HLS 12RS-2216 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1090
BY REPRESENTATIVE LIGI
ADMINISTRATIVE PROCEDURE: Provides relative to methods of giving notice of
decisions and orders in administrative adjudication proceedings
AN ACT1
To amend and reenact R.S. 49:958 and 964(B), relative to decisions and orders in2
adjudication proceedings; to provide for notice of decisions and orders in3
adjudication proceedings; to authorize the use of electronic means of notification;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 49:958 and 964(B) are hereby amended and reenacted to read as7
follows: 8
§958. Decisions and orders 9
A final decision or order adverse to a party in an adjudication proceeding10
shall be in writing or stated in the record. A final decision shall include findings of11
fact and conclusions of law. Findings of fact, if set forth in statutory language, shall12
be accompanied by a concise and explicit statement of the underlying facts13
supporting the findings. If, in accordance with agency rules, a party submitted14
proposed findings of fact, the decision shall include a ruling upon each proposed15
finding. Parties shall be notified either personally, or by mail, or by electronic means16
of any decision or order. Upon request, a copy of the decision or order shall be17
delivered or mailed forthwith to each party and to his attorney of record. The parties18 HLS 12RS-2216 ORIGINAL
HB NO. 1090
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
by written stipulation may waive, and the agency in the event there is no contest may1
eliminate, compliance with this Section.2
* * *3
§964. Judicial review of adjudication4
* * *5
B. Proceedings for review may be instituted by filing a petition in the district6
court of the parish in which the agency is located within thirty days after mailing the7
transmittal of notice of the final decision by the agency or, if a rehearing is8
requested, within thirty days after the decision thereon. Copies of the petition shall9
be served upon the agency and all parties of record.10
* * *11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ligi HB No. 1090
Abstract: Authorizes the use of electronic means to notify parties of decisions or orders in
adjudication proceedings conducted pursuant to the Administrative Procedure Act.
Present law (Administrative Procedure Act) requires a final decision or order adverse to a
party in an adjudication proceeding to be in writing or stated in the record, requires a final
decision to include findings of fact and conclusions of law and, if the findings are set forth
in statutory language, to be accompanied by a concise and explicit statement of the
underlying facts supporting the findings. Present law provides that parties be notified either
personally or by mail of any decision or order and that upon request, a copy of the decision
or order shall be delivered or mailed forthwith to each party and to his attorney of record.
Present law further provides that the parties by written stipulation may waive, and the
agency in the event there is no contest may eliminate, compliance with present law.
Proposed law further authorizes the use of electronic means as a method of notifying the
parties of any decision or order and otherwise retains present law. HLS 12RS-2216 ORIGINAL
HB NO. 1090
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that judicial review of an adjudication may be instituted by filing a
petition in the district court of the parish in which the agency is located within 30 days after
mailing of notice of the final decision by the agency or, if a rehearing is requested, within
30 days after the decision thereon.
Proposed law changes "mailing of notice of the final decision" to "the transmittal of notice
of the final decision" and otherwise retains present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 49:958 and 964(B))