=
Office
of the State Register LAC
Handbook
![](3D"LACHandbook,April2004_files/image002.gif")
=
=
Table of Contents
Part I. An
Introduction to the
Part II. The
Part III. Codification..........................................=
............................................................. 6
Part IV. Document
Formatting..........................=
............................................................. 11
Part V.<=
/span>&nb=
sp; The
Administrative Procedure Act........=
............................................................ 22
Part VI. Sample
Rulemaking Timetable................=
.......................................................... 48
Part VII. Appendices..........................................=
............................................................ 49
&nb=
sp; =
A. Insertion Order..........................................=
............................................... 49
&nb=
sp; =
B. LR Checklist..........................................=
.................................................. 50
&nb=
sp; =
C. Examples..........................................=
........................................................ 52
OSR Contact Information Office Manager......................................=
...........................................................................=
............ (225)
342-5015 Director.............................................................=
...........................................................................=
. (225)
342-5017 FAX................................................................=
...........................................................................=
.... (225)
342-0284 Webpage.............................................................=
........................................... http://www.state.la.us/o=
sr/osr.htm
&=
nbsp;
Part I. An Introduction t=
o the
Welcome to t=
he
Office of the State Register LAC Handbook.
This handboo=
k will
introduce you to various aspects of the Louisiana
Administrative Code (LAC), including the codification system, the forma=
t,
and the process of promulgating the LAC.
The LAC is t=
he
official compilation of administrative rules published by agencies and boar=
ds
in the state of
A rule becom=
es
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 once =
in a
two year period.
It is import=
ant
that rulemaking agencies understand all concepts of the LAC because of the
responsibility each individual agency has for writing and maintaining its r=
ules
accurately and conscientiously. OSR will consistently work with each agency=
to
obtain approval when a new or amended book is ready for publication.
Part II. The
The Louisiana Register (R=
egister)
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 never become part of the LAC.
Louisiana Register issues are labeled according to vo=
lume
and number. Each volume consists of 12 monthly numbers of the Register.
Volumes are numbered dating back to 1975, the first volume of the Regist=
er.
The 1975 issues are collectively called Volume 1. The 2004 issues are called
Volume 30. 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.
&nb=
sp; 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.
&nb=
sp; Rule:
A rule is published three to twelve months after its corresponding NOI and =
puts
the new or amended regulation into force.
&nb=
sp; 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, Section 954.B.(2).
&nb=
sp; Potpourri:
The Potpourri section of the Register contains announcements and
For details 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
The Register also publishes =
all
gubernatorial Executive Orders, occasional Legislation, Committee Reports,
Governor's Reports and Policy and Procedure Memoranda.
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, looks
like this:
Administrative Code Update
January - December 2003
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Location |
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LAC |
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XV.Chapter 19 |
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I.Chapter 9 |
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III.Chapter 42 |
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III.301-319 |
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II.105 |
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XIII.Chapters 1 - 5=
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XIII.511 |
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AGRICU=
LTURE
AND FORESTRY
Agricu=
lture
and Environmental 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, 129=
9P
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
|
Emergency Rules—ER |
Executive Orders—EO |
|
Rules—R |
Committee Reports—CR |
|
Notices of Intent—N |
Legislation—L |
|
Potpourri—P |
Policy and Procedure Manual—PPM |
|
Governor's Report—GR |
|
How to Submi=
t 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 t=
hat
month (in other words, a document to be published in the April Register<=
/i>
must be submitted by April 10). If the tenth of the month falls on a weeken=
d,
the deadline becomes noon on the preceding Friday.
Required Mat=
erials
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 http://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 or=
der,
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, on a 3.5 inch floppy disk (see exception in the following section,
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 document, see Part I=
V 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 to be made. When marking
changes, keep the following guidelines in mind.
► In the introdu=
ctory
paragraph, phrases such as "proposed rule" will be changed to
"rule," and phrases such as "intends to adopt" will bec=
ome
"adopts."
► The Fiscal and Economic Impact Statement, along with
the Family Impact Statement and the "interested persons paragraph,&quo=
t;
will be deleted.
Note: If in=
dividual
changes are extensive, submit these changes on a diskette with the rule. Th=
is
will prevent a delay in our process and typesetting charges to your office.=
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.=
&nbs=
p; Administrative
Law
Title 4.=
&nbs=
p; Administration
Title 7.=
&nbs=
p; Agriculture
and Animals
Title 10. &nbs=
p; Financial
Institutions, Consumer Credit, Investment Securities and UCC
Title 13. &nbs=
p; Economic
Development
Title 16. &nbs=
p; Community
Affairs
Title 19. &nbs=
p; Corporations
and Business
Title 22. &nbs=
p; Corrections,
Criminal Justice and Law Enforcement
Title 25. &nbs=
p; Cultural
Resources
Title 28. &nbs=
p; Education
Title 31. &nbs=
p; Elections
Title 32. &nbs=
p; Employee
Benefits
Title 33. &nbs=
p; Environment=
al
Quality
Title 34. &nbs=
p; Government
Contracts, Procurement and Property Control
Title 35. &nbs=
p; Horse
Racing
Title 37. &nbs=
p; Insurance
Title 40. &nbs=
p; Labor
and Employment
Title 42. &nbs=
p;
Title 43. &nbs=
p; Natural
Resources
Title 46. &nbs=
p; Professional
and Occupational Standards
Title 48. &nbs=
p; Public
HealthGeneral
Title 49. &nbs=
p; Public
HealthFood and Drugs
Title 50. &nbs=
p; Public
HealthMedical Assistance
Title 51. &nbs=
p; Public
HealthSanitary Code
Title 52. &nbs=
p; Ethics
Title 55. &nbs=
p; Public
Safety
Title 56. &nbs=
p; Public
Works
Title 58. &nbs= p; Retirement<= o:p>
Title 61. &nbs=
p; Revenue
and Taxation
Title 67. &nbs=
p; Social
Services
Title 70. &nbs=
p; Transportat=
ion
Title 71. &nbs=
p; Treasury
Title 73. &nbs=
p; Weights,
Measures and Standards
Title 76. &nbs=
p; 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 Subchapt=
er
headings are labeled "optional": while all codified material must=
be
included in a Title, Part, and Chapter, each agency may (in consultation wi=
th
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 and the second Section §103;=
the
first Section of Chapter 13 is labeled §1301, the second §1303; e=
tc.
(for information on §102 and §1302, see "Numbering" in =
this
Part). Sections must be divided exactly as shown above, and all text must be
appropriately labeled. Study the following example, paying close attention =
to
the use of numerals, letters, and capitalization.
Correct:
|
§301. = Responsible Automobile Usage A. = Excessive Speed. Individuals caught driving at excessive speeds in designated areas will be punished with one of the following measures: 1. <= /span>confiscation of: a. = automobiles; b. = pets; and c. = either of the following power tools: &nbs= p; i. drills; or &nbs=
p; ii. 2. <=
/span>fines;
and 3. <=
/span>loss of license. B. =
Excessive
Swerving. Individuals who swerve too much may atone for themselves in one=
of
the following ways. 1. <=
/span>If
the individual swerves into a flowerbed, he may write an essay on
horticulture. 2. <=
/span>If
the individual swerves into a mailbox, he may repair the mailbox to its
original 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 prolonged 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. = Individuals 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
Section 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 =
&nb=
sp; &=
nbsp; &nbs=
p; &=
nbsp; Part
I
&nbs=
p; &=
nbsp; Subpart
1 =
; &n=
bsp; =
; &n=
bsp; Cha=
pter
1
&nbs=
p; &=
nbsp; &nbs=
p; Chapter
1 =
&nb=
sp; =
C=
hapter
3
&nbs=
p; &=
nbsp; &nbs=
p; Chapter
3 =
&nb=
sp; =
C=
hapter
5
&nbs=
p; &=
nbsp; &nbs=
p; Chapter
5 =
&nb=
sp; =
C=
hapter
7
&nbs=
p; &=
nbsp; Subpart
2 &nb=
sp; =
&nb=
sp; =
&nb=
sp; 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 =
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; Chapter
1
&nbs=
p; &=
nbsp; &nbs=
p; Chapter
1 =
&nb=
sp; =
C=
hapter
3
&nbs=
p; &=
nbsp; &nbs=
p; Chapter
3 &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; 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; =
&=
sect;101
&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; =
&=
sect;107
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; §105 &n=
bsp; =
; &n=
bsp; =
; etc.
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; etc.
Authority and Historical Notes
Each Section ends with an Authority Note a=
nd a
Historical Note. When researching, these notes serve as a resourceful and
time-saving tool. The Authority Note indicates the Revised Statutes which
authorize an agency to adopt or amend a regulation, and the Historical 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 amendmen=
t.
See the "Codification System" of this Part,
and for instructions about formatting see "Authority and Historical
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) should be formatted according to the standar=
ds
outlined in the following pages. Below is a general example of how a docume=
nt
should look.
|
RULE Department of Driving
Safety Office of Vehicles Penalties for Speed and Swerving Violations The Department of Driving Safe=
ty,
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 38 DRIVING SAFETY Part III.[2 spaces]Vehicle Control Chapter 3.[tab]Vio=
lations
and Penalties §301.[tab]Res=
ponsible
Automobile Usage A.[tab]Excessive Speed. Individua= ls caught driving at excessive speeds in designated areas will be punished w= ith 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]drills; or &nbs= p; ii.[t= ab]wheelbarrows; 2.[tab]fines; and 3.[tab]loss of license. B.[tab]Excessive Swerving. Indivi= duals who swerve too much may atone for themselves in one of the following ways= . 1.[tab]If the individual swerves = into a flowerbed, he may write an essay on horticulture. 2.[tab]If the individual swerves = into a mailbox, he may repair the mailbox to its original condition and do volun= teer work at the post office. AUTHORITY NOTE:[tab]Promulgated in accordance with R.S. 27:348. HISTORICAL NOTE:[tab= ]Promulgated by the Department of Driving Safety, Office of Vehicles, LR 22:338 (March 1996), amended LR 26:307 (February 2000), LR 27:604 (April 2001). <=
/span> 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 informa= tion is required for Notices of Intent and for Emergency Rules. See "Special Requirements: Notices of Intent" and "Special Requirements: Declaration of Emergency" in this Part for those requirements.<= /p>
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; spec= ific formatting instructions (including instructions for Authority Notes = and Historical 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 boldface type, italics, underlining, 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).
Spec=
ial
Requirements: Notices of Intent
Notices of Intent must include three additional components.
&= nbsp; 1. A Family Impact <= span class=3DGramE>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 "interest= ed persons" paragraph, is to be placed after t= he Family Impact Statement and should include contact information for anyone w= ho wishes to comment on the proposed rule. An "interested persons" paragraph should be similar to the example below:
Interested
persons may submit written comments to Bill Gravy, Administrative Officer,
Department of Driving Safety,
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 desig= nees from the rulemaking agency and the Legislative Fiscal Office. The original = FEIS must be submitted to the Office of State Register (with signatures) along w= ith an electronic copy.
Spec=
ial
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 Addres=
ses Agency Nam=
es Authority =
and
Historical Notes Capitalization
Repealing 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; "
&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,
=
Correct:
Written comments may be
addressed to Bill Gravy, Assistant Secretary, Office of Vehicles, Departmen=
t of
Driving Safety,
2. Agency Names
Unless needed for clarity, avoid using "state" and "<=
st1:State
w:st=3D"on">
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. 22:99= 7 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.
&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 agen=
cy
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 only 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" ar=
e 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 30:102 (January 2004)<= 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
<=
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
Vehicle owners within the=
state
of
<=
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 L=
ouisiana
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
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
requi=
red for the certificate 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
Individual definitions are not codified with a number or a letter.
Instead they are placed in alphabetical order with the defined word capital=
ized
and italicized and a long dash between the word and the definition. Study t=
he
following example.
|
§101. = Regulations over Really Big Trucks A. = Definitions 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). |
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 below,
"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 u=
sed
to replace these words.
Correct:
Big Trucka truck weighing more tha=
n two
tons.=
Incorrect:
Big Truckmeans a truck weighing mo=
re
than two tons.
Big Truck means a truck weighing m=
ore
than two tons.
6. Li=
sts
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 contains:
1. one exhaust pipe;
2. four tires; and
3. one steering wheel.
A. A student m= ay 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 hun=
gry,
he may eat beans with a side of rice and a brownie for dessert.
&nbs=
p; 2. If lactose-intole=
rant,
he may substitute water for his milk.
&nbs=
p; 3. If sufficiently
talented 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 not necessary in a monetary amount
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
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
measurement.
<= /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
Correct: third; twenty-fifth
Incorrect: 3rd; 25th
►
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 addres=
ses.
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 "
10.
Preserving Existing Text Without Reprinting It
Sometimes= a few sentences of a relatively long Section will be amended. In such a case it is impractical and unnecessary to print the entire Section, and only the amend= ed portions should be printed. Sounds simple, but the catch is that any text omitted from a Section printed in the Register is effectively delete= d, unless it is done properly. Study carefully the following Section; we will = take the appropriate steps to amend only a small portion.
|
§301. Responsib= le Automobile Usage A. = Excessive Speed. Individuals caught driving at excessive speeds in designated areas will be punished with one of the following measures: 1. <= /span>confiscation of property; 2. <= /span>fines; and 3. <= /span>loss of license. B. = Excessive 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. <= /span>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 in leaving it out we have 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. Here 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. <= /span>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 Pa= ragraph 1 indicates that everything from Paragraph 2 through Subsection B is being preserved but not printed.
Another e= xample should make this technique clearer. Here is how we would print only the material after Paragraph 1:
|
§301. = Responsible Automobile Usage A. - A.1= . … 2. <= /span>fines; and 3. <= /span>loss of license. B. = Excessive 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. <= /span>public humiliation; 2. <= /span>… 3. <= /span>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" above). Use asterisks to show that an unlabeled por= tion of the Section is being saved, to insure that this portion is not inadverte= ntly 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. Responsib= le 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). |
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, verify that 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 |
|
§953.A(2)(a) - (b)(iii) |
Interested Persons/Comments |
|
§953.B(1) - (4)(c) |
Emergency Rule Guidelines |
|
§954.B |
Effective Dates |
|
§963 |
Judicial Review of Rules |
|
§968.D - N |
Oversight Subcommittee Hearings |
|
§969 |
Legislative Repeal of Rules |
|
§970 |
Gubernatorial Repeal of Rules |
|
§971 |
Oversight Subcommittee Rejection =
of
Rules |
|
§972 |
Family Impact Statement |
LEGISLATION
State Legislature
2003 Regular Session
Administrative Procedur= e Act (R.S. 49:950 et seq.)
Editor's Note: The following Act is the finished version of the APA as stored in the House of Representatives' Database.
Title 49. STATE ADMINIST=
RATION
Chapter =
13. 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.
(2) "Agency" means each state board, commission, 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 record after no= tice and opportunity for an agency hearing, and including non-revenue licensing, when the grant, denial, or renewal of a license is required by constitution= or statute to be preceded by notice and opportunity for hearing.
(4) "Party" means each person or agency named or adm= itted 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 attainment 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 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 incl= ude declaratory rulings or orders or any fees.
(7) "Rulemaking" means the process employed by an ag= ency for the formulation of a rule. Except where the context clearly provides otherwise, the procedures for adoption of rules and of emergency rules as provided in R.S. 49:953 shall also apply to adoption of fees. The fact that= a statement of policy or an interpretation of a statute is made in the decisi= on of a case or in an agency decision upon or disposition of a particular matt= er as applied to a specific set of facts involved does not render the same a r= ule within this definition or constitute specific adoption thereof by the agenc= y so as to be required to be issued and filed as provided in this Subsection.
Acts 1995, No. 1057, 1= , eff. June 29, 1995 and Jan. 8, 1996 (1/8/96 date appl= icable to Dept. of Health and Hospitals only); Acts 1997, No. 1224, 1.
NOTE: See Acts 1987, No. 240, 2.
§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 descripti= on of its organization, stating the general course and method of its operations a= nd the methods whereby the public may obtain information or make submissions or requests.
(2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available.
(3) Make available for public inspection all rules, preambles, responses to comments, and submissions and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions and publish an index of such rules, preambles, responses to comments, submissions, statements, and interpretations on a re= gular basis.
(4) Make available for public inspection all final orders, decisions, and opinions.
Acts 1966, No. 382, 2,= eff. July 1, 1967. Amended= 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 rule, the agency shall:
(1)(a) Give notice of its intended action and a copy of the pr= oposed rules at least ninety days prior to taking action on the rule. The notice s= hall include:
(i) A statement of either the terms or substance of the intended action or a description of the subjects and issues involved;
(ii) A sta= tement, approved by the legislative fiscal office, of the fiscal impact of the inte= nded action, if any; or a statement, approved by the legislative fiscal office, = that no fiscal impact will result from such proposed action;
(iii) A statemen= t, approved 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 person within the agency who has the responsibility for respond= ing to inquiries about the intended action;
(v) The time wh= en, the place where, and the manner in which interested persons may present the= ir views thereon; and
(vi) = A statement that the intended action complies with the statutory law administ= ered by the agency, including a citation of the enabling legislation.
(vii) A statement indicating whether the = agency has prepared a preamble which explains the basis and rationale for the inte= nded action, summarizes the information and data supporting the intended action,= and provides information concerning how the preamble may be obtained.
(viii) A statement concerning the im= pact 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 the Lou= isiana 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 w= ill take action on the rule.
(ii) Upon public= ation of the notice, copies of the full text of the proposed rule shall be availa= ble 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 rep= eal any rule and the approved fiscal and economic impact statements, as provided for in this Subsection, shall be mailed to all persons who have made timely request of the agency for such notice, which notice and statements shall be mailed at the earliest possible date, and in no case later than ten days af= ter the date when the proposed rule change is submitted to the Louisiana Regist= er.
(d) For the purpose of timely notice as required by this Para= graph, the date of notice shall be deemed to be the date of publication of the iss= ue of the Louisiana Register in which the notice appears, such publication dat= e 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 opportunity 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 hearing pursuan= t 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 Registe= r 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 submis= sions describing the principal reasons for and against adoption of any amendments= or changes suggested in the written or oral comments and submissions. In addit= ion to the response to comments, the agency may prepare a preamble explaining t= he basis and rationale for the rule, identifying the data and evidence upon wh= ich the rule is based, and responding to comments and submissions. Such preamble and response to comments and submissions shall be furnished to the respecti= ve legislative oversight subcommittees at least five days prior to the day the legislative oversight subcommittee hearing is to be held on the proposed ru= le, 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 response to comments and submissions and preamble, if any, to= any person who presented comments or submissions on the rule and to any request= ing person not later than fifteen days prior to the time of publication of the final rule.
(iii) The agency shall, upon request, make available to inter= ested 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 overs= ight subcommittees.
(3)(a) For the purposes of this Subsection, the statement of f= iscal impact shall be prepared by the proposing agency and submitted to the Legislative Fiscal Office for its approval. Such fiscal impact statement sh= all include a statement of the receipt, expenditure, or allocation of state fun= ds or funds of any political subdivision of the state.
(b) For the purposes of this Subsection, the statement of eco= nomic 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 propos= ed action, including the estimated amount of paperwork; an estimate of the cos= t or economic benefit to all persons directly affected by the proposed 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.
B.(1) If an agency finds that an imminent peril to the public
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 neces=
sary
to avoid sanctions or penalties from the
(2) Notice of the emergency rule shall be mailed to all person= s who have made timely request of the agency for notice of rule changes, which no= tice shall be mailed within five days of adoption of the emergency rule. The off= ice of the state register may omit from the Louisiana Register any emergency ru= le 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 Regis= ter contains a notice stating the general subject matter of the omitted emergen= cy 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 determined= 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 would be adversely affected by such rule or fee and only on the grounds that the rule or fee d= oes not meet the criteria for adoption of an emergency rule as provided 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 emergency r= ule or fee shall remain in effect until such declaratory judgment is rendered. = 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 o= r fee, an oversight subcommittee of either house may conduct a hearing to review t= he emergency rule or fee and make a determination of whether such rule or fee meets the criteria for an emergency rule or fee as provided in Paragraph (1= ) of this Subsection and those determinations as provided in R.S. 49:968(D)(3). If within such time period an oversight subcommi= ttee finds an emergency rule or fee unacceptable, it shall prepare a written rep= ort containing 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 provided in R.S. 49:968(F)(2).
(b) Within sixty days after adoption of an emergency rule 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 wr= itten report as provided in Subparagraph (a) and transmit copies thereof to the agency proposing the rule change and the Louisiana Register no later than f= our days after the governor makes his determination.
(c) Upon receipt by the agency of a report as provided in eit= her Subparagraph (a) or (b) of this Paragraph, the rule or fee shall be nullifi= ed and shall be without effect.
C. An interested person may petition an agency requesting the adoption, amendment, or repeal of a rule. Each agency shall prescribe by ru= le the form for petitions and the procedure for their submission, consideratio= ns, and disposition. Within ninety days after submission of a petition, the age= ncy shall either deny the petition in writing, stating reasons for the denial, = or shall initiate rule making proceedings in accordance with this Chapter.
D. When a rule is adopted, amended, or repealed in compliance = with federal regulations, the adopting agency's notice of intent and the actual = text of the rule as published in the Louisiana Register, must be accompanied 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, amend, 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 Chapter to t= he contrary, if the Department of Environmental Quality proposes a rule that is not identical to a federal law or regulation or is not required for complia= nce with a federal law or regulation, the Department of Environmental Quality s= hall 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 o= nly difference between the proposed rule or set of proposed rules and the corre= sponding 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 proposes a ru= le that is not identical to a corresponding federal law or regulation, or is n= ot required for compliance with a federal law or regulation, the Department 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 inte= nt and shall be published in the Louisiana Register or made available along wi= th the proposed rule as provided in Item A(1)(b)(ii) of this Section. The Department of Environmental Quality may also provide such a summary when proposing a rule identical to a corresponding federal law or regulation 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 proposed rul= e at least sixty days prior to taking action on the rule as provided below. The notice, which may include an explanation of the basis and rationale for the proposed rule, shall include all of the following:
(i) A statement of either the terms or substance of the inten= ded action or a description of the subjects and issues involved.
(ii) A statement that no fiscal or economic impact will resul= t from the proposed rule.
(iii) The name of the person within the department who has responsibility for responding to inquiries about 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 requi= red by R.S. 30:2011(D)(1).
(v) A statement that the intended action complies with the law administered by the department, including a citation of the specific provis= ion, or provisions, of law which authorize the proposed rule.
(b) Notice of the proposed rule shall be published at least o= nce in the Louisiana Register and shall be submitted with a full text of the propo= sed 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 the Louisiana Register.
(d) For the purpose of timely notice as required by this Para= graph, the date of notice shall be deemed to be the date of publication of the iss= ue of the Louisiana Register in which the notice appears, such publication dat= e 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 submissions respec= ting the proposed rule.
(f) The department shall make available to all interested per= sons copies of the proposed rule from the time the notice of its adoption is published in the Louisiana Register.
(g) The department 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 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 department sha= ll 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 t= han fifteen days prior to the time of publication of the final rule.
(h) No later than fifteen days prior to the time of publicati= on of the final rule in the Louisiana Register, the secretary or any authorized assistant secretary of the department shall (i) certify, under oath, 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, the chairman of the House Committee on the Environment, the chairman of the Sen= ate Committee on Environmental Quality, and the office of the state register th= at the proposed rule is identical to a specified federal law or regulation applicable in Louisiana and (ii) furnish the chairman of the Senate Committ= ee on Environmental Quality and the chairman of the House Committee on the Environment the response to comments and submissions required under Subparagraph (g) of this Paragraph, together with a copy of the notice requ= ired under Subparagraph (a) of this Paragraph.
(i) Unless specifically requested, in writing, by the chairma= n of the House Committee on the Environment or the chairman of the Senate Commit= tee 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 t= his Section, shall thereafter apply with respect to the proposed rule.
(j) In the absence of legislative oversight, the proposed rul= e may be adopted by the Department of Environmental Quality no earlier than sixty days, nor later than twelve months, after the official notice of the propos= ed rule was published in the Louisiana Register; provided, however, that the p= roposed 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 Subsecti=
on for
the adoption by the Department of Environmental Quality of rules identical =
to
federal laws or regulations applicable in
G.(1) Prior to or concurrent with publishing notice of any 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 include= s:
(a) A statement identifying the specific risks being addresse= d by the policy, standard, or regulation and any published, peer-reviewed scient= ific literature used by the department to characterize the risks.
(b) A comparative analysis of the risks addressed by the poli= cy, 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 readily 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 secretary complies with the requirements of Paragraph (1) of this Subsection.
(3) This provision shall not apply in those cases where the po= licy, standard, or regulation:
(a) Is required for compliance wit= h a federal law or regulation.
(b) Is identical to a federal law =
or
regulation applicable in
(c) Will cost the state and affected persons less than one mi= llion dollars, in the aggregate, to implement.
(d) Is an emergency rule under Subsection B of this Section.
(4) For purposes of this Subsection, the term "identical&= quot; 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 consi= der 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.
Acts 1966, No. 382, 3,=
eff. July 1, 1967. Amended by Acts 1974, No. 2=
84,
1, eff. Jan. 1, 1975; Acts 1975, No. 73=
0,
1; Acts 1976, No. 279, 1; Acts 1978, No. 252, 1; Ac=
ts
1980, No. 392, 1. Acts 1983, No. 713, 1; Acts 1984, No. 953,
1; Acts 1985, No. 371, 1, eff. =
July
9, 1985; Acts 1986, 1st Ex. Sess., No. 11, ==
479;1,
eff. Jan. 1, 1987; Acts 1987, No. 853, =
1;
Acts 1990, No. 1063, 1; Acts 1990, No. 1085, 1 and =
2, eff. July 31, 1990; Acts 1991, No. 104, 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 compliance with this Chapter. Each rule making agency shall file a certified copy of its rules with the Department of the State Register. No rule, whether adopted before, on, or after January 1, 1975, sh= all 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 adopt= ion a report relative to the proposed rule change is submitted to the appropria= te standing committee of the legislature or to the presiding officers of the respective houses as provided 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 Louis= iana 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 rule 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 date is required by statute or specified in the= rule, the later day is the effective date.
(2) Subject to applicable constitutional or statutory provisio= ns, 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, t= he speaker of the House of Representatives, and the president of the Senate, a= nd the Department of the State Register as provided in R.S. 49:953(B). Such emergency rule shall 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 published in said issue; provided, however, that any emergency = rule so published shall not be effective for a period longer than one hundred tw= enty 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 rul= es known to the persons who may be affected by them.
Acts 1966, No. 382, 4,= eff. July 1, 1967. Amended by Acts 1968, No. 4= 74, 1; Acts 1974, No. 284, 1, eff. = Jan. 1, 1975; Acts 1975, No. 730, 1; Acts 1978, No. 252, 1; Acts 1980, No. 392, 1; Acts 1990, No. 248, 1; Acts 1990, No. 108= 5, 1, eff. July 31, 1990.
§954.1.
A. The Department 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 provis= ions of this Chapter, and all boards, commissions, agencies and departments of t= he executive branch, notwithstanding any other provision of law to the contrar= y. The Louisiana Administrative Code shall also contain all executive orders i= ssued by the governor on or after May 9, 1972, which are in effect at the time the Louisiana Administrative Code is published. The Louisiana Administrative Co= de shall be supplemented or revised as often as necessary and at least once ev= ery two years.
B. The Department of the State Regi= ster shall publish at least once each month a bulletin to be known as the Louisi= ana Register which shall set forth the text of all rules filed during the prece= ding month and such notices as shall have been submitted pursuant to this Chapte= r. It shall also set forth all executive orders of the 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 dige= sts 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 Department of the State Regi= ster shall publish such rules, notices, statements, and other such matters as submitted by the rulemaking agency without regard to their validity. Howeve= r, the State Register may omit from the Louisiana Register or Louisiana Administrative Code any rule the publication of which would be unduly 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 req= uest to state depository libraries free of charge, and to other agencies or pers= ons at prices fixed by the Department of the State Register to recover all or a portion of the mailing and publication costs. Notwithstanding the provision= s 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 Louisi= ana 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 Regi= ster shall prescribe a uniform system of indexing, numbering, arrangement of text and citation of authority and history notes for the Louisiana Administrative Code.
F. The Department of the State Regi= ster may publish advertisements for bids and other legal notices in the Louisiana Register in addition to other publications thereof required by law.
G. The Department of the State Regi= ster is hereby authorized and empowered to promulgate and enforce interagency rules= for the implementation and administration of this Section.
H. The governor shall be the publisher of the Louisiana Administrative Code and Louisiana Register provided for through the Departm= ent 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, 1982; Acts 1988, No. 604, 1, eff. Ju= ly 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
A. All regulatory agencies which have authority to issue or promulgate any general or special rule or regulation, or which issue, monit= or compliance with, or otherwise regulate any permit or license, relative to o= il and gas development, all as defined in this Section, shall index and summar= ize the rules or regulations in a manner which, if the language of the rule or regulation has general applicability to other types of businesses or other situations, plainly state or otherwise indicate:
(1) The extent of their applicability to oil and gas developme= nt.
(2) The types of permits or licenses which will be required, or which may be required, of any entity in the oil and gas development busines= s.
B. Such index and summaries shall be filed with the Office of = the Commissioner of Conservation within the Department of Natural Resources, hereafter referred to as "the commissioner", by December 1, 1992. The commissioner shall make a written acknowledgement of his receipt = of the index and summaries and the date thereof.
C. Any agency required to index and summarize its rules and regulations related to oil and gas development shall also file with the commissioner the information required in Subsection A regarding any agency = rule or regulation which is finally promulgated or adopted after December 1, 199= 2, within twenty days of such final promulgation or adoption, along with an indication of its place in the index and summary previously filed with the commissioner.
D. The commissioner may make a written critique of any submiss= ion of an index and summaries which the commissioner determines to be unclear or confusing as it relates to oil and gas development, which critique shall contain reasons and/or clarifying questions. The agency shall respond to the critique in a form acceptable to the commissioner within twenty days. It is= the intention of this Section that the various departments and offices which ha= ve authority to issue rules and regulations under law retain that authority. T= he commissioner shall only have the authority under this Section to critique submitted indexes and summaries so as to require a satisfactory response to= his written reasons or questions concerning how they relate to oil and gas development.
E. After the commissioner has received and approved all of the indexes and summaries required to be received by December 1, 1992, he shall then proceed to merge and compile the indexes and summaries received so as = to create a Unified Oil and Gas Regulatory Index. The commissioner shall compl= ete the index within six months. Upon completion of such unified index, the commissioner shall proceed to promulgate such index, and any subsequent amendments, in the manner provided for in this Chapter. However, the commissioner shall only make such technical revisions of the index during s= uch procedure as is authorized by the agency which promulgated the original rul= e or regulation.
F. One copy of the Unified Oil and Gas Development Regulatory = Index shall be made available to each of the regulatory agencies and to other per= sons at a reasonable price to be set by the commissioner.
G. Notwithstanding any other law to the contrary, no rule or regulation or permit or license provided for in Subsection A shall be effective, nor shall it be enforced, nor shall its content be considered by= any court or any administrative hearing officer or board or other judicial or quasi-judicial body as a valid administrative construction or interpretatio= n of any law, to the detriment of any applicant for a permit related to oil and = gas development after December 1, 1992, in any civil or criminal action or proceeding if the filing, or the response to a critique by the secretary, of the index and summaries containing such rule or regulation or license or pe= rmit has not been timely made as required in this Section.
H. For purposes of this Section, the following terms shall hav= e the following definitions:
(1) "Index and summaries" means a list of all rules = and regulations in numerical order which have general or specific applicability= to oil and gas development and environmental matters, with accompanying summar= ies indicating how the rule applies to oil and gas development.
(2) "Oil and gas development" means the activity of exploring for, locating, transporting property to an oil or gas well drilli= ng site, and the constructing, operating, or maintaining of the land, equipmen= t, buildings, structures, or other property at such site until the well is completed and capable of producing.
(3) "Permit or license" means any permit, license, variance, registration, compliance schedule, order, or any other grant of r= ight or privilege, or any change, renewal, or extension thereof, relative to oil= and gas development.
(4) "Regulatory agency" means any office or unit of = the Department of Environmental Quality, the Department of Natural Resources, t= he Department of Revenue, the Mineral Board, and the Wildlife and Fisheries Commission or Department.
(5) "Rule or regulation" means any general or special rule, as that term is defined in R.S. 49:951(6), relative to oil and gas development.
Acts 1991, No. 735, 1,=
eff. July 18, 1991; Acts 1992, No. 589, 1,
§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.
§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 notice shall include:
(1) A statement of the time, place, and nature of the hearing;=
(2) A statement of the legal authority and jurisdiction under = which the hearing is to be held;
(3) A reference to the particular sections of the statutes and= rules involved;
(4) A short and plain 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, upon application, a more defi= nite and detailed statement shall be furnished.
C.
D. Unless precluded by law, informal disposition may be made o= f any case of adjudication by stipulation, agreed settlement, consent order, or default.
E. The record in a case of adjudication shall include:
(1) All pleadings, motions, intermediate rulings;
(2) Evidence received 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 proof, objections, and rulings thereon;
(5) Proposed findings and exceptions;
(6) Any decision, opinion, or report by the officer presiding = at the hearing.
F. The 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 copy of the transcript or any part thereof upon payment = of the cost thereof unless the governing statute or constitution provides that= it shall be furnished without cost.
G. Findings 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 w= hich possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. They shall give effect to the rules of privilege recognized by law. Agencies may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. Objections to evidentiary offers may be ma= de and shall be noted in the record. Subject to these requirements, when a hea= ring will be expedited and the interests of the 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 posse= ssion of the agency of which it desires to avail itself, shall be offered and mad= e a part of the record, and all such documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. In case of in= corporation by reference, the materials so incorporated shall be available for examinat= ion by the parties before being received in evidence.
(3) Notice may be taken of judicially cognizable facts. In add= ition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, or 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. T= he 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 Chapter shall have the power to administer oaths= and affirmations, regulate the course of the hearings, set the time and place f= or 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 t= he issues.
(5)(a) Any agency or its subordinate presiding officer shall h= ave 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 t= he party who wishes to subpoena the witness first deposits with the agency a s= um of money sufficient to pay all fees and expenses to which a witness in a ci= vil case is entitled pursuant to R.S. 13:3661 and R.S. 13:3671.
(b) A subpoena issued pursuant to this Section shall be serve= d by any agent of the agency, by the sheriff, by any other officer authorized by= law to serve process in this state, 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 additional compensation from the party who wishes to subpoena such witness = as may be fixed by the agency with reference to the value of the time employed= and the degree of learning or skill required.
(c) Whenever 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 t= he 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 <= span class=3DSpellE>contempts, to enforce obedience to the requirements o= f the summons and to punish such person for his default or disobedience.
(6) The agency or a subordinate presiding officer or any party= to a proceeding before it may take the depositions of witnesses, within or witho= ut the state and may conduct discovery in all manners as provided by law in ci= vil actions. Depositions so taken and admissions, responses, and evidence produ= ced pursuant to discovery shall be admissible in any proceeding affected by this Chapter. The admission of such depositions, admissions, responses, and evid= ence 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 Acts 1995, No. 760, 2, eff. June 27, 1995.
(8)(a) Records 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 subj= ect to subpoena by any person or other state or federal agency.
(b) Such records or documents shall only include any private contracts, geological and geophysical information and data, trade secrets a= nd commercial or financial data, which are obtained by an agency through a voluntary agreement between the agency and any person, which said records a= nd 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 violation of this prohibition shall be a waiver of governmental immunity from suit for damage resulting from any such disclosu= re.
(d) Notwithstanding 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 attorney acting on its behalf in any adjudication proceedings of such agency, provided that in any case involving medical or patient records, the identity of any patient shall be maintained in confidence. Any such records shall be altered so as to prevent the disclosure of the identity of the patient to whom such records or testi= mony relates. Disclosure by such board or agency or any officer, employee, agent= , or attorney acting on behalf of any of them, of any 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 fr= om suit for damages resulting from such disclosure. Such boards and agencies, including their officers, employees, agents, and attorneys, shall neverthel= ess assert any privilege which is recognized and applicable under federal law w= hen responding to any such federal subpoena.
Acts 1966, No. 382, 6,= eff. July 1, 1967. Amended by Acts 1976, No. 5= 24, 1, eff. Aug. 5, 1976; Acts 1989, No. 15= 6, 1; Acts 1995, No. 760, 1, 2, e= ff. June 27, 1995; Acts 1999, No. 416, 1; Acts 1999, No. 765, 1= .
§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 supported by and in accordance with the reliable, probative, = and substantial evidence. The parties by written stipulation may waive, and the agency in the event there 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 decision or order in a case of adjudication shall be subj= ect 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 t= he evidence;
(2) The party has discovered since the hearing evidence import= ant to the issues which he could not have with due diligence obtained before or du= ring the hearing;
(3) There is a showing that issues not previously considered o= ught to be examined in order properly to dispose of the matter; or
(4) There is other good ground for further consideration of the issues and the evidence in the public interest.
B. The petition of a party for rehearing, reconsideration, or review, and the order of the agency granting it, shall set forth the grounds which justify such action. Nothing in this Section shall prevent rehearing, reopening or reconsideration of a matter by any agency in accordance with o= ther statutory provisions applicable to such agency, or, at any time, on the gro= und 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 heard 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 fr= om 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 required for the disposition of ex parte matters authorized by law, members or employees 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 hearing shall not communicate, direct= ly 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 subordinate deciding officer or agency member shall withd= raw from any adjudicative proceeding in which he cannot accord a fair and impar= tial hearing or consideration. Any party may request the disqualification of a subordinate deciding officer or agency member, on the ground of his inabili= ty to give a fair and impartial hearing, by filing an affidavit, promptly upon discovery of the alleged disqualification, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue 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 officer, 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 p= lace of the disqualified member in that proceeding. In further action, after the disqualification of a member of an agency, the provisions of R.S. 49:957 sh= all 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 Chap= ter concerning adjudication shall apply.
B. When a licensee 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 existing license shall not expire until the applicat= ion 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 seek= ing review of the agency order or a later date fixed by order of the reviewing court.
C. No revocation, suspension, annulment, or withdrawal of any = license is lawful unless, prior to the institution of agency proceedings, the agency gives notice by mail to the 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 public 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 1995, No. 947, 6,
§962.1. Judicial review, rule to show cause for permit applicants
A. If the secretary does not grant or deny a permit, license, registration, variance, or compliance schedule for which the applicant had applied within the time period as provided 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 mot= ion in a court of competent jurisdiction, to take a rule on the secretary to sh= ow cause in not less than two nor more than thirty days, exclusive of holidays, why the applicant should not be granted the permit, license, registration, variance, or compliance schedule for which the applicant had applied. The r= ule may be tried out of term and in chambers.
B. In any trial 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 a= re true. The rule of the applicant shall be denied by the court only if the secretary provides clear and convincing evidence of an unavoidable cause 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 rule is made absolute, the order rendered thereon sh= all be considered a judgment in favor of the applicant granting the applicant the permit, license, registration, variance, or compliance schedule for which t= he applicant had applied.
D. The provisions of Subsections A, B, and C of this Section s= hall not apply to permit applications submitted under the Louisiana Pollutant Discharge Elimination System (LPDES) program under the Louisiana Department= of Environmental Quality.
Acts 1991, No. 828, 2;= Acts 1995, No. 601, 2.
§963. &n= bsp; Judicial review of validity or applicability of rules
A.(1) 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 agency is located.
(2) The agency shall be made a party to the action.
B.(1) If, before the date set for h= earing, application is made to the court for leave to present 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 failure to present it in the proceeding before the agency, the court may order that the additional evide= nce be taken before the agency upon conditions determined by the court.
(2) 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.
C. The court 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 procedures.
D. An action for a declaratory judgment under this Section may= be brought only after the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question and only upon a showing t= hat review of the validity and applicability of the rule in conjunction with re= view of a final agency decision in a contested adjudicated case would not provid= e an adequate remedy and would inflict irreparable injury.
E. Upon 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 su= ch measure has not been properly adopted and promulgated pursuant to this Chap= ter, the court shall 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 1991, No. 639, 1,
§964. &n= bsp; Judicial review of adjudication
A.(1) Except as provided in R.S. 15= :1171 through 1177, a person who is aggrieved by a final decision or order in an adjudication proceeding is entitled to judicial review under this Chapter whether or not he has applied to the agency for rehearing, without limiting, however, utilization of or the scope of judicial review available under oth= er means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is immedia= tely reviewable if review of the final agency decision would not provide an adeq= uate remedy and would inflict irreparable injury.
(2) No agency or official thereof, or other person acting on b= ehalf of an agency or official thereof shall be entitled to judicial review under this Chapter.
B. Proceedings for review may be instituted by filing a petiti= on in the district court of the parish in which the agency is located within thir= ty 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. Copi= es of the petition shall be served upon the agency and all parties of record.<= /p>
C. The filing 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 w= ith the local rules of the reviewing court pertaining to injunctive relief and = the issuance of temporary restraining orders.
D. Within thirty days after the service of the petition, or wi= thin further time allowed by the court, the agency shall transmit to the reviewi= ng court the original or a certified copy of the entire record of the proceedi= ng 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 may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
E. If, before the date set for hearing, application is made to= the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure 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 t= hat evidence and any modifications, new findings, or decisions with the reviewi= ng court.
F. The review shall be conducted by the court without a jury a= nd 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, upon request, shall hear oral argument and receive written briefs.
G. The court may affirm the decision of the agency or remand t= he case for further proceedings. The court may reverse or modify the decision = if substantial rights 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 unlawful procedure;
(4) Affected by other error of law;
(5) Arbitrary or capricious or characterized by abuse of discr= etion or clearly unwarranted exercise of discretion; or
(6) Not supported and sustainable by a preponderance of eviden= ce as determined by the reviewing court. In the application of this rule, the cou= rt 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 entire= ty upon judicial review. In the application of the rule, where the agency has = the opportunity to judge 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) Repealed by Acts 2002, 1st Ex. Sess., No. 89, 3, eff. April 18, 2002.
Acts 1966, No. 382, 14, eff. July 1, 1967; Acts 1995, No. 1105, 1, eff. June 29, 1995; Acts 1997, No. 128, 1, eff. June 12, 1997; Acts 1997, No. 1216, 2; Acts 1997, No. 1224, = ;1; H.C.R. No. 89, 1997 R.S., eff. June 2, 1997; Ac= ts 1999, No. 1332, 1, eff. July 12, 1999; = Acts 2002, 1st Ex. Sess., No. 89, 3, eff. April 18, 2002.
NOTE: See Acts 1995, No. 1105, 2.
NOTE: See Acts 1997, No. 128, 2 rel= ative to applicability of Act.
NOTE: See Acts 1999, No. 1332, 2 re=
lative
to the remedial nature of Act.
§964.1. Judicial review; attorney fees; court costs; report
A. If an agency or official thereof, or other person acting on behalf of an agency or official thereof, files a petition for judicial revi= ew of a final decision or order in an adjudication proceeding and such agency, official, or person does not prevail in the final disposition of the judici= al review, the agency shall be responsible for the payment of reasonable attor= ney fees and court costs of the other party.
B. Notwithstanding any provision of R.S. 13:4521 to the contra= ry, an agency or official thereof, or other person acting on behalf of 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 co= urt costs.
C. All payments for litigation expenses required by this Secti= on shall be paid from the agency's regular operating budget. Each agency which= has paid such litigation expenses shall submit a detailed report of all such payments from the prior fiscal year to its legislative oversight committees= and to the Joint Legislative Committee on the Budget no later than November fifteenth of each year. For the purposes of this Subsection and of R.S. 49:992(H), the term "litigation expenses" shall mean court costs = and attorney fees of the agency and of any other party if the agency was requir= ed to pay such costs and fees.
Acts 2003, No. 1271, 1= , eff. July 11, 2003.
§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 small 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 rev= iew of an adverse declaratory order or ruling, or (4) judicial review of a final decision or order in an adjudication proceeding, the petition may include a claim against 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 ac= tion when, in the final disposition, its position with respect to the agency rul= e or declaratory order or ruling is maintained, or when there is no adjudication, stipulation, or acceptance of liability on its part. However, a small busin= ess 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 office= r, agent, or employee of the agency and was dismissed by the agency on a findi= ng of no cause for the action or settled without a finding of fault on the par= t of the small business.
C. An agency shall pay any award made against it pursuant to t= his 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 legislatur= e a report of all such awards paid during the previous fiscal year.
D. As used in this Section:
(1) "Reasonable litigation expenses" means any expen= ses, 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 incurred in both the administrative proceeding= and the judicial proceeding, fees and expenses of expert or other witnesses, and attorney fees.
(2) "Small business" means a small business as defin= ed by the Small Business Administration, which 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, &= #61479;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 or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Notwithstan= ding 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 tho= se contained in Sections 953, 954, 954.1 and 968 of this Title are hereby superseded by the provisions of this Chapter and are repealed. Except as otherwise required by law, all requirements or privileges relating to evide= nce or procedure shall apply equally to agencies and persons. Every agency is granted all authority necessary to comply with the requirements of this Cha= pter through the issuance of rules or otherwise.
B. If any provision 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 expressly.
C. The courts 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 Statutes of= 1950 shall not be applicable to the Board of Tax Appeals, the Department of Reve= nue, with the exception of the Louisiana Tax Commission that shall continue to be governed by this Chapter in its entirety, unless otherwise specifically 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 applicable 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.(1) The provisions of R.S. 49:968 shall not apply to any rul= e or regulation promulgated by the Department of Wildlife and Fisheries or the Wildlife and Fisheries Commission relative to hunting seasons, trapping seasons, alligator seasons, shrimp seasons, oyster seasons, finfish seasons= and size limits, and all rules and regulations pursuant thereto. The Department= of Wildlife and Fisheries and the Wildlife and Fisheries Commission may employ= the provisions of R.S. 49:953(B) in promulgating rules and regulations relative= to hunting seasons, trapping seasons, alligator seasons, shrimp seasons, oyster seasons, and finfish seasons and size limits, and all rules and regulations pursuant thereto.
(2) Those rules adopted annually pursuant to this Subsection b= y the Department of Wildlife and Fisheries which open and close the offshore and = fall shrimp seasons, the oyster season, the marine finfish seasons, the webless migratory game bird hunting season, and the trapping season shall be effective for a period of time equal to the length= of the respective season.
Acts 1983, No. 409, 2.= Acts 1984, No. 244, 1; Acts 1985, No. 869, 1, eff. July 23, 1985; Acts 1986, No. 494, 1; Ac= ts 1990, No. 248, 1; Acts 1992, No. 53, 1; Acts 1997, No. 1172, 9, eff. June 30, 1997; Acts 1997, No. 1= 484, 1, eff. July 16, 1997.
§968. &n= bsp; Review of agency rules; fees
A. It is the declared purpose of this Section to provide a pro= cedure whereby the legislature may review the exercise of rule-making authority and the adoption, increasing, or decreasing of fees, extensions of the legislat= ive lawmaking function, which it has delegated to state agencies.
B. Prior to the adoption, amendment, or repeal of any rule 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 intended act= ion 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 t= he committee's office in the state capitol by certified mail with return recei= pt requested or by messenger who shall provide a receipt for signature. The re= turn receipt or the messenger's receipt shall be proof of receipt of the report = by the committee.
(1) The Department of Economic Development, all of the agencie= s made a part of it, and those agencies transferred to or placed within the office= of the governor pursuant to R.S. 36:4(V) and 4.1 shall submit the report to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs.
(2) Corrections services of the Department of Public Safety and Corrections and all the agencies of the department related to corrections a= nd concealed weapons and concealed weapon permits, except as otherwise provide= d in this Subsection, the Louisiana State Board of Private Security Examiners, a= nd the gaming enforcement section of the office of state police within the Department of Public Safety and Corrections shall submit all reports other = than reports on proposed rule changes affecting prison enterprise programs, to t= he House Committee on Administration of Criminal Justice and the Senate Commit= tee on Judiciary, Section C; however, the Crime Victims Reparation Board shall submit the report to the House Committee on the Judiciary and the Senate Committee on the Judiciary, Section B.
(3) The Department of Culture, Recreation and Tourism and 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, Consumer Protection,= and International Affairs.
(a) The of= fice of the state library, the office of the state museum, the State Board of Libra= ry Examiners, the Louisiana Archaeological Survey and Antiquities Commission, = the Board of Directors of the Louisiana State Museum, the Board of Commissioner= s of the State Library of Louisiana, the Louisiana State Arts Council, the Louis= iana State Capitol Fiftieth Anniversary Commission, and the Louisiana National Register Review Committee shall submit the report to the House Committee on Municipal, Parochial and Cultural Affairs and the Senate Committee on Education.
(b) The of= fice 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 Natural Resources.
(c) The of= fice of tourism and promotion, the Louisiana Tourist Development Commission, and the Mississippi River Road Commission shall submit the report to the House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection, and International Affairs.
(4) The Dep= artment of State and all of the agencies made a part of it shall submit a report to= the House Committee on House and Governmental Affairs and the Senate Committee = on Senate and Governmental Affairs.
(5) The Dep= artment of Labor and all of the agencies made a part of it shall submit the report = to the House Committee on Labor and Industrial Relations and the Senate Commit= tee on Labor and Industrial Relations.
(6) The Dep= artment 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 Committee on Transportation, Highways and Public Works. The department shall also submit to the standing committees any poli= cies or priorities developed for the expenditure or distribution of any monies f= rom the Transportation Trust Fund as created by Article VII, Section 27 of the Constitution of Louisiana. The policies and priorities shall be submitted f= or review purposes only.
(7) Repeale= d by Acts 2001, No. 451, 5, eff. Jan. 12, 20= 04.
(8) The Dep= artment of Justice and all of the agencies made a part of it shall submit the repor= t to the House Committee on the Judiciary and the Senate Committee on the Judici= ary, Section C.
(9) The Dep= artment of Civil Service and all of the agencies made a part of it shall submit the report to the House Committee on House and Governmental Affairs and the Sen= ate Committee on Senate and Governmental Affairs.
(10) The Department of = Revenue and 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 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 Adminis= tration of Criminal Justice 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 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 the Environment and the Senate Committee on Environmental Qual= ity.
(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 t= he House Committee on Commerce and the Senate Committee on Commerce, Consumer Protection and International Affairs.
(13) The Department 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 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 agencies= made a part of it, except as otherwise provided in this Paragraph, shall submit = the report to the House Committee on Appropriations and the Senate Committee on Finance.
(b) Each retirement system made a part of the Department of t= he Treasury shall submit the report to the House Committee on Retirement and t= he Senate Committee on Retirement.
(16) The Department of Health and Hospitals and all of the age= ncies 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 Social Services and all of the 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.
(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 agencies = made a part of it shall submit the report to the House Committee on Commerce and t= he Senate Committee on Commerce, Consumer Protection, and International Affair= s.
(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 agency for which provisions= are not otherwise made in this Subsection, shall submit the report to the speak= er 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 secreta= ry of state are exempt from the provisions of this Chapter. The speaker of the House of Representatives and the president of the Senate shall promptly for= ward the report to the appropriate standing committee of their respective houses= .
(b) The Louisiana Workforce Commission shall submit the repor= t to the House Committee on Labor and Industrial Relations and the Senate Commit= tee on Labor and Industrial Relations.
(c) The Office of Group Benefits shall submit the report to t= he House Committee on Appropriations and the Senate Committee on Finance.
(22) The Department of Environmental Quality and all of the ag= encies made a part of it shall submit the report to the House Committee on the Environment and the Senate Committee on Environmental Quality.
(23) The Louisiana Sentencing Commission shall submit the repo= rt 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, amendme= nt, 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 coded with any new rul= e 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-throu= gh type.
(2) A statement of the proposed action, that is, whether the r= ule 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 cha= nge in the rule if proposed for amendment.
(3) The specific citation of the enabling legislation purporti= ng 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 adoption, 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 action an= d a statement of the economic impact of the proposed action, both approved by t= he Legislative Fiscal Office.
D.(1)(a) The chairman of each standing committee to which repo= rts 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 hearing sh= all 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 subcommittee, 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 pursu= ant 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 r= ule 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 statement of the pr= incipal reasons for and against adoption of any amendments or changes suggested.
(2)(a) Except as provided in Paragraph H(2) of this Section, a= ny subcommittee hearing on a proposed rule shall be held no earlier than five = 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 memb= ership of the standing committee and shall consist of at least a majority of the membership of the standing committee, at the discretion of the chairman 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 purpos= es 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 sh= all be made by the respective subcommittees of each house acting separately. Actio= n by a subcommittee shall require the favorable vote of a majority of the member= s of the subcommittee who are present and voting, provided a quorum is present.<= /p>
(b) No later than three weeks before the deadline for legisla= tive oversight action, the chairman of the subcommittee may request, by letter, = the consent of the subcommittee members to have a mail ballot instead of a meet= ing to consider a proposed rule or proposed fee action. If no objection is rece= ived within ten days of the chairman's request, the chairman 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 fee 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 Sec= tion.
(2) Failure of a subcommittee to conduct a hearing or to make a determination regarding any rule proposed for adoption, amendment, or repeal shall not affect the validity of a rule otherwise adopted in compliance with this Chapter.
F.(1) If either the House or Senate oversight subcommittee 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 amount = of the proposed fee action.
(b) A summary of the determinations made by the subcommittee = in accordance with Subsections D and E of this Section.
(2) The written report shall be delivered to the governor, 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 govern= or shall have ten calendar days in which to disapprove the action taken by the subcommittee. If the action of the subcommittee is not disapproved by the governor within ten calendar days from the day the subcommittee report is delivered to him, the rule change shall not be adopted by the agency until = 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 determin= ed to be unacceptable by an oversight committee and such determination is not disapproved by the governor as provided in this Section, the agency shall n= ot 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 Section nor more than = once during the interim between regular sessions of the legislature.
H.(1) If both the House and Senate oversight subcommittees fai= l to find a proposed rule change unacceptable as provided herein, or if the gove= rnor disapproves the action of an oversight subcommittee within the time provide= d 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 changes or with cha= nges suggested by the subcommittee, provided at least ninety days and no more th= an twelve months have elapsed since notice of intent was published in the State Register.
(2) Substantive changes to a rule proposed for adoption, amend= ment, or repeal occur if the nature of the proposed rule is altered or if such changes affect additional or different substantive matters or issues not included in the notice required by R.S. 49:953(A)(1). Whenever an agency se= eks to substantively change a proposed rule after notice of intent has been 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 hear= ing shall be mailed within ten days after the date the announcement is submitte= d to the Louisiana Register to all persons who have made request of the agency f= or 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 Sectio= n. 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 th= is Section, shall be made no earlier than five days and no later than thirty d= ays following the day the report required by this Paragraph is received from the agency.
(3) If a rule or part of a rule that is severable from a large= r rule or body of rules proposed as a unit is found unacceptable, the rules or par= ts 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 repo= rt 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 report sha= ll contain a statement of the action taken by the agency with respect to adopt= ion, amendment, or repeal of each rule proposed for adoption, amendment, or repe= al 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 committee, 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 regular ses= sion of the legislature, a standing committee to which proposed rule changes or proposed fee changes are submitted may submit a report to the legislature. = This report shall contain a summary of all action taken by the committee 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 agency, particularly in statutes authorizing the making and promulgation of rules and fees of the agency.
N. A standing committee may, at any time, exercise the powers 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, eff. Ju=
ne 14,
1991; Acts 1991, No. 938, 5; Acts 1992, No. 377, 4, eff. June 17, 1992; Acts 1992, No. 447, 3,
NOTE: See Acts 1999, No. 568, ɦ=
79;5
and 7.
NOTE: See Acts 2001, No. 300, 5.
NOTE: See Acts 2001, No. 451, 8(A) relative to effective date.
§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 Resolu= tion, 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 Louisiana 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. 1109, ᠃=
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, a= gency, board or commission, except as provided in R.S. 49:967, within thirty days = of their adoption. Upon the execution of such an order, the governor shall 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) 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, t= he agency proposing the fee adoption, increase, or decrease, and the other hou= se 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 fe= e or a fee change or an emergency fee or an emergency fee change that is the sam= e or substantially similar to the disapproved fee action nor shall the agency ad= opt an emergency fee or fee change that is the same or substantially similar to the disapproved fee action 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 state 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 expressly authorized pursuant to a fee sche= dule 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 perso= n in the previous fiscal year. Proposed fee increases of less than five percent shall be subject to oversight as required by R.S. 49:968.
(4)(a) The provisions of Paragraph (3) of this Subsection shal= l 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 sta= te.
(b) The provisions of Paragraph (3) of this Subsection shall = not apply to any state professional and occupational licensing boards.
B. Action by a subcommittee shall require the favorable vote o= f a majority of the members of the subcommittee who are present and voting, provided a quorum is present.
Acts 1987, No. 240, 1; Acts 1995, No. 1005, 1, eff. Aug. 15, 1995; Acts 1995, No. 1= 057, 1, eff. June 29, 1995, and Jan. 8, 1996 (1/8/96 date is applicable to Dept. of Health and Hospitals only).
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 sta= te agency shall consider and state in writing the impact of such rules on fami= ly formation, stability, and autonomy. This written consideration shall be kno= wn as the "family impact statement".
B. The family impact statement will consider and respond in wr= iting 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 regardin= g 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 of the family or a local government to perform= the function as contained in the proposed rule.
C. All family impact statements must be in writing and kept on= file in the state agency which 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 related by blood, marriage, or adoption who live toget= her as a single household.
Acts 1999, No. 1183, 1.
Chapter 13-A. Revision
of
§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
A. Up= on receipt of any rules promulgated under the Administrative Procedure Act, the office of the state register shall prepare the "Louisiana Register&quo= t;, containing the rules to be promulgated in the Louisiana Administrative Code= as they may have been amended or repromulgated and omitting therefrom those sections that have 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 public nature, assigning to these rules an appropriate title, p= art, chapter, and section number, and indicating the statutory authority of the rules from which they are taken.
B. Wh= en a conflict 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 register shall so notify the secretary of the department or administrative officer charged with the promulgation of the rule prior to preparing the Louisiana Administrative Code. The secretary or administrative officer shall be notified of the proposed correction. If no written disappr= oval of the secretary or administrative officer, or his designee, of the proposed correction is received by the office of the state register within seven days after the secretary or administrative officer receives the notice, the offi= ce of the state register shall then direct the printer to incorporate into the Louisiana Administrative 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 preparing 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 sections or divide sections so as to give to dist= inct subject matters a separate section number, but without changing the meaning= .
(3) Insert or change the wording of headn= otes.
(4) Change reference numbers to agree with renumbered parts, chapters, or sections.
(5) Substitute the proper section, chapter, or part number for= the terms "this part", "the preceding section", and the lik= e.
(6) Strike out figures where they are merely a repetition of w= ritten words and vice-versa.
(7) Change capitalization for the purpose of uniformity.
(8) Correct manifest typographical and grammatical errors.
(9) Make any other purely formal or clerical changes in keepin= g with the purpose of the revision.
B. The office of the state register shall notify the secretary= or administrative officer charged with promulgation of the rule prior to making any proposed revision authorized by this Section. If no written disapproval= of the secretary or administrative officer, or his designee, of the proposed revision is received by the office of the state register within seven days after the secretary or administrative officer receives the notice, the offi= ce 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 ite= ms, 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 offic= e 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 e= xtent necessary to place all of them in consistent order.
B. The office of the state register shall notify the secretary= or administrative officer charged with promulgation of the rule prior to making any proposed revision authorized by this Section. If no written disapproval= of the secretary or administrative 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.
C. This requirement is in addition to any other authority gran= ted to the office of the state register in the preparation of the Louisiana Regist= er 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 correctness; 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
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. &nb=
sp; 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 1997, No. 1162, 2, eff. July 1, 1998; Acts 2003, No. 956, 1, eff. July 1, 2003.
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 adjudicat= ions as defined by that Act.
(2) On and after October 1, 1996, the division shall commence = and handle all adjudications in the manner required by the Administrative Proce= dure Act provided that the provisions of that Act are not inconsistent with the provisions of this Chapter.
B.(1) Notwithstanding any other pro= vision of the law to the contrary except as provided by R.S. 49:967 and the provis= ions of this Section, all adjudications shall be resolved exclusively as require= d by the provisions of this Chapter and the Administrative Procedure Act.
(2) In an adjudication commenced by the division, the administ= rative law judge shall issue the final decision or order, whether or not on rehear= ing, and the agency shall have no authority to override such decision or order.<= /p>
(3) Nothing in this Section shall affect the right to or manne= r of judicial appeal in any adjudication, irrespective of whether or not such adjudication is commenced by the division or by an agency. However, no agen= cy or official thereof, or other person acting on behalf of an agency or offic= ial thereof, shall be entitled to judicial review of a decision made pursuant to this Chapter.
C. The positions appointed by the director pursuant to this Ch= apter shall be in the classified service.
D.(1) Except as provided in Paragra= phs (2) through (8) of this Subsection, the provisions of this Chapter shall apply = to any board, commission, department, or agency of the executive branch of sta= te government.
(2) Any board, commission, department, or agency which is requ= ired, 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.
(3) The office of workers' compensation administration in the Department of Labor shall be exempt from the provisions of this Chapter.
(4) The office of regulatory services in the Department of Lab= or 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 Chapter 1 and 7 of Subtitle 1 of Title 30 of the Louisiana Revised Statutes, except determinations of violations of laws, ru= les, regulations and orders, and determinations of penalties for such violations, shall be exempt from the provisions of this Chapter.
(8) The Public Service Commission and any entity which by law = has its adjudications handled by the Public Service Commission shall be exempt = from the provisions of this Chapter.
E. In the event that a person files a civil action to require = that a state department, division, office, agency, board, commission, or other ent= ity of state government conduct an adjudication as required by this Chapter 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 adjudicat= ions as defined in the Administrative Procedure Act pursuant to the Procurement Code.
G. Any board or commission authorized by law to conduct hearin= gs may continue to hold such hearings.
H.(1) If an agency or official ther= eof, 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 fin= al disposition of the judicial review, the agency shall be responsible for the payment of reasonable attorney fees and court costs of the other party.
(2) Notwithstanding any provision of R.S. 13:4521 to the contr= ary, an agency or official thereof, or other person acting on behalf of an agenc= y 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 co= urt costs.
(3) All payments for litigation expenses required by this Subs= ection shall be paid from the agency's regular operating budget. Each agency which= has paid such litigation expenses shall submit a detailed report of all such payments from the previous fiscal year to its legislative oversight committ= ees and to the Joint Legislative Committee on the Budget no later than November fifteenth of each year.
Acts 1995, No. 739, 2, eff. Oct. 1, 1996; Acts 1997, 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. 1271, 1, eff. July 11, 2003.
NOTE: See Acts 1995, No. 947, 8 and= No. 739, 3, 4.
NOTE: See Acts 1999, No. 1332, 2 re= lative to the remedial nature of Act.
§993. &n= bsp; Definitions; rules
A. The definitions for terms as provided by R.S. 49:951 shall = apply to such terms used in this Chapter.
B. The division may promulgate rules according to the Administ= rative Procedure Act to insure compliance with the provisions of this Chapter.
Acts 1995, No. 739, 2,=
eff. Oct. 1, 1996; Acts 2003, No. 956, 1,
NOTE: See Acts 1995, No. 947, 8 and= No. 739, 3, 4.
§994. &n= bsp; Administrative law judges
A. The director of the division shall employ the administrativ= e law judges for the division, each of whom shall have the following qualificatio= ns:
(1) An administrative law judge shall be a resident of
(2) An administrative law judge shall be licensed to practice =
law in
(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 the div= ision.
C. Notwithstanding the provisions of this Section, all persons 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 shall be employed as an administrative law judge who does not meet the requirements = of this Section.
D. The administrative law judge shall have the authority to:
(1) Regulate the adjudicatory proceedings assigned to him.
(2) Issue such decisions and orders as are necessary to promot= e a fair, orderly, and prompt adjudication.
(3) Exercise those powers vested in the presiding officer in t= he 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 subpo= enaed necessary witness has been called to service in the uniformed services as d= efined in R.S. 29:403, including but not limited to a proceeding pursuant to R.S. 32:667.
Acts 1995, No. 739, 2, eff. Oct. 1, 1996; Acts 2001, No. 84, 1; Acts 2001, 2nd Ex. Sess., No. 7, 2, eff. Oct. 16, 2001; Acts 2003, No. 956, 1, eff. July 1, 2003.
NOTE: See Acts 1995, No. 947, 8 and=
No.
739, 3, 4.
§995. &n= bsp; Director
A. The governor shall appoint, and the Senate shall confirm, a director for the division, who shall have the following qualifications:
(1) The director shall be a resident of
(2) The director shall be licensed to practice law in
(3) The director shall have been engaged in the actual practic= e of law for at least five years prior to his appointment.
B.(1) The director shall serve a si= x-year term and may be reappointed and confirmed for subsequent six-year terms wit= hout limitation.
(2) If a vacancy occurs during the director's term, the govern= or shall appoint a successor to fill the remainder of the vacant term.
(3) The first director 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 director 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; Acts 2003, No. 956, 1,
NOTE: See Acts 1995, No. 947, 8 and=
No.
739, 3, 4.
§996. &n= bsp; Duties of the director
The director of the division shall take the following actions:=
(1) Administer and cause the work of the division to be perfor= med in such a manner and pursuant to such a program as may be appropriate.
(2) Organize the division into such sections as may be appropr= iate.
(3) Assign administrative law judges as appropriate to perform duties vested in or required by the division.
(4) Develop and maintain a program for the continual training = and education of administrative law judges and agencies in regard to their responsibilities under this Chapter and the Administrative Procedure Act.
(5) Secure, compile, 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 uniform standards, rules of evidence, and procedur= es, including but not limited to standards for determining whether or not a sum= mary or ordinary hearing should be held, to regulate the conduct of adjudication= s.
(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 agencies in the preparation, consideration, publica= tion, and interpretation of rules as appropriate pursuant to the Administrative Procedure Act.
(10) Employ the services of the several agencies and their emp= loyees in such manner and to such extent as may be agreed upon by the director and= the chief executive officer of such agency.
Acts 1995, No. 739, 2, eff. Oct. 1, 1996; Acts 2003, No. 956, 1, eff. July 1, 2003; Acts 2003, No. 1056, 1.
NOTE: See Acts 1995, No. 947, 8 and=
No.
739, 3, 4.
§997. &n= bsp; Program of judicial evaluation
A. The director shall develop and implement a program of judic= ial evaluation to aid in the performance of his duties.
B. The judicial evaluation shall focus on three areas of judic= ial performance including competence, productivity, and demeanor. It shall incl= ude consideration of the following:
(1) Industry and promptness in adhering to schedules.
(2) Tolerance, courtesy, patience, attentiveness, and self-con= trol in dealing with litigants, witnesses, and counsel and in presiding over adjudications.
(3) Legal skills and knowledge of the law and new legal developments.
(4) Analytical talents and writing abilities.
(5) Settlement skills.
(6) Quantity, nature, and quality of caseload disposition.
(7) Impartiality and conscientiousness.
C. The director shall develop standards and procedures for the judicial evaluation which shall include taking comments from randomly selec= ted litigants and lawyers who have appeared before the administrative law judge under evaluation.
D. The judicial evaluation shall include a review of the metho= ds used by the administrative law judge. The judicial evaluation shall not inc= lude a review of any result as determined by an administrative law judge in any adjudication.
E. Before implementing any action based on the findings of the judicial evaluation, the director shall discuss the findings and the propos= ed action with the affected 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; Acts 2003, No. 956, 1,
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 f= or the prehearing conference.
C. The administrative law judge shall give reasonable notice o= f the prehearing conference to all parties.
D. The prehearing conference may b= e 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 presentation of evidence and cross-examination.
(7) Rulings regarding issuance of subpoenas and protective ord= ers.
(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 conduc= t 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, incorpora= ting the matters determined at the prehearing confer= ence.
F. An administrative law judge assigned to render a decision o= r to make findings of fact and conclusions of law in a case of adjudication noti= ced and docketed for hearing shall not communicate, directly or indirectly, in connection with any issue of fact or law, with any party or his representa&= shy;tive, 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; Acts 2003, No. 956, 1,
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 practice of law in Louisiana.
B.(1) Any party may request the disqualification of an administrative law judge by filing 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 alternative= ly, he may hold a preliminary hearing at least ten calendar days prior to the hearing date for the purpose of receiving evidence relating to the grounds alleged for disqualification.
Acts 1995, No. 739, 2,=
eff. Oct. 1, 1996; Acts 2003, No. 956, 1,
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; Acts 200= 3, No. 956, 1, eff. July 1, 2003.
Part B.
Suspension and Revocation of License or
Permit for Felonious Activity
§999.21. Suspension and ultimate revocation = of license or permit; felony conviction
A. As used in this Part, the following terms shall have the following definitions:
(1) "Enforcing authority" means any of the following= who have authority to enforce the provisions of this Part:
(a) The issuing 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 name 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 entity 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 Statutes of 1950.
B. Notwithstanding any other provision of law to the contrary,= and in addition to any other sanction or penalty which may be imposed, any lice= nse or permit issued by any issuing agency may be suspended and ultimately revo= ked in accordance with the procedures provided for in this Part if the natural person who is the holder of such permit or license, the natural person who = owns in excess of fifty percent of an entity which holds the license or permit, = or the natural person who is the chief executive officer of an entity which ho= lds the license or permit has been convicted of, or has entered a plea of guilt= y or nolo contendere to,= any crime which is a felony under state or federal law related to obtaining or keeping the license or permit.
C. The license or permit may be suspended and its revocation s= hall be recommended to the courts by the issuing agency which has issued the lic= ense or permit upon its determination in the manner provided for in this Part th= at a person provided for in this Section has been convicted of, or has entered a plea of guilty or nolo con= tendere to, a felony under state or federal law related to obtaining or keeping the license or permit.
D. Such license or permit shall be revoked upon a final judgme= nt by a court that the action of the issuing agency in suspending the license was= in accord with the facts and law.
Acts 1997, No. 1162, 1=
, eff. July 1, 1998; Acts 2003, No. 956, 1,
§999.22. Enforcing authority; initiation of = action
A. Any enforcing authority may bring an action against the hol= der 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 authority obtains knowledge that the natural person who is the ho= lder 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 enforcing 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 t=
he
holder of the license or permit, the person alleged to have been convicted =
of,
or to have entered a plea of guilty or nolo
Acts 1997, No. 1162, 1=
, eff. July 1, 1998; Acts 2003, No. 956, 1,
§999.23. Hearing before the issuing agency
A. An action to enforce the provisions of this Part shall be initiated by written application made by the enforcing authority to the iss= uing agency issuing the license or permit requesting such agency to order the suspension and recommend to the courts the revocation of the license or per= mit.
B. No determination shall be made and no license shall be orde= red suspended and ultimately revoked without an adjudicatory hearing conducted = in accordance with the Administrative Procedure Act and Part A of this Chapter= .
C. Notwithstanding the provisions of R.S. 49:992 or any other = law to the contrary, any hearing conducted pursuant to this Part may, at the reque= st of the issuing agency, be conducted by an administrative law judge in an adjudicatory hearing pursuant 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 under state or federal law related to the obtaining or keeping of the license at issue.
Acts 1997, No. 1162, 1=
, eff. July 1, 1998; Acts 2003, No. 956, 1,
§999.24. Revocation
A.(1) Within thirty days after t= he issuance of a written determination and order by an administrative law judg= e or an issuing agency that the license or permit of a holder should be suspende= d, 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 licens= e 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 h= ad, if any, shall be filed with the court at the same time as the petition of t= he 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 ag=
ency
be set aside at any time after it is issued.
B.(1) After or in conjunction with = the filing of a petition as provided for in Subsection 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 uphe= ld.
(2) The court shall
(3) The court shall re=
view
the written determination and order of the administrative law judge or issu=
ing
agency, any affidavits which were filed with the application, and the
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) Except for the procedure as provided in Subsection B of = this Section, all of the cases provided for in this Section shall be tried in the same manner as civil cases and shall be heard and determined as speedily as possible.
(2) If the court finds that the action of the administrative l= aw judge or the issuing agency is in accordance with the facts and law, the co= urt shall render a judgment upholding 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 sh= all remand the case to the administrative law judge or the issuing agency for further proceedings either with or without maintaining the suspension of the license or permit.
Acts 1997, No. 1162, 1=
, eff. July 1, 1998; Acts 2003, No. 956, 1,
§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; Acts 2003, No. 956, 1,
Part VI. Sample Timetable for Rulemaking
(Section ci= tations refer to the APA)
|
M=
ARCH 20 |
FISCAL OFFICESubmit Fiscal and Economic
Impact Statement for Approval [&se=
ct;953(A)(3)(b)]. |
|
A=
PRIL 10 |
SUBMIT NOTICE OF INTENT AND APPROVED FISCAL
STATEMENT 12 NOON TO STATE REGISTERAlso
submit to House Speaker, Senate President, House and Senate Oversight
Committees [§953(A)(1)=
(b)(i)]. |
|
A=
PRIL 20 |
NOTICE OF INTENT PUBLISHED IN |
|
A=
PRIL 21
THRU MAY 10 |
PERIOD FOR REQUESTING PUBLIC HEARING=
Wit=
hin 20
days after Notice of Intent is published [§953(A)(2)(a)]. |
|
M=
AY 25
THRU MAY 30 |
PUBLIC HEARING35-40 days after Notice of
Intent is published [§=
953.A(2)(b)(i)]. |
|
V=
ARIABLE
DATE |
SECOND REPORT TO OVERSIGHT =
COMMITTEES[ |
|
V=
ARIABLE
DATE |
POSSIBLE LEGISLATIVE OVERSIGHT COMMITTEE HEARING[ |
|
V=
ARIABLE
DATE |
IF AGENCY RECEIVES UNFAVORABLE OVERSIGHT REVIEW, COMMITTEE SENDS NEGATIVE REPORT=
TO
GOVERNORNo =
later
than four days after committee makes its determination. Agency and State
Register also receive a copy of the committee report [§968(F)(2)]. |
|
J=
ULY 10 |
IF AGENCY RECEIVES FAVORABLE OVERSIGHT REVIEW, AGENCY SUBMITS FINAL RULE TO STATE
REGISTER BY 12 NOONThi=
s 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)]. |
|
V=
ARIABLE
DATE |
GOVERNOR APPROVES OR DISAPPROVES OVERSIGHT'S
NEGATIVE REPORTGov=
ernor
has 10 days to agree or disagree with oversight's report [§968(G)]. |
|
J=
ULY 20 |
FINAL RULE PUBLISHED IN LOUISIANA REGISTERNo
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 incl=
udes
(1) summary of testimony at agency's public hearing; (2) summary of comments
received; (3) copy of response to comments prepared by agency; (4) statemen=
t of
tentative/proposed action by agency on oral/written comments received; (5)
revision of proposed rule or statement that no changes have been made; (6)
concise statement of reasons for/against adoption/amendment of changes
suggested.
2 Oversight
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 agency h=
as
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. Appendices
A.
Insertion Order
![3D"Pentagon:](3D"LACHandbook,April2004_files/image003.gif")
![3D"Left](3D"LACHandbook,April2004_files/image004.gif")
![3D"Left](3D"LACHandbook,April2004_files/image005.gif")
![3D"Notched](3D"LACHandbook,April2004_files/image006.gif")
![3D"Pentagon:](3D"LACHandbook,April2004_files/image007.gif")
![](3D"LACHandbook,April2004_files/image009.jpg")
=
B. LR
Checklist
&n=
bsp; =
; &n=
bsp; =
; &n=
bsp; =
; &n=
bsp; =
emergency
rule (ER)
instructions: =
1) For
an ER which has not been published in the Louisiana Register within recent months (either as a previ=
ous
ER or as a NOI), send the new=
ER on *diskette and include with the completed insertion order: opening/introductory paragrap=
hs
containing effective date and number of days ER in effect; and rule te=
xt
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'>=
=
2) For
an ER which has been published in the Louisiana Register within recent month=
s (either as a previous =
ER or
as a NOI): =
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 =
*b) if major
revisions are made, send a new
ER on *diskette and include with the completed insertion order: opening/introductory paragrap=
hs
containing effective date and number of days ER in effect; and rule te=
xt
in LAC codified form with updated Authority and Historical Notes. =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
notice of intent (NOI) instructi=
ons:=
=
1) For
a NOI which has not been published in the Louisiana Register within recent months (either as a previ=
ous
NOI or as an ER): =
a) send the new NOI
on *diskette and a hard copy. Include, with the completed insertion
order: opening/introduct=
ory
paragraphs; rule text in LAC codified form with upd=
ated
Authority and Historical Notes; family impact statement; interest=
ed
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'>=
=
2) For
a NOI which has been published in the Louisiana Register within recent months (either as a previ=
ous
NOI or as an ER): =
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 and a *diskette with
opening/introductory paragraphs; interested persons paragraph; and pub=
lic
hearing paragraph (if one is scheduled). also send =
first
page of fiscal statement containing ORIGINAL
signatures; or =
*b) if major
revisions are made, send a new
NOI on *diskette and include, with the completed insertion order: preamble/introductory
paragraphs; rule text in
LAC codified form with updated Authority and Historical Notes;
family impact statement; interested persons paragraph; and public hear=
ing
paragraph (if one is scheduled).
also send fiscal and economic impact statement
containing ORIGINAL signa=
tures. =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; rule (RUL) instructions:=
=
1) If
the NOI was published in full (rule text included)=
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. <=
span
style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:Arial'>=
=
2) If
the NOI referenced the reader to rule text in an ER, xerox the entire NOI from th=
e Louisiana Reg=
ister(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'>=
=
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/r=
evisions
with a red pen and include with the completed insertion order. IMPORTANT:=
if
changes/revisions have been made to the unpublished rule text since it=
was
originally proposed through the NOI, send a =
NEW
*diskette of the rule text with all changes incorporated into the
document. <=
span
style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:Arial;
text-transform:uppercase'> <=
span
style=3D'font-size:9.0pt;mso-bidi-font-size:10.0pt;font-family:Arial;
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'>=
Send a
completed insertion order and a *diskette containing the document.
C.
Examples
Examples of Opening Paragraphs
NOTICE OF INTENT
Board of Elementary and Secondary Education
Bulletin 741
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 gra= de LEAP 21 shall be in lieu of a required credit exam for Option 1 and Option 2 students;
(2) Student= s 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) Student= s must score at an achievement level of "approaching basic" on the Engli= sh 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 Wa=
ste
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 t= his statutory requirement, in an abundance of caution and in an effort to provi= de additional clarity and assistance to the regulated community and the public,