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)]
HB 522 Original 2016 Regular Session Carpenter
Abstract: Exempts the Dept. of Public Safety and Corrections, public safety services, from the
provisions of law regarding adjudications by the division of administrative law.
Present law (R.S. 49:992) provides that the division of administrative law (DAL)shall commence
and handle all adjudications pursuant to the Administrative Procedure Act (APA) and provides that
notwithstanding any other law to the contrary, except as other provided in present law (R.S. 49:967
(exemptions to the APA)) and present law (establishing and providing for adjudications by the DAL)
provides for all adjudications commenced by the division of administrative law to be resolved
exclusively as required by the APA and present law. Provides for an administrative law judge to
issue a final decision or order, whether or not on rehearing, following an adjudication by the division
of administrative law. Provides, with specified exceptions, that the agency has no authority to
override such decision or order. Provides for the right to a judicial appeal in any adjudication,
regardless of whether the adjudication is commenced by the division or by an agency.
Present law provides exemptions from the provisions regarding adjudications by the DAL for certain
agencies of the executive branch of state government or specific adjudications, including the office
of workers' compensation administration, the office of regulatory services, state professional and
occupational licensing boards, the Dept. of Agriculture and Forestry, the Public Service Commission,
and other specific adjudications. Further provides that boards and commissions authorized by law
to conduct hearings may continue to hold such hearings.
Proposed law additionally exempts the Dept. of Public Safety and Corrections, public safety services,
from the provisions of law regarding adjudications by the DAL and otherwise retains present law.
Specifies that all adjudications of the Dept. of Public Safety and Corrections, public safety services,
commenced by the DAL prior to July 1, 2016, shall remain at the DAL until concluded in accordance
with law. All adjudications of the Dept. of Public Safety and Corrections, public safety services,
commenced on and after July 1, 2016, shall be conducted by the Dept. of Public Safety and
Corrections, public safety services, in accordance with the Administrative Procedure Act and all
other applicable law except any contrary provisions of present law (relative to the division of
administrative law).
Effective July 1, 2016.
(Amends R.S. 49:992(D)(1); Adds R.S. 49:992(D)(10))