Louisiana 2012 2012 Regular Session

Louisiana House Bill HB1090 Enrolled / Bill

                    ENROLLED
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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
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
by written stipulation may waive, and the agency in the event there is no contest may19
eliminate, compliance with this Section.20
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§964.  Judicial review of adjudication22
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are additions.
B. Proceedings for review may be instituted by filing a petition in the district1
court of the parish in which the agency is located within thirty days after mailing the2
transmittal of notice of the final decision by the agency or, if a rehearing is3
requested, within thirty days after the decision thereon. Copies of the petition shall4
be served upon the agency and all parties of record.5
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Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: