A.(1)    &= nbsp; Within thirty days after the issuance of a written determination and order by an administrative law judge or an issuing agency that the license or permit of= a holder should be suspended, and a recommendation to the courts that such license or permit should be revoked, the enforcing authority shall file a petition in the Nineteenth Judicial District Court requesting such judge or court to uphold the determination of such issuing agency and order the revocation of the license or permit. A copy of the written determination and order of the administrative law judge or the issuing agency and a certified transcript of all proceedings had, if any, shall be filed with the court at= the same time as the petition of the enforcing authority.

(2) The holder of the license or permit that has been ordered = suspended may also file a petition requesting that the order of the administrative law judge or the issuing agency be set aside at any time after it is issued.

B.(1)    &= nbsp; After or in conjunction with the filing of a petition as provided for in Subsecti= on A of this Section, the holder of the license or permit that has been ordered suspended may file an application with the court with supporting affidavits requesting the court to make an initial determination as to whether the suspension of the license or permit by the administrative law judge or the issuing agency should be upheld.

(2) The court sha= ll assign a hearing on the application for the initial determination not less = than two nor more than ten days after the filing of such application, in open co= urt or in chambers.

(3) The court sha= ll review the written determination and order of the administrative law judge = or issuing agency, any affidavits which were filed with the application, and t= he transcript of the proceedings, if any.

(4) If the court = upon a review of such documents and consideration of the issues involved finds both that it is not probable that the order of the administrative law judge or t= he issuing agency will be upheld and that the suspension of the license or per= mit will result in irreparable injury, loss, or damage to the holder of the lic= ense or permit, the court shall issue an order enjoining the suspension until it renders a final judgment on the matter.

C.(1)    &= nbsp; Except for the procedure as provided in Subsection B of this Section, all of the c= ases provided for in this Section shall be tried in the same manner as civil cas= es and shall be heard and determined as speedily as possible.

(2) If the court = finds that the action of the administrative law judge or the issuing agency is in accordance with the facts and law, the court shall render a judgment uphold= ing the order of the administrative law judge or the issuing agency and revoking the license or permit of the holder. If not, the court shall either dismiss= the order of the administrative law judge or the issuing agency and enjoin the suspension of the license or permit, or it shall remand the case to the administrative law judge or the issuing agency for further proceedings eith= er with or without maintaining the suspension of the license or permit.

Acts 1997, No. 1162, §1, eff. July 1, 1998.

§999.25.  = ; Additional Ground or Cause

Notwithstanding any other law to the contrary, the provisions = of this Part shall provide an additional ground or cause of action for suspens= ion or revocation of a license or permit issued by an issuing agency and shall = be in addition to any other sanction or penalty which such agency is specifica= lly authorized to impose.

Acts 1997, No. 1162, §1, eff. July 1, 1998.

=

=

=

Part VI. General Rule-Making Guides

=

►Read the Administrative Procedure Act (APA) (R.S. 49:950 et seq.) =

=            =

The purpose of the APA was “to establish a basic, streamlined system to replace the hundreds of rules and regulations in some 189 state agencies, commissions, and boards.” (1982 Louisiana Law Review)

&= nbsp;

Pay particular attention to the definition of a Rule:

&= nbsp;

“Rule means each agency statement, guide, or requirement for conduct or action, exclusive of those regulating only the internal management of the agency and those purporting to adopt, increase, or decrease any fees imposed on the affairs, actions, or persons regulated by the agency, which has general applicability and the effect of implementing or interpreting substantive la= w or policy, or which prescribes the procedure or practice requirements of the a= gency.” [R.S. 49:951.A(6)].<= /span>

&= nbsp;

“Rules are designed to implement, interpret, or prescribe law or policy, or to describe the organization, procedure, or practice requirements of any agency.” (Act of July 26, 1935, 49 Stat.500= , ch.417)
^<=
o:p>

►When constructing your new Rule= s make sure to ask the question: “Will my Rules be adaptable in the field?”

&= nbsp;

= ;Determine types of people your Rule will affect:

·       Who will have to enforce your Rules?<= /span>

·       Who will be affected by Rules?=

Include input from both of these parti= es to make your Rule effective.

Taking time to write effectively will = save time, energy and money in the future.

&= nbsp;

►When writing your Rule:<= /span>

=

·       Do not restate the enabling statute in the R= ule.

·       Make sure you stay within the parameters of = your statutory authority.

·       Do not put timelines in the rule that confli= ct with the enabling statute, i.e. “The statute says 40 days, and the ru= le says 30 days.”

·       Flesh out the statute. The rule should imple= ment and fill in the details of the statue.

·       Avoid wording that is vague and can be misinterpreted.

=            ~Vivian Guillory, Division of Administrative Law=

&= nbsp;

►Regulatory Flexibility Analysis= /Small Business Economic Impact Statement

=

Every Rule must have an accompanying S= mall Business Analysis (R.S. 49:956.6). If you choose, you may print your analys= is with Notice of Intent for public viewing.

&= nbsp;

Small Business Statement=

In accordance with R.S. 49:965.6, the Department of Revenue has conducted a Regulatory Flexibility Analysis and found that the proposed amending of this Rule will have negligible impact on small businesses.<= /span>

=

If the results of the regulatory flexi= bility analysis required by R.S. 49:965.6 indicates an adverse impact on small businesses, the agency needs to complete a Small Business Economic Statemen= t, pursuant to R.S. 49:965.5, and file it with the Department of Economic Development.

&= nbsp;

►Writing your Fiscal and Economic Statement:

&= nbsp;

“In order to avoid unnecessary delays, the agency should ensure that each fiscal and economic statement is complete, grammatically correct and written in complete sentences. The fiscal and economic information contained therein m= ust be clearly stated and well documented.&nbs= p; Any assumption used must be explained in detail.

“Each fiscal and economic statement should reflect all costs or savings to state = or local governmental units resulting from adoption, amendment or repeal of a = rule (see worksheet I). Costs might include, but are not limited to, the followi= ng: printing, postage and personnel required; staff training required; addition= al contractual arrangements needed; the number of clients served or benefits p= aid. These and any other associated costs should be included regardless of wheth= er or not funds have been appropriated or budgeted for the intended purposes.&= #8221;

“If adoption, amendment or repeal of a rule would result in increases or decrea= ses in expenditures of federal funds, this should also be reflected under “revenues” (see Worksheet II) as an increase or decrease in fed= eral revenues. The impact on collection of any other revenues, including those p= aid into the state general fund, should also be listed.”

“All costs and savings, changes in revenue collections, costs and economic benef= its to directly affected persons or non-governmental groups and any effect on competition and employment should be explained in detail on worksheets I through IV (pages 3-5). A thorough but concise summary of each worksheet mu= st be provided on one page. The contents of page one will be published in the = Louisiana Register with the notice= of intent.”

=              ~Legislative Fiscal Office Procedures, H. Gordon Monk=

&= nbsp;

►Making Changes to your Proposed= Rule after Initial Printing

&= nbsp;

All substantive (non-technical) changes made from public comments need to be submitted to the Legislative Fiscal Office for approval.

“If any substantive (non-technical) modification is made to the language of the rule after its initial submission to the Legislative Fiscal Office (e.g., a= s a result of comments from the public), it is the responsibility of the agency= to forward a copy of the modified rule and a revised fiscal and economic impact statement to the Legislative Fiscal Office for approval prior to a hearing = by the appropriate legislative oversight subcommittee.”

“Once an impact statement has been officially approved, no changes are permitted = to it or the accompanying notice of intent and proposed rule.”

=              ~Legislative Fiscal Office Procedures, H. Gordon Monk=

&= nbsp;

A public hearing pursuant to R.S. 49:968(H)(2) needs to be held if the changes are substantial (non-technical). A public hearing notice needs to be submit= ted to the Office of the State Register for publication. This publication will appear in the Potpourri Section of the Louisiana Register.

<= /span>

Sample Timetable for Rulemaking<= /span>

=

(Section ci= tations refer to the APA)

MARCH 20=

FISCAL OFFICE―Submit Fiscal and Economic Impact Statement for Approval [§953(A)(3)(b)].

APRIL 10=

SUBMIT NOTICE OF INTENT AND APPR= OVED FISCAL STATEMENT 12 NOON TO STATE REGISTER―Also submit to House Speaker, Se= nate President, House and Senate Oversight Committees [§953(A)(1)(b)(i)].

APRIL 20=

NOTICE OF INTENT PUBLISHED IN LOUISIANA REGISTER―Publication date is the twentieth of each month [§954(1)(B)].

APRIL 21 THRU MAY 10

PERIOD FOR REQUESTING PUBLIC HEA= RING―Within 20 days after Notice of Intent is published [§953(A)(2)(a)].

MAY 25 THRU MAY 30

PUBLIC HEARING―35-40 days after Notice of Intent is published [§953.A(2)(b)(i)].

VARIABLE DATE

SECOND REPORT TO OVERSIGHT COMMITTEES= 213;[§968(D)(1-5)] See Footnote 1= .

VARIABLE DATE

POSSIBLE LEGISLATIVE OVERSIGHT COMMITTEE HEARING―[§968(D)(2)(a)] See Footnote = 2, Footnote 3.

VARIABLE DATE

IF AGENCY RECEIVES UNFAVORABLE OVERSIGHT REVIEW, COMMITTEE SENDS NEGATIVE REPORT TO GOVERNOR―No later than four days after committee makes its determination. Agency and State Register also receive= a copy of the committee report [&sec= t;968(F)(2)].

As EARLY as
JULY 10<= /o:p>

IF AGENCY RECEIVES FAVORABLE OVERSIGHT REVIEW, AGEN= CY SUBMITS FINAL RULE TO STATE REGISTER BY 12 NOON―This date reflects the minimum time frame in which a proposed rule can receive oversight approval and be submitted for publication as a final rule [§968(H)(1)].

VARIABLE DATE

GOVERNOR APPROVES OR DISAPPROVES OVERSIGHT'S NEGATIVE REPORT―Governor has 10 days to agree or disagree with oversight's report [§968(G)].<= /p>

As EARLY as
JULY 20<= /o:p>

FINAL RULE PUBLISHED IN LOUISIANA REGISTER―No earlier than 90 days and no later than one year after Notice of Intent was published in Louisiana Register <= /i>[§968(H)(1)].

¹       Report includes (1) summary of testimony at agency's public hearing; (2) summary of comments received; (3) copy of response to comments prepared by agency; (4) statement of tentative/proposed action by agency on oral/written comments received; (5) revision of proposed rule or statement that no changes have b= een made; (6) concise statement of reasons for/against adoption/amendment of changes suggested.

²       Overs= ight committee hearing shall be held no earlier than 5 days and no later than 30 days following the day the agency turns in its report.

³       If ag= ency has decided to make substantive changes to the propo= sed rule text, it should wait until after it holds a hearing on substantive cha= nges before turning in its report as shown in Footnote 1 above. When holding a substantive change hearing, the agency must advertise the hearing date in the Louisiana Register (Potpourri Section) 30 days prior to the hearing.

Part VII.&nbs= p; Appendices

A. Insertion Order

=

B. LR Checklist<= /span>

       &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ; emergency rule (ER) instructions:

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>1) For an ER which has not been published i= n the Louisiana Register within rec= ent months (either as a previous ER or as a NOI), send the new ER on *CD and include wi= th the completed insertion order: opening/introductory paragraphs containing effective date and number of days ER in effect; and rule text in LAC codified form with updated Authority and Historical Notes.

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>2) For an ER which has been published in th= e Louisiana Register within rec= ent months (either as a prev= ious ER or as a NOI):

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>a) if minor revisions are made, xerox a copy of the previous ER or NOI from the Louisiana Register, and show changes/revisions with a red pen; or

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>*b) if major revisions are made, send a new ER on *CD and include wi= th the completed insertion order: opening/introductory paragraphs containing effective date and number of days ER in effect; and rule text in LAC codified form with updated Authority and Historical Notes.

  =             &nb= sp;            =             &nb= sp;            =             &nb= sp;       notice of intent (NOI) instructi= ons:

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>1) For a NOI which has not been published i= n the Louisiana Register within rec= ent months (either as a previous NOI or as an ER):

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>a) send the new NOI on *CD a= nd a hard copy. Include, with the completed insertion order: opening/introductory paragraphs; rule text in LAC codified form with updated Authority and Historical Notes; fa= mily impact statement; interested persons paragraph; and public hearing paragraph (if one is scheduled). also send fiscal and economic impact statement containing ORIGINAL signatures.

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>2) For a NOI which has been published in th= e Louisiana Register within rec= ent months (either as a previous NOI or as an ER):

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>a) if minor revisions are made, xerox a copy of the previous NOI or ER from the Louisiana Register, and show changes/revisions with a red pen; send the completed insertion order a= nd a *CD with opening/introductory paragraphs; interested persons paragraph; and public hearing paragraph (if one is scheduled). also send = first page of fiscal statement containing ORIGINAL signatures; or

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>*b) if major revisions are made, send a new NOI on *CD and include, = with the completed insertion order: preamble/introductory paragraphs; rule text in LAC codified form with upd= ated Authority and Historical Notes; family impact statement; interes= ted persons paragraph; and public hearing paragraph (if one is scheduled). also send fiscal and economic impact statement containing ORIGINAL signatures.

  =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =        rule (RUL) instructions:

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>1) If the NOI was published in full (rule text included) xerox the entire NOI fr= om the Louisiana Register (includ= ing page numbers and document number at the end of the fiscal statement) a= nd show changes/revisions with a red pen and include with the completed insertion order.

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>2) If the NOI referenced the reader to rule text in an ER, xerox the entire NOI from th= e Louisiana Register(including = page numbers and document number at the end of the fiscal statement) and xerox the entire ER from the= Louisiana Register(including = page numbers and document number at the end of the document); show changes/revisions with a red pen and include with the completed insert= ion order.

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>3) If the NOI was referenced (rule text was not printed) xerox the entire= NOI from the Louisiana Register(including page numbers and document number= at the end of the fiscal statement) and show changes/revisions with a red= pen and include with the completed insertion order. IMPO= RTANT: if changes/revisions have been made to the unpublished rule text since= it was originally proposed through the NOI, send a NEW *CD of the rule text with all changes incorporated into the document.<= o:p>

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"; text-transform:uppercase'>

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"; text-transform:uppercase'>

  =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            = potpourri (POT) instructions:

<= span style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:"Arial"= ,"sans-serif"'>Send a completed insertion order and a *CD containing the document.

C. Examples

Examples of Opening Paragraphs

NOTICE OF INTENT

Board of Elementary and Secondary Education

Bulletin 741―Louisiana Handbook for = School Administrators―High School Credit for
Elementary Students (LAC 28:I.901)

In accordance with R.S. 49:950 et seq., the Administrative Pro= cedure Act, notice is hereby given that the Board of Elementary and Secondary Education approved for advertisement revisions to Bulletin 741, referenced = in LAC 28:I.901.A, promulgated by the Board of Elementary and Secondary Educat= ion in LR l:483 (November 1975). The proposed revisions to Standards 2.102.01, 2.105.04, and 2.105.17 were made to be consistent with LEAP for the Twenty-First Century High Stakes Testing Policy. The changes include:

(1) 8th grade LEA= P 21 shall be in lieu of a required credit exam for Option 1 and Option 2 studen= ts;

(2) Students must= score at an achievement level of "approaching basic" on the mathematics components of 8th grade LEAP 21 before enrolling in courses in the secondary program of studies for mathematics;

(3) Students must= score at an achievement level of "approaching basic" on the English language arts components of eighth grade LEAP 21 before enrolling in course= s in the secondary program of studies for English.

NOTICE OF INTENT

Department of Environmental Quality

Office of Environmental Assessment

Commercial Hazardous Was= te Treatment,
Storage and Disposal Facilities
(LAC 33:V.Chapter 4 , 517 and 5111) (HW071P)

Under the authority of the Environmental Quality Act, R.S. 30:= 2001 et seq., and in accordance with the provisions of the Administrative Proced= ure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking proced= ures have been initiated to amend the Hazardous Waste regulations, LAC 33:V.Chap= ter 4 and LAC 33:V.517 and 5111 (Log #HW071P).

The proposed Rule applies to any permit for a new, non-existent commercial hazardous waste treatment, storage, or disposal facility. The ru= le will establish criteria to assess the impact of the facility on the citizen= s in the surrounding area, the local infrastructure, and on the environment. A siting fee equaling five percent of the application fee, authorized by R.S. 30:2178, is also established. This regulation is proposed in response to the March 19, 1999, Consent Decree and Petition for Rulemaking in the 19th Judi= cial District Court, Honorable Janice Clark, Judge Presiding. The basis and rationale for the proposed rule are to comply with R.S. 30:2178. Although t= here presently exist sufficient regulations to meet this statutory requirement, = in an abundance of caution and in an effort to provide additional clarity and assistance to the regulated community and the public, the Department has decided to initiate rulemaking in response to the Petition as it related to this statute.

This proposed Rule meets an exception listed in R.S. 30:2019(D= )(3) and R.S.49:953(G)(3); therefore, no report regarding environmental/health benefits and social/economic costs is required. This proposed Rule has no k= nown impact on family formation, stability, and autonomy as described in R.S. 49:972.

Examples of Family Impact Statements

(You can find information about the Family Impact Statement in the APA under Section 972)

= ;

&nb= sp;

Family Impact Statement

1.    Wh= at effect will this rule have on the stability of the family? The proposed rule will not affect the stability of the family.             <= /span>

2.    Wh= at effect will this have on the authority and rights of persons regarding the education and supervision of their children? The proposed rule will not aff= ect the authority and rights of persons regarding the education and supervision= of their children.

3.    Wh= at effect will this have on the functioning of the family? This rule will not affect the functioning of the family.

4.    Wh= at effect will this have on family earnings and family budget? This rule will = not affect the family earnings or family budget. This rule should result in an = increase of child support collections since it allows for another tool in collecting child support obligations.

5.    Wh= at effect will this have on the behavior and personal responsibility of childr= en? This rule will not affect the behavior or personal responsibility of childr= en.

6.    Is= the family or local government able to perform the function as contained in this proposed rule? No, the action proposed is strictly a state enforcement function.

Family Impact Statement

1.    Wh= at effect will this rule have on the stability of the family? The proposed rule should have a positive effect on the stability of the family, as it will al= low those families who could not previously afford adequate housing, the opportunity to own their own home.

2.    Wh= at effect will this have on the authority and rights of persons regarding the education and supervision of their children? The proposed rule will not aff= ect the authority and rights of persons regarding the education and supervision= of their children.

3.    Wh= at effect will this have on the functioning of the family? This rule may have a positive effect on the functioning of the family.

4.    Wh= at effect will this have on family earnings and family budget? This rule will = not affect the family earnings or family budget.

5.    Wh= at effect will this have on the behavior and personal responsibility of childr= en? This rule will not affect the behavior or personal responsibility of childr= en.

6.    Wh= at effect will this have on the ability of the family or local government to perform the function as contained in this proposed rule? This rule is desig= ned to help the family to obtain the information and help needed to own their o= wn home.

Examples of Interested Persons Paragraphs=

All interested persons are invited to submit written comments = on the proposed regulations. Persons commenting should reference this proposed regulation by HW071P. Such comments must be received no later than November= 1, 2000, at 4:30 p.m., and should be sent to Patsy Deaville, Regulation Development Section, Box 8= 2178, Baton Rouge, LA 70884-2178 or t= o fax (225) 765-5095. Copies of this proposed regulation can be purchased at the above referenced address. Contact the Regulation Development Section at (22= 5) 765-0399 for pricing information. Check or money order is required in advan= ce for each copy of HW071P.

Any person may submit data, views or positions, orally or in writing, to the Louisiana State Board of Home Inspectors by writing to Box 14868, Baton Rouge, LA 70898-4868, or by telephoning at 504-219-0500 and facsimile 504-219-0535.

Interested persons may submit written comments until 4:30 p= .m., November 9, 2000, to Nina A. Ford, Board of Elementary and Secondary Educat= ion, Box 94064, Capitol Station, Baton Rouge, LA 70804-9064

Example of Notice of Intents

Notice of Intent

A Notice of Intent is a compilation of all the requirements in R.S. 49:953 (A)(1)(a). The entire No= tice of Intent is to be printed in the L= ouisiana Register and submitted in accordance with Office of the State Register guidelines. The Notice of Intent must be in the following order and in one electronic document:

NOTICE OF INTENT

Department Name

Office Name

Title of Proposed Rule and LAC Citat= ion

Example: Navigation Systems (LAC 52:XIX. 313 and 319)

Opening Paragraph<= /b>

T= his is a paragraph explaining what you are doing, why, and under what authority.

Example: Notice is hereby given in accordance with the provisions of the Administrat= ive Procedure Act, R.S. 49:950 et seq., and through the authority granted in R.= S. 44:718 (D), that the Board of Navigation proposes to amend Chapter 3 to facilitate the temporary registration of out-of-state vehicles containing factory navigation systems.

LAC Title Number

Title Name

Part Number and Name

Chapter Number and Name

Section Number and Name

Codified Contents of Section

Authority Note=

Historical Note

**Continue Sections as applicable**<= o:p>

Family Impact Statement

Public Comments Paragraph=

Public Hearing Paragraph (if needed)=

Name of Person Responsible and Title=

Fiscal and Economic Impact Summary

<= o:p>

REMEMBER: DO NOT USE TRACKING, AUTOMATED NUMBERING, OR STRIKETHOUGH/UNDERSCORE FOR&= nbsp; LOUISIANA<= /st1:place> REGISTER ELECTRONIC DOCUMENT FILES.

Example of Emergency R= ules

Emergency Rule

An Emergen= cy is a compilation of all the requirements in R.S. 49:953 (B)(1)-(4). The entire Emergency Rule is to be printed in the Louisiana Register and submitted in accordance with Office of the State Register guidelines. The Emergency Rule must be in the following order and in one electronic document:

EMERGENCY RULE

Department Name

Office Name

Title of Proposed Rule and LAC Citation

Example: Navigation Systems (LAC 52:XIX. 313 and 319)

Opening Paragraph

This is a paragraph explaining the nature of the emergency, pursuant to R.S. 49:953(B)(1), the department's basis and rationale for the action, when the Emergency Rule will be effective, and under what authority the agency is ab= le to promulgate rules.

Example: The Department of Social = Services, Office of Family Support, has exercised the emerge= ncy provision in accordance with R.S. 49:953(B), the Administrative Procedure A= ct to adopt LAC 67:III:5591, Jobs for America's Graduates Louisiana (JAGS-LA) Program as a new TANF initiative. This Emergency Rule effective July 1, 200= 7, will remain in effect for a period of 120 days.

&n= bsp;      Pursuant to House Bill 1 of the 2007 Regular Session of the Louisiana Legislature, t= he agency is adopting the JAGS-LA Program to keep in school those students at = risk of failing in school, to capture out-of-school youth in need of a high scho= ol education, to provide an avenue for achieving academically, and to assist students in ultimately earning recognized credentials that will make it possible for them to exit school and enter post-secondary education and/or = the workforce.

&n= bsp;      The authorization for emergency action in this matter is contained in House Bil= l 1 of the 2007 Regular Session of the Louisiana Legislature.

LAC Title Number

Title Name

Part Number and Name

Chapter Number and Name

Section Number and Name

Codified Contents of Section

Authority Note

Historical Note

**Continue Sections as applicable**

Name of Person Responsible and Title<= /span>

REMEMBER: DO NOT USE TRACKING, AUTOMATED NUMBERING, OR STRIKETHOUGH/UNDERSCORE FOR&= nbsp; LOUISIANA REGISTER ELECTRONIC DOCUMENT FILES.<= /p>

Example = of Legislative Summary Report

(report = with no changes and no comments)

~Editing and research = by Greg Waddell, Attorney ~

<= /o:p>

=

Example = of Legislative Summary Report (continued)

(report = with changes and comments)

~Editing and research = by Greg Waddell, Attorney ~

= ;

=

= ;

= ;

=

= ;

= ;

= ;

= ;

=	=	=	Location LR 29
LAC Title	Part.Section	Effect	Month	Page
10	XV.Chapter 19	Amended	Mar	187
13	I.Chapter 9	Amended	Jun	445
	III.Chapter 42	Adopted	Oct	961
	III.301-319	Repealed	Jan	51
16	II.105	Amended	Aug	717
22	XIII.Chapters 1 - 5	Amended	Aug	709
=	XIII.511	Repromulgated	Aug	710

Emergency Rules—ER	Executive Orders—EO
Rules—R	Committee Reports—CR
Notices of Intent—N	Legislation—L
Potpourri—P	Policy and Procedure Manual—PPM<= /span>
Governor's Report—GR

Administrative Procedure Act Quick Reference
§953	Rule-Making Procedure<= /span>
§953.A(2)(a) - (b)(iii)=	Interested Persons/Comments<= /o:p>
§953.B(1) - (4)(c)	Emergency Rule Guidelines
§954.B	Effective Dates=
§963	Judicial Review of Rules
§965.2	Regulatory Flexibility Act
§968.D - N=	Oversight Subcommittee Hearings
§969	Legislative Repeal of Rules<= /o:p>
§970	Gubernatorial Repeal of Rules
§971	Oversight Subcommittee Rejection = of Rules
§972	Family Impact Statement

MARCH 20=	FISCAL OFFICE―Submit Fiscal and Economic Impact Statement for Approval [§953(A)(3)(b)].
APRIL 10=	SUBMIT NOTICE OF INTENT AND APPR= OVED FISCAL STATEMENT 12 NOON TO STATE REGISTER―Also submit to House Speaker, Se= nate President, House and Senate Oversight Committees [§953(A)(1)(b)(i)].
APRIL 20=	NOTICE OF INTENT PUBLISHED IN LOUISIANA REGISTER―Publication date is the twentieth of each month [§954(1)(B)].
APRIL 21 THRU MAY 10	PERIOD FOR REQUESTING PUBLIC HEA= RING―Within 20 days after Notice of Intent is published [§953(A)(2)(a)].
MAY 25 THRU MAY 30	PUBLIC HEARING―35-40 days after Notice of Intent is published [§953.A(2)(b)(i)].
VARIABLE DATE	SECOND REPORT TO OVERSIGHT COMMITTEES= 213;[§968(D)(1-5)] See Footnote 1= .
VARIABLE DATE	POSSIBLE LEGISLATIVE OVERSIGHT COMMITTEE HEARING―[§968(D)(2)(a)] See Footnote = 2, Footnote 3.
VARIABLE DATE	*IF AGENCY RECEIVES UNFAVORABLE* OVERSIGHT REVIEW, COMMITTEE SENDS NEGATIVE REPORT TO GOVERNOR**―No later than four days after committee makes its determination. Agency and State Register also receive= a copy of the committee report [&sec= t;968(F)(2)].
As EARLY as JULY 10<= /o:p>	*IF AGENCY RECEIVES FAVORABLE* OVERSIGHT REVIEW, AGEN= CY SUBMITS FINAL RULE TO STATE REGISTER BY 12 NOON**―This date reflects the minimum time frame in which a proposed rule can receive oversight approval and be submitted for publication as a final rule [§968(H)(1)].
VARIABLE DATE	GOVERNOR APPROVES OR DISAPPROVES OVERSIGHT'S NEGATIVE REPORT―Governor has 10 days to agree or disagree with oversight's report [§968(G)].<= /p>
As EARLY as JULY 20<= /o:p>	FINAL RULE PUBLISHED IN LOUISIANA REGISTER―No earlier than 90 days and no later than one year after Notice of Intent was published in Louisiana Register <= /i>[§968(H)(1)].