Part I. Office of the State Register

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Part I. Office of the State Register

Chapter 1. Preliminary Provisions
§101. Title of Official Legal Codification
A. The official legal codification published pursuant to R.S. 49:954.1 shall be known as the Louisiana Administrative Code.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
§103. Citation of the Louisiana Administrative Code
A. Without prejudice to any other mode of citation, the Louisiana Administrative Code may be cited by Title, Part and Section number. The preferred short form of citation of the Louisiana Administrative Code is "LAC." Thus, "LAC 35:XI.315" refers to Section 315 of Part XI of Title 35 of the Louisiana Administrative Code.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984), amended LR 11:856 (September 1985).
§105. Arrangement of the Louisiana Administrative Code
A. The Louisiana Administrative Code is arranged as follows.
1. The Louisiana Administrative Code is divided into titles which are subdivided as follows:
a. Parts, identified by Roman numerals, with a new sequence of numerals beginning in each Title;
b. Subparts, identified by Arabic numerals, with a new sequence of numerals beginning in each Part;
c. Chapters, identified by Arabic numerals, with a new sequence of numerals beginning in each Part;
d. Subchapters, identified by capital letters, with a new sequence of the alphabet beginning in each Chapter;
e. Sections, identified by Arabic numerals, with a new sequence of numerals beginning in each Title.
2. The Sections of the Louisiana Administrative Code are subdivided into the following parts:
a. Subsections, identified by capital letters, with a new sequence of the alphabet beginning in each Section;
b. Paragraphs, identified by Arabic numerals, with a new sequence of numerals beginning in each Subsection;
c. Subparagraphs, identified by lowercase letters, with a new sequence of the alphabet beginning in each Paragraph;
d. Clauses, identified by lowercase Roman numerals, with a new sequence of numerals beginning in each Subparagraph.
3. It should be noted that not every Title will be subdivided into Parts, but every Title will have at least one Chapter; not every Chapter will have a Subchapter, but every Chapter will have at least one Section.
4. Sections which are subdivided may have no more than four levels of subdivisions. Sections which consist of definitions in alphabetical order do not need subdivision labels for each definition. Each definition shall begin at the first indent level and is also unlabeled. Other lists within Sections, if in alphabetical order, do not need labels. A single paragraph within a Section is not labeled.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984), amended LR 11:856 (September 1985).
§107. Headings Not to be Used in Construing
A. Titles, Parts, Chapters, Subchapters and Sections will have a heading. This heading will not govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of the Louisiana Administrative Code. These headings are merely an explanation of what is in that unit of the Louisiana Administrative Code and should be stated in as few words as possible.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
§109. Tenses, Gender, and Number
A. Except as otherwise stated in any Title, Part, Chapter, Subchapter, or Section of the Louisiana Administrative Code, the present tense includes the past tense and future tense, and the future, the present tense; the masculine gender includes the feminine and neuter, the feminine includes the masculine and neuter, and the neuter includes the masculine and feminine; and the singular includes the plural, and the plural, the singular.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
§111. Submission of a Rulemaking Petition
A. In accordance with R.S. 49:953(C)(1), any interested person may petition an agency to adopt a new rule, or to amend or repeal an existing rule.
B. To petition an agency within the Division of Administration for changes to the agency’s current rules, or for the adoption of new rules within the agency’s purview, an interested person shall submit a written petition to the Division of Administration, Office of the Commissioner. The petition shall include:
1. the petitioner's name and address;
2. the name of the promulgating agency for the rule in question;
3. specific text or a description of the proposed language desired for the adoption or amendment of a rule, or the specific rule and language identified for repeal;
4. justification for the proposed action; and
5. the petitioner's signature.
C. The rulemaking petition shall be submitted by certified mail and addressed to:
Office of the Commissioner, Division of Administration
Re: Rulemaking Petition
P.O. Box 94095, Capital Station
Baton Rouge, LA 70804-9095
AUTHORITY NOTE: Promulgated in accordance with 49:954.1. and 49:953, et seq.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register LR 46:334 (March 2020).
§113. Consideration of a Rulemaking Petition
A. Upon receipt, a rulemaking petition shall be forwarded to the promulgating agency for review.
B. Within 90 days of receipt of the rulemaking petition, the agency shall either:
1. initiate rulemaking procedures to adopt a new rule, or to amend or repeal an existing rule; or
2. notify the petitioner in writing of the denial to proceed with rulemaking, stating the reason(s) therefore.
AUTHORITY NOTE: Promulgated in accordance with 49:954.1. and 49:953, et seq.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register LR 46:335 (March 2020).
Chapter 3. Publication of the Louisiana Administrative Code and the Louisiana Register
Subchapter A. Louisiana Administrative Code
§301. Contents of the Louisiana Administrative Code
A. The Louisiana Administrative Code shall contain all effective rules adopted by each agency subject to the Louisiana Administrative Procedure Act and all boards, commissions, agencies, and departments of the executive branch. The Louisiana Administrative Code will also contain effective Executive Orders. Any rules which would be unduly cumbersome, expensive, or otherwise inexpedient to publish may be excepted and a notice stating the general subject matter and how a copy may be obtained substituted.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
§303. Periodic Supplementation of the Louisiana Administrative Code; Index
A. At least once each year all rules and Executive Orders required to be codified in the Louisiana Administrative Code by §301 of this Title which have been filed with the Office of the State Register will be published and distributed as an integral part of this Code, or the affected Title or Part thereof may be reissued. The index and any tables shall be similarly supplemented.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
Subchapter B. Louisiana Register
§305. Citation of the Louisiana Register
A. Without prejudice to any other mode of citation, the Louisiana Register may be cited by volume and page number. The approved short form of citation to the Louisiana Register is "LR." Thus, "LR 3:801" refers to material beginning on page 801 of Volume 3 of the Louisiana Register.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
§307. Contents of the Louisiana Register
A. Each issue of the Louisiana Register will contain a table of contents arranged alphabetically by agency within the following categories: Committee Reports, Emergency Rules, Executive Orders, Notices of Intent, Potpourri, and Rules.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
§309. Federal Rules, Standards or Guidelines
A. If an agency proposes or adopts federal rules or portions thereof, the requirement that the full text thereof be filed with the Office of the State Register and published in the Louisiana Register shall be satisfied by including in the text of the proposed or adopted rules a statement that the agency proposes to adopt or is adopting such federal rules with a specific citation to the Federal Register or Code of Federal Regulations where the text appears.
B. If an agency proposes or adopts as rules the standards or guidelines, or portions thereof, of any professional, trade or other association or entity, the requirement that the full text be filed with the Office of the State Register and published in the Louisiana Register shall be satisfied by including in the text of the proposed or adopted rules a specific citation to the standards or guidelines and filing with the Office of the State Register a copy of such standards or guidelines.
C. In accordance with the Louisiana Administrative Procedure Act, the agency shall be required to file the full text of adopted rules, including federal rules, standards and guidelines in the agency's principal office.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
§311. Frequency of Publication of the Louisiana Register
A. The Louisiana Register shall be published at least once a month and shall contain all previously unpublished items required to be published and which are duly filed by the department prior to the closing date of each issue.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
§313. Table of Sections Affected
A. Each issue of the Louisiana Register will contain a numerical list of the Sections of the Louisiana Administrative Code expressly affected by the documents published in the issue. Beginning with the second issue of each quarter, each issue will also carry a cumulative list of the Sections of the Louisiana Administrative Code affected by the documents published during that quarter.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
Subchapter C. Copies and Reproductions
§315. Copyright
A. All information published in the Louisiana Administrative Code or the Louisiana Register which includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indices, source notes, authority notes, numerical lists, and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Office of the State Register. Any such information which appears on the same leaf with the text of any rule or regulation, however, may be incidentally reproduced in the connection with the reproduction of such rule or regulation, if such reproduction is for the private use and not for resale. There shall be no other restrictions on the reproduction of information published pursuant to this Part, and the state hereby consents to any such reproduction.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
§317. Photocopies and Fees
A. The Office of the State Register or an agency shall provide a copy of any rule to the public upon request in writing or in person. The public will be charged statutory or other reasonable fees for photocopies of rules.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
Chapter 5. Effect of Publication
§501. Official Text of Published Documents
A. Asterisks
1. Where more than one Section of rules is being amended in a single document, and the Sections are not consecutive, then the omitted Sections are indicated by a row of three asterisks.
2. Where multiple Sections are being amended and the Sections are not consecutive but there are no omitted Sections of the text, do not insert asterisks. Example: §§103 and 105 both being amended in a single amendment package would not have asterisks between them if no §104 exists.
3. Amending Entire Section. Asterisks may not be used in place of any material not needing revision when an entire Chapter or other body of the rule subdivision is being amended. All language intended to be part of the new Chapter must be included.
4. Amending Parts of a Section. When a designated subdivision of a Section is being amended, a row of three asterisks is inserted to indicate any omitted subdivisions of the Section, both before and after the amended portion. Any introductory language to a designated subdivision must be included in the text.
B. The text of any document, required or authorized to be published under this Title, shall from the date of such publication be the only valid and enforceable text of such document regardless of any discrepancy between such official text and the agency text of such document. Thereafter any amendment to such document shall be drawn as an amendment to the official text thereof.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984), amended LR 20:657 (June 1994).
§503. Constructive Notice
A. Unless otherwise specifically provided by statute the publication under this Title of any document required or authorized by this Title to be so published shall, except in cases where notice by publication is insufficient in law, be sufficient to give notice of the contents of such document to any person subject thereto or affected thereby.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
§505. Judicial Notice
A. The contents of the Louisiana Administrative Code, the supplements thereto, and the Louisiana Register shall be given judicial notice.
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:954.1.
HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).