HLS 16RS-860 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 522
BY REPRESENTATIVE CARPENTER
ADMINISTRATIVE LAW: Exempts the Department of Public Safety and Corrections,
public safety services, from the provisions of law relative to adjudications by the
division of administrative law
1 AN ACT
2To amend and reenact R.S. 49:992(D)(1) and to enact R.S. 49:992(D)(10), relative to
3 adjudications; to exempt the Department of Public Safety and Corrections, public
4 safety services, from the provisions of law relative to the division of administrative
5 law; to provide for the Department of Public Safety and Corrections, public safety
6 services, to conduct its own adjudications; to provide for effectiveness; and to
7 provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 49:992(D)(1) is hereby amended and reenacted and R.S.
1049:992(D)(10) is hereby enacted to read as follows:
11 ยง992. Applicability; exemptions; attorney fees; court costs
12 * * *
13 D.(1) Except as provided in Paragraphs (2) through (9) (10) of this
14 Subsection, the provisions of this Chapter shall apply to any board, commission,
15 department, or agency of the executive branch of state government.
16 * * *
17 (10) The Department of Public Safety and Corrections, public safety
18 services, shall be exempt from the provisions of this Chapter.
19 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-860 ORIGINAL
HB NO. 522
1 Section 2. All adjudications of the Department of Public Safety and Corrections,
2public safety services, commenced by the division of administrative law prior to July 1,
32016, shall remain at the division of administrative law until concluded in accordance with
4law. All adjudications of the Department of Public Safety and Corrections, public safety
5services, commenced on and after July 1, 2016, shall be conducted by the Department of
6Public Safety and Corrections, public safety services, in accordance with the Administrative
7Procedure Act and all other applicable law except any contrary provisions of Part A of
8Chapter 13-B of Title 49 of the Louisiana Revised Statutes of 1950.
9 Section 3. This Act shall become effective on July 1, 2016.
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
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-860 ORIGINAL
HB NO. 522
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))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.