Incorporation by Reference

**All agency actions that meet the criteria of rule and/or rulemaking in R.S. 49:951 must be promulgated via the procedure set forth in the Administrative Procedure Act.**

The Office of the State Register (OSR) has the authority to promulgate rules by reference. Procedures for adoption by reference can be found in LAC I.309. These procedures ensure public transparency in the promulgation process and Legislative rule review of the rule change in its entirety.

In order to obtain permission to adopt by reference:

• You must include the book/material you are incorporating by reference with your proposed rule package. All incorporated material must be bound and filed with the OSR repository for public review.
• You must include the following information within your proposed rule change.
  The action you are taking, in this case you would be "incorporating by reference."
  The dated version of the public document you intend to incorporate into your rules. This is done to prevent incorporating material that could be substantially altered in the future without rule review.
      a. The public should be able to view the intended rule change in its entirety in order to comprehend the subject matter.
      b. The Legislative Fiscal Office and Legislative Oversight Committees need to be able to view the intended rule in its entirety so that they can consider the impact of the proposed rule change.
  Location of the referenced document. Make sure that the regulation is easily assessable to everyone.

NOTE: An agency cannot reference a document that it has written. This circumvents the administrative procedure as set in law. Agency rules are to be promulgated in full text. Such documents are to be printed as rules, codified, and compiled into the Louisiana Administrative Code.

Instructional Guides and Links