2022 Regular Session ENROLLED
SENATE BILL NO. 67
BY SENATOR FRED MILLS
1 AN ACT
2 To amend and reenact R.S. 49:951(9), 953, the introductory paragraph of 953.1(A)(1),
3 953.1(A)(5), and (C), 954(A) and (B)(2), 954.1(A), 955(B), (C), (E), and (F),
4 959(A), 960(B), 964.1(C), 966(A), 967, the introductory paragraph of 968(B),
5 968(B)(24)(b), (C)(2) and (4), (D)(1)(a), and the introductory paragraph of (D)(1)(b),
6 (D)(1)(b)(i), and (c) and (3), (E)(1)(a), the introductory paragraph of 968(F)(1), (G),
7 (H), (J), and (K)(2), 969(A), 970(A), 971(A)(1) and (3) and (B), 974(B), (C), and
8 (E), 978.1, 978.4(A)(2), 978.5(B) and (C), the introductory paragraph of 978.7, and
9 978.8(A) and (B), to enact R.S. 49:953.1(G), 963, and 964, and to recodify Chapter
10 13 of Title 49 of the Louisiana Revised Statutes of 1950 in its entirety, relative to the
11 Administrative Procedure Act; to make technical updates to the Administrative
12 Procedure Act; to provide for public hearings; to provide for publication of executive
13 orders; to direct the Louisiana State Law Institute to redesignate the current
14 provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950 into
15 a new format and number scheme, to be comprised of R.S. 49:950 through 978.3,
16 without changing the text of the provisions except as provided herein; to make
17 technical and conforming changes to reflect the format and number scheme provided
18 herein; to direct the Louisiana State Law Institute to change references to segments
19 of law in existing statutes and codes as necessary to reflect the redesignation of such
20 segments as provided herein; and to provide for related matters.
21 Be it enacted by the Legislature of Louisiana:
22 Section 1. R.S. 49:951(9), 953, the introductory paragraph of 953.1(A)(1),
23 953.1(A)(5), and (C), 954(A) and (B)(2), 954.1(A), 955(B), (C), (E), and (F), 959(A),
24 960(B), 964.1(C), 966(A), 967, the introductory paragraph of 968(B), 968(B)(24)(b), (C)(2)
25 and (4), (D)(1)(a), the introductory paragraph of (D)(1)(b), (D)(1)(b)(i), and (c) and (3),
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1 (E)(1)(a), the introductory paragraph of 968(F)(1), (G), (H), (J), and (K)(2), 969(A), 970(A),
2 971(A)(1) and (3) and (B), 974(B), (C), and (E), 978.1, 978.4(A)(2), 978.5(B) and (C), the
3 introductory paragraph of 978.7, and 978.8(A) and (B) are hereby amended and reenacted
4 and R.S. 49:953.1(G), 963, and 964 are hereby enacted to read as follows:
5 §951. Definitions
6 As used in this Chapter:
7 * * *
8 (9) "Rulemaking" means the process employed by an agency for the
9 formulation of a rule. Except where the context clearly provides otherwise, the
10 procedures for adoption of rules and of emergency rules as provided in R.S. 49:953
11 R.S. 49:961 shall also apply to adoption, increase, or decrease of fees. The fact that
12 a statement of policy or an interpretation of a statute is made in the decision of a case
13 or in an agency decision upon or disposition of a particular matter as applied to a
14 specific set of facts involved does not render the same a rule within this definition
15 or constitute specific adoption thereof by the agency so as to be required to be issued
16 and filed as provided in this Subsection.
17 §966.§952. Construction and effect; judicial cognizance
18 A. Nothing in this Chapter shall be held to diminish the constitutional rights
19 of any person or to limit or repeal additional requirements imposed by statute or
20 otherwise recognized by law. Notwithstanding the foregoing, and except as provided
21 in R.S. 49:967 R.S. 49:954, any and all statutory requirements regarding the
22 adoption or promulgation of rules other than those contained in Sections 953, 954,
23 954.1, and 968 961, 965, and 966 of this Title are hereby superseded by the
24 provisions of this Chapter and are repealed. Except as otherwise required by law, all
25 requirements or privileges relating to evidence or procedure shall apply equally to
26 agencies and persons. Every agency is granted all authority necessary to comply with
27 the requirements of this Chapter through the issuance of rules or otherwise.
28 * * *
29 §954.1§953. Louisiana Administrative Code and Louisiana Register; publication;
30 distribution; copies; index; interagency rules
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1 A. The Office of the State Register shall compile, index, and publish a
2 publication to be known as the Louisiana Administrative Code, containing all
3 effective rules adopted by each agency subject to the provisions of this Chapter, and
4 all boards, commissions, agencies and departments of the executive branch,
5 notwithstanding any other provision of law to the contrary. The Louisiana
6 Administrative Code Office of the State Register shall also contain publish all
7 executive orders issued by the governor on or after May 9, 1972, which are in effect
8 at the time the Louisiana Administrative Code is published. The Louisiana
9 Administrative Code shall be supplemented or revised as often as necessary and at
10 least once every two years.
11 * * *
12 §967.§954. Exemptions from provisions of Chapter
13 A. Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950 shall not
14 be applicable to the Board of Tax Appeals, the Department of Revenue, with the
15 exception of the Louisiana Tax Commission that shall continue to be governed by
16 this Chapter in its entirety, unless otherwise specifically provided by law, and the
17 administrator of the Louisiana Employment Security Law; however, the provisions
18 of R.S. 49:951(2), (4), (5), (6), and (7), 952, 953, 954, 954.1, 968, 956, 961, 965,
19 966, 969, and 970 shall be applicable to such the board, department, and
20 administrator.
21 B.(1) The provisions of R.S. 49:968(F) R.S. 49:966(F) and 970 shall not be
22 applicable to any rule promulgated by the State Civil Service Commission or the
23 Public Service Commission.
24 (2) The provisions of this Chapter shall not be applicable to entities created
25 as provided in Part V of Chapter 6 of Title 34 of the Louisiana Revised Statutes of
26 1950.
27 C. The provisions of R.S. 49:963, 964, and 965 R.S. 49:968, 978.2, and 979
28 shall not be applicable to any rule, regulation, or order of any agency subject to a
29 right of review under the provisions of R.S. 30:12.
30 E.D. The provisions of R.S. 49:963, 964, and 965 R.S. 49:968, 978.2, and
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1 979 shall not apply to any rule, regulation, or policy and procedure statements issued
2 by or for the Department of Public Safety and Corrections, corrections services,
3 concerning:
4 (1) The internal management and daily operations of a correctional institute,
5 probation and parole district office, or headquarters function.
6 (2) General law statements that are substantially repetitions of state or federal
7 law.
8 (3) The implementation and processes for carrying out a court-ordered
9 sentence of death and any and all matters related to the regulations for the sentence
10 of death.
11 F.E. The provisions of R.S. 49:963, 964, and 965 R.S. 49:968, 978.2, and
12 979 shall apply only to the regulations and policies of the Department of Public
13 Safety and Corrections, corrections services, that affect the substantial rights of, or
14 administrative remedies available to, the public or any offender incarcerated in a
15 state correctional facility or local jail facility.
16 §967.1§955. Application of Chapter to rules and fees
17 [Section redesignated from R.S. 49:967.1]
18 §952.§956. Public information; adoption of rules; availability of rules and orders
19 [Section redesignated from R.S. 49:952]
20 §974.§957. Internet publication of certain information concerning proposed rules
21 and fees; information required to be published; manner of
22 publication; deadlines
23 * * *
24 B. All of the following information shall be included on the website:
25 (1) A brief description of each rule or fee that the agency is in the process of
26 adopting, amending, or repealing. For each such rule or fee, links to the following
27 shall be included:
28 (a) The full text of the current rule or fee.
29 (b) A copy of link to the Louisiana Register website showing the proposed
30 rule or statement of the proposed fee in the form required by R.S. 49:968(C)(1).
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1 (c) The name and contact information of the person within the agency who
2 has the responsibility agency representative responsible for responding to inquiries
3 about the intended action as required by R.S. 49:953(A)(1)(a)(iv) R.S.
4 49:961(A)(1)(a)(iv).
5 (d) The time when, the place where, and the manner in which interested
6 persons may present their views public comment concerning the intended action as
7 required by R.S. 49:953(A)(1)(a)(v) R.S. 49:961(A)(1)(a)(v).
8 (e) The anticipated effective date for the proposed rule or fee.
9 (f) A copy of the notice of intent submitted to the Louisiana Register pursuant
10 to R.S. 49:953(A)(1)(b) R.S. 49:961(A)(1)(b) and the date the notice of intent will
11 be published in the Louisiana Register.
12 (g) A copy of the report submitted to the legislative oversight subcommittees
13 pursuant to R.S. 49:968(D)(1)(b) R.S. 49:966(D)(1)(b) and a copy of the public
14 notice required by R.S. 49:968(D)(1)(c) R.S. 49:966(D)(1)(c).
15 (h) A copy of any announcement of a hearing and report made pursuant to
16 R.S. 49:968(H)(2) R.S. 49:966(H)(2).
17 (i) A copy of any report received by the agency from a legislative oversight
18 subcommittee pursuant to R.S. 49:968(F) R.S. 49:966(F) or from the governor
19 pursuant to R.S. 49:968(I) R.S. 49:966(I).
20 (2) A copy of the annual report submitted to the legislative oversight
21 subcommittees by the agency pursuant to R.S. 49:968(K) R.S. 49:966(K).
22 C.(1)(a) The information required to be published pursuant to Subparagraphs
23 (B)(1)(a) through (g) of this Section shall be published in the manner required by this
24 Section no later than five days after the date on which the agency submits the report
25 for the proposed rule or fee to the legislative oversight subcommittees pursuant to
26 R.S. 49:968(B) R.S. 49:966(B).
27 (b) The copy of the announcement required to be published pursuant to
28 Subparagraph (B)(1)(h) of this Section shall be published in the manner required by
29 this Section no later than five days after the announcement is submitted to the
30 Louisiana Register in accordance with R.S. 49:968(H)(2) R.S. 49:966(H)(2).
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1 (c) The copy of the report required to be published pursuant to Subparagraph
2 (B)(1)(i) of this Section shall be published in the manner required by this Section no
3 later than five days after the report is received by the agency.
4 (d) The copy of the annual report required to be published pursuant to
5 Paragraph (B)(2) of this Section shall be published in the manner required by this
6 Section no later than five days after the report is submitted to the legislative
7 oversight subcommittees by the agency pursuant to R.S. 49:968(K) R.S. 49:966(K).
8 (2) If an agency does not have an Internet internet website, the agency shall
9 submit the information required by this Section to be published to the department or
10 to the division of administration, as the case may be, in a manner which allows
11 enough time for the information to be published as required by this Section prior to
12 the applicable deadline provided in Paragraph (1) of this Subsection.
13 * * *
14 E. The provisions of this Section shall not be construed to require the
15 publication of information concerning the adoption, amendment, or repeal of any
16 rule or fee unless and until the agency gives notice of its intended action pursuant to
17 R.S. 49:953(A) R.S. 49:961(A).
18 PART II. RULE PROMULGATION
19 §953§961. Procedure for adoption of rules; agency rule review
20 A. Prior to the adoption, amendment, or repeal of any rule, the agency shall:
21 (1)(a) Give notice of its intended action and a copy of the proposed rules at
22 least ninety days prior to taking action on the rule. The notice shall include:
23 (i) A statement of either the terms or substance of the intended action or a
24 description of the subjects and issues involved;
25 (ii) A statement, approved by the legislative fiscal office, of the fiscal impact
26 of the intended action, if any; or a statement, approved by the legislative fiscal office,
27 that no fiscal impact will result from such proposed action;
28 (iii) A statement, approved by the legislative fiscal office, of the economic
29 impact of the intended action, if any; or a statement, approved by the legislative
30 fiscal office, that no economic impact will result from such proposed action;
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1 (iv) The name of the person within the agency who has the responsibility for
2 responding to inquiries about the intended action;
3 (v) The time when, the place where, and the manner in which interested
4 persons may present their views thereon; and
5 (vi) A statement that the intended action complies with the statutory law
6 administered by the agency, including a citation of the enabling legislation.
7 (vii) The preamble, which explains the basis and rationale for the intended
8 action; and summarizes the information and data supporting the intended action.
9 (viii) A statement concerning the impact on family formation, stability, and
10 autonomy as set forth in R.S. 49:972.
11 (ix) A statement concerning the impact on child, individual, or family poverty
12 in relation to individual or community asset development as set forth in R.S. 49:973.
13 (x) A statement concerning the economic impact on small businesses, as set
14 forth in R.S. 49:978.4, and the small business regulatory flexibility analysis, as set
15 forth in R.S. 49:978.5.
16 (b)(i) The notice shall be published at least once in the Louisiana Register
17 and shall be submitted with a full text of the proposed rule to the Louisiana Register
18 at least one hundred days prior to the date the agency will take action on the rule.
19 (ii) Upon publication of the notice, copies of the full text of the proposed rule
20 shall be available from the agency proposing the rule upon written request within
21 two working days.
22 (c) Notice of the intent of an agency to adopt, amend, or repeal any rule and
23 the approved fiscal and economic impact statements, as provided for in this
24 Subsection, shall be mailed to all persons who have made timely request of the
25 agency for such notice, which notice and statements shall be mailed at the earliest
26 possible date, and in no case later than ten days after the date when the proposed rule
27 change is submitted to the Louisiana Register.
28 (d) For the purpose of timely notice as required by this Paragraph, the date
29 of notice shall be deemed to be the date of publication of the issue of the Louisiana
30 Register in which the notice appears, such publication date to be the publication date
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1 as stated on the outside cover or the first page of said issue.
2 (2)(a) Afford all interested persons reasonable opportunity to submit data,
3 views, comments, or arguments, orally or in writing. In case of substantive rules,
4 opportunity for oral presentation or argument must be granted if requested within
5 twenty days after publication of the rule as provided in this Subsection, by twenty-
6 five persons, by a governmental subdivision or agency, by an association having not
7 less than twenty-five members, or by a committee of either house of the legislature
8 to which the proposed rule change has been referred under the provisions of R.S.
9 49:968.
10 (b)(i) Make available to all interested persons copies of any rule intended for
11 adoption, amendment, or repeal from the time the notice of its intended action is
12 published in the Louisiana Register. Any hearing pursuant to the provisions of this
13 Paragraph shall be held no earlier than thirty-five days and no later than forty days
14 after the publication of the Louisiana Register in which the notice of the intended
15 action appears. The agency shall consider fully all written and oral comments and
16 submissions respecting the proposed rule.
17 (ii) The agency shall issue a response to comments and submissions
18 describing the principal reasons for and against adoption of any amendments or
19 changes suggested in the written or oral comments and submissions. In addition to
20 the response to comments, the agency may prepare a preamble explaining the basis
21 and rationale for the rule, identifying the data and evidence upon which the rule is
22 based, and responding to comments and submissions. Such preamble and response
23 to comments and submissions shall be furnished to the respective legislative
24 oversight subcommittees at least five days prior to the day the legislative oversight
25 subcommittee hearing is to be held on the proposed rule, and shall be made available
26 to interested persons no later than one day following their submission to the
27 appropriate legislative oversight subcommittee. If no legislative oversight hearing
28 is to be held, the agency shall issue a response to comments and submissions and
29 preamble, if any, to any person who presented comments or submissions on the rule
30 and to any requesting person not later than fifteen days prior to the time of
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1 publication of the final rule.
2 (iii) The agency shall, upon request, make available to interested persons the
3 report submitted pursuant to R.S. 49:968(D) no later than one working day following
4 the submittal of such report to the legislative oversight subcommittees.
5 (3)(a) For the purposes of this Subsection, the statement of fiscal impact shall
6 be prepared by the proposing agency and submitted to the Legislative Fiscal Office
7 for its approval. Such fiscal impact statement shall include a statement of the receipt,
8 expenditure, or allocation of state funds or funds of any political subdivision of the
9 state.
10 (b) For the purposes of this Subsection, the statement of economic impact
11 shall be prepared by the proposing agency and submitted to the Legislative Fiscal
12 Office for its approval. Such economic impact statements shall include an estimate
13 of the cost to the agency to implement the proposed action, including the estimated
14 amount of paperwork; an estimate of the cost or economic benefit to all persons
15 directly affected by the proposed action; an estimate of the impact of the proposed
16 action on competition and the open market for employment, if applicable; and a
17 detailed statement of the data, assumptions, and methods used in making each of the
18 above estimates.
19 A.(1) An agency shall give notice of its intention to adopt, amend, or
20 repeal any rule and a copy of the proposed rules at least ninety days prior to
21 taking action on the rule.
22 (2) The notice shall include all of the following:
23 (a) A statement by the agency clearly describing the proposed action
24 being taken.
25 (b) A statement by the legislative fiscal office on whether the proposed
26 action will result in a fiscal impact.
27 (c) A statement by the legislative fiscal office on whether the proposed
28 action will result in an economic impact.
29 (d) The name of the agency representative responsible for responding to
30 inquiries about the intended action.
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1 (e) The time, place, and manner in which interested persons may present
2 public comment regarding the intended action.
3 (f) A statement that the intended action complies with the statutory law
4 administered by the agency, including a citation of the enabling legislation.
5 (g) A preamble explaining the basis and rationale for the intended action
6 and summarizes the information and data supporting the intended action.
7 (h) All of the following statements concerning the proposed action:
8 (i) The impact on family formation, stability, and autonomy required by
9 R.S. 49:972.
10 (ii) The impact on child, individual, or family poverty in relation to
11 individual or community asset development required by R.S. 49:973.
12 (iii) The economic impact on small businesses required by R.S. 49:974.4.
13 (iv) The small business regulatory flexibility analysis required by R.S.
14 49:974.5.
15 (3) The notice shall be published at least once in the Louisiana Register
16 and shall be submitted with a full text of the proposed rule to the Louisiana
17 Register at least one hundred days prior to the date the agency will take action
18 on the rule.
19 (4) After the notice is published in the Louisiana Register, the agency
20 shall make available copies of the full text of the proposed rule no later than two
21 working days after receiving a written request.
22 (5) Notice of the intent of an agency to adopt, amend, or repeal any rule
23 and the approved fiscal and economic impact statements shall be transmitted
24 to all persons who have made timely request of the agency for notice. The notice
25 and statements shall be transmitted at the earliest possible date, but not later
26 than ten days after the date when the proposed rule change is submitted to the
27 Louisiana Register.
28 (6) For the purpose of this Subsection, the date of notice is the date of
29 publication of the issue of the Louisiana Register in which the notice appears as
30 stated on the outside cover or the first page of the issue.
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1 B.(1) The agency shall afford all interested persons a reasonable
2 opportunity to submit data, views, comments, or arguments, orally or in
3 writing. In the case of substantive rules, the agency shall grant an opportunity
4 for oral presentation or argument if requested within twenty days after
5 publication of the rule pursuant to Subsection A of this Section by twenty-five
6 persons, by a governmental subdivision or agency, by an association having not
7 less than twenty-five members, or by a committee of either house of the
8 legislature to which the proposed rule change has been referred pursuant to
9 R.S. 49:966.
10 (2) Any hearing held pursuant to the provisions of Paragraph (1) of this
11 Subsection shall be held no earlier than thirty-five days and no later than
12 forty-five days after the publication of the Louisiana Register in which the
13 notice of the intended action appears.
14 (3) The agency shall consider fully all written and oral comments and
15 submissions respecting the proposed rule. The agency shall respond to the
16 comments and submissions describing the principal reasons for and against
17 adoption of any amendments or changes suggested in the written or oral
18 comments and submissions.
19 (4) The response required by Paragraph (3) of this Subsection shall be
20 furnished to the respective legislative oversight subcommittees at least five days
21 prior to the day the legislative oversight subcommittee hearing is to be held on
22 the proposed rule, and shall be made available to interested persons no later
23 than one day following their submission to the appropriate legislative oversight
24 subcommittee. If no legislative oversight hearing is to be held, the agency shall
25 send its response to comments or submissions on the rule to any person who
26 presented comments or submissions on the rule and to any requesting person
27 not later than fifteen days prior to the time of publication of the final rule.
28 (5) The agency shall, upon request, make available to interested persons
29 the report submitted pursuant to R.S. 49:966(D) no later than one working day
30 following the submittal of such report to the legislative oversight
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1 subcommittees.
2 C.(1) An interested person may petition an agency requesting the adoption,
3 amendment, or repeal of a rule. Each agency shall prescribe by rule the form for
4 petitions and the procedure for their submission, considerations, and disposition.
5 Within ninety days after submission of a petition, the agency shall either deny the
6 petition in writing, stating reasons for the denial, or shall initiate rulemaking
7 proceedings in accordance with this Chapter. Each agency with an appropriated
8 operating budget of five million dollars or more shall include on its website a
9 description of the procedure for submitting petitions in accordance with this
10 Paragraph.
11 (2)(a) At least once prior to January 1, 2020, and at least once during every
12 six-year period thereafter, each agency subject to Paragraph (1) of this Subsection
13 which engages in rulemaking shall conduct a public hearing for the purpose of
14 allowing any interested person the opportunity to comment on any rule of the agency
15 which the person believes is contrary to law, outdated, unnecessary, overly complex,
16 or burdensome. The agency shall publish notice of the meeting in the Louisiana
17 Register, give notice of the meeting electronically to the appropriate legislative
18 oversight committees, and shall provide notice of the meeting to all persons who
19 have made timely request of the agency for notice of rule changes, all no later than
20 thirty days prior to the meeting.
21 (b)The notice of the meeting shall contain:
22 (i) The name of the agency.
23 (ii) The purpose of the meeting.
24 (iii) The time and place of the meeting.
25 (iv) The process for requesting reasonable accommodations for persons with
26 disabilities.
27 (v) The name and contact information of the person within the agency to
28 whom interested persons should direct their views regarding the agency's rules, if in
29 writing, and the deadline for submission of written comments.
30 (c) The agency shall consider fully all written and oral comments and
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1 submissions concerning its rules. The agency shall advise persons who provide oral
2 comments that in order to be submitted to the legislative oversight committees,
3 comments must be submitted to the agency in writing. The agency shall issue a
4 response to each submission describing the principal advantages and disadvantages
5 of the rule changes suggested in the submission. In addition, the agency may prepare
6 a statement explaining the basis and rationale for the rule in question identifying the
7 data and evidence upon which the rule is based. All such statements and responses
8 to submissions shall be furnished to the respective legislative oversight committees
9 in the manner provided by R.S. 49:968(K) and shall be made available to interested
10 persons as soon as possible but no later than one day following their submission to
11 the appropriate legislative oversight committees.
12 C.(1) The statement of fiscal impact shall be prepared by the proposing
13 agency and submitted to the legislative fiscal office for its approval. The fiscal
14 impact statement shall include a statement of the receipt, expenditure, or
15 allocation of state funds or funds of any political subdivision of the state.
16 (2) The statement of economic impact shall be prepared by the proposing
17 agency and submitted to the legislative fiscal office for its approval. The
18 economic impact statement shall include an estimate of the cost to the agency
19 to implement the proposed action, including the estimated amount of
20 paperwork; an estimate of the cost or economic benefit to all persons directly
21 affected by the proposed action; an estimate of the impact of the proposed
22 action on competition and the open market for employment, if applicable; and
23 a detailed statement of the data, assumptions, and methods used in making each
24 of the above estimates.
25 D. When a rule is adopted, amended, or repealed in compliance with federal
26 regulations, the adopting agency's notice of intent and the actual text of the rule as
27 published in the Louisiana Register, must be accompanied by a citation of the
28 Federal Register issue in which the determining federal regulation is published, such
29 citation to be by volume, number, date, and page number.
30 D. When a rule is adopted, amended, or repealed in compliance with
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1 federal regulations, the adopting agency's notice of intent and the actual text of
2 the rule as published in the Louisiana Register shall be accompanied by a
3 citation of the volume, number, date, and page number of the Federal Register
4 issue in which the determining federal regulation is published.
5 E.(1) No agency shall adopt, amend, or repeal any rule if the accompanying
6 fiscal and economic impact statement approved by the legislative fiscal office
7 indicates that the rule change would result in any increase in the expenditure of state
8 funds, unless the rule is adopted as an emergency rule pursuant to the requirements
9 of R.S. 49:953.1 or unless the legislature has specifically appropriated the funds
10 necessary for the expenditures associated with the rule change.
11 (2) The fiscal and economic impact statement shall be summarized by the
12 agency as to the estimated costs or economic benefits or both, to directly affected
13 persons, small businesses, or nongovernmental groups and the summary shall be
14 published in the Louisiana Register.
15 (3) No later than the tenth day of the month, the office of the state register
16 shall electronically transmit to the commercial division of the Department of State,
17 the summary of the fiscal and economic impact statement.
18 E.(1) No agency shall adopt, amend, or repeal any rule if the
19 accompanying fiscal and economic impact statement approved by the legislative
20 fiscal office indicates that the rule change would result in any increase in the
21 expenditure of state funds, unless the rule is adopted as an emergency rule
22 pursuant to the requirements of R.S. 49:962 or unless the legislature has
23 specifically appropriated the funds necessary for the expenditures associated
24 with the rule change.
25 (2) The fiscal and economic impact statement shall be summarized by the
26 agency as to the estimated costs or economic benefits, or both, to directly
27 affected persons, small businesses, or nongovernmental groups and the
28 summary shall be published in the Louisiana Register.
29 (3) No later than the tenth day of the month, the office of the state
30 register shall electronically transmit to the commercial division of the
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1 Department of State, the summary of the fiscal and economic impact statement.
2 F.(1) Notwithstanding any other provision of this Chapter to the contrary, if
3 the Department of Environmental Quality proposes a rule that is not identical to a
4 federal law or regulation or is not required for compliance with a federal law or
5 regulation, the Department of Environmental Quality shall adopt and promulgate
6 such proposed rule separately from any proposed rule or set of proposed rules that
7 is identical to a federal law or regulation or required for compliance with a federal
8 law or regulation. However, if the only difference between the proposed rule or set
9 of proposed rules and the corresponding federal law or regulation is a proposed fee,
10 the Department of Environmental Quality shall not be required to adopt and
11 promulgate such proposed rule or set of proposed rules separately. For purposes of
12 this Subsection, the term "identical" shall mean that the proposed rule has the same
13 content and meaning as the corresponding federal law or regulation.
14 (2) When the Department of Environmental Quality proposes a rule that is
15 not identical to a corresponding federal law or regulation, or is not required for
16 compliance with a federal law or regulation, the Department of Environmental
17 Quality shall provide a brief summary which explains the basis and rationale for the
18 proposed rule, identifies the data and evidence, if any, upon which the rule is based,
19 and identifies any portions of the proposed rule that differ from federal law or
20 regulation if there is a federal law or regulation which is not identical but which
21 corresponds substantially to the proposed rule. Such summary shall be provided
22 along with the notice of intent and shall be published in the Louisiana Register or
23 made available along with the proposed rule as provided in Item (A)(1)(b)(ii) of this
24 Section. The Department of Environmental Quality may also provide such a
25 summary when proposing a rule identical to a corresponding federal law or
26 regulation or proposing a rule which is required for compliance with federal law or
27 regulation to explain the basis and rationale for the proposed rule.
28 (3) Notwithstanding any other provision of this Chapter to the contrary, when
29 the Department of Environmental Quality proposes a rule that is identical to a federal
30 law or regulation applicable in Louisiana, except as provided in Paragraph (4) of this
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1 Subsection, it may use the following procedure for the adoption of the rule:
2 (a) The department shall publish a notice of the proposed rule at least sixty
3 days prior to taking action on the rule as provided below. The notice, which may
4 include an explanation of the basis and rationale for the proposed rule, shall include
5 all of the following:
6 (i) A statement of either the terms or substance of the intended action or a
7 description of the subjects and issues involved.
8 (ii) A statement that no fiscal or economic impact will result from the
9 proposed rule.
10 (iii) The name of the person within the department who has responsibility for
11 responding to inquiries about the intended action.
12 (iv) The time, place, and manner in which interested persons may present
13 their views thereon including the notice for a public hearing required by R.S.
14 30:2011(D)(1).
15 (v) A statement that the intended action complies with the law administered
16 by the department, including a citation of the specific provision, or provisions, of law
17 which authorize the proposed rule.
18 (b) Notice of the proposed rule shall be published at least once in the
19 Louisiana Register and shall be submitted with a full text of the proposed rule to the
20 Louisiana Register at least seventy days prior to the date the department proposes to
21 formally adopt the rule. The Office of the State Register may omit from the
22 Louisiana Register any such proposed rule the publication of which would be unduly
23 cumbersome, expensive, or otherwise inexpedient, if the Louisiana Register contains
24 a notice stating the general subject matter of the omitted proposed rule, the process
25 being employed by the department for adoption of the proposed rule, and stating how
26 a copy of the proposed rule may be obtained.
27 (c) Notice of the intent of the department to adopt the rule shall be mailed to
28 all persons who have made timely request for such notice, which notice shall be
29 mailed at the earliest possible date, and in no case later than ten days after the date
30 when the proposed rule is submitted to the Louisiana Register.
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1 (d) For the purpose of timely notice as required by this Paragraph, the date
2 of notice shall be deemed to be the date of publication of the issue of the Louisiana
3 Register in which the notice appears, such publication date to be the publication date
4 as stated on the outside cover or the first page of said issue.
5 (e) The department shall afford all interested persons an opportunity to
6 submit data, views, comments, or arguments related to the proposed rule, in writing,
7 during a period of no less than thirty days. The department shall consider fully all
8 written comments and submissions respecting the proposed rule.
9 (f) The department shall make available to all interested persons copies of the
10 proposed rule from the time the notice of its adoption is published in the Louisiana
11 Register.
12 (g) The department shall issue a response to comments and submissions
13 describing the principal reasons for and against adoption of any amendments or
14 changes suggested in the written comments and submissions and specifically
15 addressing any assertion that the proposed rule is not identical to the federal law or
16 regulation upon which it is based. The department shall issue such response to
17 comments and submissions to any person who presented comments or submissions
18 on the rule and to any requesting person no later than fifteen days prior to the time
19 of publication of the final rule.
20 (h) No later than fifteen days prior to the time of publication of the final rule
21 in the Louisiana Register, the secretary or any authorized assistant secretary of the
22 department shall do each of the following:
23 (i) Certify under oath, to the governor of the state of Louisiana, the attorney
24 general of Louisiana, the speaker of the House of Representatives, the president of
25 the Senate, the chairman of the House Committee on Natural Resources and
26 Environment, the chairman of the Senate Committee on Environmental Quality, and
27 the Office of the State Register that the proposed rule is identical to a specified
28 federal law or regulation applicable in Louisiana.
29 (ii) Furnish the chairman of the Senate Committee on Environmental Quality
30 and the chairman of the House Committee on Natural Resources and Environment
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1 the response to comments and submissions required under Subparagraph (g) of this
2 Paragraph, together with a copy of the notice required under Subparagraph (a) of this
3 Paragraph.
4 (i) Unless specifically requested, in writing, by the chairman of the House
5 Committee on Natural Resources and Environment or the chairman of the Senate
6 Committee on Environmental Quality within ten days of the certification provided
7 under Subparagraph (h) of this Paragraph, there shall be no legislative oversight of
8 the proposed rule. If, however, legislative oversight is properly requested, R.S.
9 49:968 and Items (A)(2)(b)(ii) and (iii) of this Section shall thereafter apply with
10 respect to the proposed rule.
11 (j) In the absence of legislative oversight, the proposed rule may be adopted
12 by the Department of Environmental Quality no earlier than sixty days, nor later than
13 twelve months, after the official notice of the proposed rule was published in the
14 Louisiana Register; provided, however, that the proposed rule shall be effective upon
15 its publication in the Louisiana Register, said publication to be subsequent to the act
16 of adoption.
17 (4) The procedures set forth in Paragraph (3) of this Subsection for the
18 adoption by the Department of Environmental Quality of rules identical to federal
19 laws or regulations applicable in Louisiana shall not be available for the adoption of
20 any rules creating or increasing fees.
21 F.(1) No later than the tenth day of the month, the office of the state
22 register shall electronically transmit to the commercial division of the
23 Department of State, all of the following information:
24 (a) The small business economic impact statement prepared by the
25 agency pursuant to R.S. 49:974.4 and the small business regulatory flexibility
26 analysis prepared pursuant to R.S. 49:974.5.
27 (b) The summary of the estimated costs to small businesses, citizens, and
28 nongovernmental groups as provided in Subsection E of this Section.
29 (c) Any potpourri notices which are submitted to the office of the state
30 register pursuant to R.S. 49:974.4.
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1 (2) Prior to electronically sending the information required in this
2 Subsection and Subsection E of this Section to the commercial division of the
3 Department of State, the office of the state register shall divide the information
4 by agency.
5 G.(1) Prior to or concurrent with publishing notice of any proposed policy,
6 standard, or regulation pursuant to Subsection A of this Section and prior to
7 promulgating any policy, standard, or final regulation whether pursuant to R.S.
8 49:954 or otherwise under the authority of the Louisiana Environmental Quality Act,
9 R.S. 30:2001 et seq., the Department of Environmental Quality, after August 15,
10 1995, shall publish a report, or a summary of the report, in the Louisiana Register
11 which includes:
12 (a) A statement identifying the specific risks being addressed by the policy,
13 standard, or regulation and any published, peer-reviewed scientific literature used by
14 the department to characterize the risks.
15 (b) A comparative analysis of the risks addressed by the policy, standard, or
16 regulation relative to other risks of a similar or analogous nature to which the public
17 is routinely exposed.
18 (c) An analysis based upon published, readily available peer-reviewed
19 scientific literature, describing how the proposed and final policy, standard, or
20 regulation will advance the purpose of protecting human health or the environment
21 against the specified identified risks.
22 (d) An analysis and statement that, based on the best readily available data,
23 the proposed or final policy, standard, or regulation presents the most cost-effective
24 method practically achievable to produce the benefits intended regarding the risks
25 identified in Subparagraph (a) of this Paragraph.
26 (2) No regulation shall become effective until the secretary complies with the
27 requirements of Paragraph (1) of this Subsection.
28 (3) This provision shall not apply in those cases where the policy, standard,
29 or regulation:
30 (a) Is required for compliance with a federal law or regulation.
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1 (b) Is identical to a federal law or regulation applicable in Louisiana.
2 (c) Will cost the state and affected persons less than one million dollars, in
3 the aggregate, to implement.
4 (d) Is an emergency rule under R.S. 49:953.1.
5 (4) For purposes of this Subsection, the term "identical" shall mean that the
6 proposed rule has the same content and meaning as the corresponding federal law or
7 regulation.
8 (5) In complying with this Section, the department shall consider any
9 scientific and economic studies or data timely provided by interested parties which
10 are relevant to the issues addressed herein and the proposed policy, standard, or
11 regulation being considered.
12 H. The Department of Wildlife and Fisheries and the Louisiana Wildlife and
13 Fisheries Commission may employ the timetables and provisions of Subsection B
14 of this Section in promulgating rules and regulations relative to hunting seasons,
15 trapping seasons, alligator seasons, shrimp seasons, oysters seasons, and finfish
16 seasons and size limits, and all rules and regulations pursuant thereto. Rules adopted
17 annually pursuant to this Subsection which open and close the offshore and fall
18 shrimp seasons, the oyster seasons, the marine finfish seasons, the webless migratory
19 game bird hunting season, and the trapping season shall be effective for the duration
20 of the respective season. Notwithstanding the provisions of Paragraph (B)(4) of this
21 Section, any legislative oversight hearing held on a rule proposed under the
22 provisions of this Subsection shall be held no earlier than five days and no later than
23 thirty days following the date of adoption of the rule.
24 I.(1) No later than the tenth day of the month, the office of the state register
25 shall electronically transmit to the commercial division of the Department of State,
26 all of the following information:
27 (a) The small business economic impact statement prepared by the agency
28 pursuant to R.S. 49:978.4 and the small business regulatory flexibility analysis
29 prepared pursuant to R.S. 49:978.5.
30 (b) The summary of the estimated costs to small businesses, citizens, and
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1 nongovernmental groups as is provided in Subsection E of this Section.
2 (c) Any potpourri notices which are submitted to the office of the state
3 register pursuant to R.S. 49:978.4.
4 (2) Prior to electronically sending the information required in this Subsection
5 and Subsection E of this Section to the commercial division of the Department of
6 State, the office of the state register shall divide the information by agency.
7 §953.1.§962. Emergency rulemaking
8 A.(1) In extraordinary circumstances an agency may adopt an emergency rule
9 as an alternative to the rulemaking provisions provided for in R.S. 49:953 R.S.
10 49:961. An emergency rule may be adopted by an agency without prior notice or a
11 public hearing for any of the following reasons:
12 * * *
13 (5) No emergency rule shall be adopted by an agency more than two
14 consecutive times unless the agency is operating under a state or federal declaration
15 of disaster, a state or federal public health emergency, or an ongoing emergency as
16 authorized by the legislature, governor, or other provision of law. However, the
17 agency may concurrently proceed with the adoption of an identical rule pursuant to
18 the procedure provided for in R.S. 49:953(A) R.S. 49:961(A).
19 * * *
20 C. The validity of an emergency rule may be determined in an action for
21 declaratory judgment in the district court of the parish in which the agency is located.
22 The agency shall be made a party to the action. An action for a declaratory judgment
23 under this Section may be brought only by a person to whom such emergency rule
24 is applicable or who would be adversely affected by such emergency rule and only
25 on the grounds that the emergency rule does not meet the criteria for adoption of an
26 emergency rule as provided in Paragraph (A)(1) of this Section. The court shall
27 declare the emergency rule invalid if it finds that there is not sufficient evidence that
28 such emergency rule must be adopted on an emergency basis for one or more of the
29 reasons for adoption of an emergency rule as provided in Subsection A of this
30 Section. Notwithstanding any provision of law to the contrary, the emergency rule
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1 shall remain in effect until such declaratory judgment is rendered. The provisions of
2 R.S. 49:963 R.S. 49:968 shall not apply to any action brought pursuant to this
3 Section. The provisions of this Section are in addition to R.S. 49:963 R.S. 49:968
4 and shall not limit any action pursuant to R.S. 49:963 R.S. 49:968.
5 * * *
6 G. The Department of Wildlife and Fisheries and the Louisiana Wildlife
7 and Fisheries Commission may employ the timetables and provisions of this
8 Section in promulgating rules and regulations relative to hunting seasons,
9 trapping seasons, alligator seasons, shrimp seasons, oyster seasons, and finfish
10 seasons and size limits, and all rules and regulations pursuant thereto. Rules
11 adopted annually pursuant to this Subsection which open and close the offshore
12 and fall shrimp seasons, the oyster seasons, the marine finfish seasons, the
13 webless migratory game bird hunting season, and the trapping season shall be
14 effective for the duration of the respective season. Notwithstanding the
15 provisions of Subsection D of this Section, any legislative oversight hearing held
16 on a rule proposed under the provisions of this Subsection shall be held no
17 earlier than five days and no later than thirty days following the date of
18 adoption of the rule.
19 §963. Department of Environmental Quality; procedure for adoption of rules
20 A.(1) Notwithstanding any other provision of this Chapter to the
21 contrary, if the Department of Environmental Quality proposes a rule that is
22 not identical to a federal law or regulation or is not required for compliance
23 with a federal law or regulation, the department shall do all of the following:
24 (a) Adopt and promulgate the proposed rule separately from any
25 proposed rule or set of proposed rules that is identical to a federal law or
26 regulation or required for compliance with a federal law or regulation, unless
27 the only difference between the proposed rule or set of proposed rules and the
28 corresponding federal law or regulation is a proposed fee. For purposes of this
29 Subsection, the term "identical" shall mean that the proposed rule has the same
30 content and meaning as the corresponding federal law or regulation.
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1 (b)(i) Provide a brief summary which explains the basis and rationale for
2 the proposed rule, identifies the data and evidence, if any, upon which the rule
3 is based, and identifies any portions of the proposed rule that differ from
4 federal law or regulation if there is a federal law or regulation which is not
5 identical but which corresponds substantially to the proposed rule.
6 (ii) The summary shall be provided along with the notice of intent and
7 shall be published in the Louisiana Register or made available along with the
8 proposed rule as provided in R.S. 49:961(A)(4). The department may also
9 provide the summary when proposing a rule identical to a corresponding
10 federal law or regulation or proposing a rule which is required for compliance
11 with federal law or regulation to explain the basis and rationale for the
12 proposed rule.
13 (2) Notwithstanding any other provision of this Chapter to the contrary,
14 when the department proposes a rule that is identical to a federal law or
15 regulation applicable in Louisiana, except as provided in Paragraph (3) of this
16 Subsection, it may use the following procedure for the adoption of the rule:
17 (a) The department shall publish a notice of the proposed rule at least
18 sixty days prior to taking action on the rule as provided below. The notice,
19 which may include an explanation of the basis and rationale for the proposed
20 rule, shall include all of the following:
21 (i) A statement of either the terms or substance of the intended action or
22 a description of the subjects and issues involved.
23 (ii) A statement that no fiscal or economic impact will result from the
24 proposed rule.
25 (iii) The name of the person within the department who has
26 responsibility for responding to inquiries about the intended action.
27 (iv) The time, place, and manner in which interested persons may
28 present their views including the notice for a public hearing required by R.S.
29 30:2011(D)(1).
30 (v) A statement that the intended action complies with the law
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1 administered by the department, including a citation of the specific provisions
2 of law which authorize the proposed rule.
3 (b) Notice of the proposed rule shall be published at least once in the
4 Louisiana Register and shall be submitted with a full text of the proposed rule
5 to the Louisiana Register at least seventy days prior to the date the department
6 proposes to formally adopt the rule. The office of the state register may omit
7 from the Louisiana Register any proposed rule the publication of which would
8 be unduly cumbersome, expensive, or otherwise inexpedient, if the Louisiana
9 Register contains a notice stating the general subject matter of the omitted
10 proposed rule, the process being employed by the department for adoption of
11 the proposed rule, and stating how a copy of the proposed rule may be obtained.
12 (c) Notice of the intent of the department to adopt the rule shall be
13 transmitted to all persons who have made timely request for notice at the
14 earliest possible date, and in no case later than ten days after the date when the
15 proposed rule is submitted to the Louisiana Register.
16 (d) For the purposes of this Paragraph, the date of notice is the date of
17 publication of the issue of the Louisiana Register in which the notice appears as
18 stated on the outside cover or the first page of the issue.
19 (e) The department shall afford all interested persons an opportunity to
20 submit data, views, comments, or arguments related to the proposed rule, in
21 writing, during a period of no less than thirty days. The department shall
22 consider fully all written comments and submissions respecting the proposed
23 rule.
24 (f) The department shall make available to all interested persons copies
25 of the proposed rule from the time the notice of its adoption is published in the
26 Louisiana Register.
27 (g) The department shall issue a response to comments and submissions
28 describing the principal reasons for and against adoption of any amendments
29 or changes suggested in the written comments and submissions and specifically
30 addressing any assertion that the proposed rule is not identical to the federal
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1 law or regulation upon which it is based. The department shall issue the
2 response to comments and submissions to any person who presented comments
3 or submissions on the rule and to any requesting person no later than fifteen
4 days prior to the time of publication of the final rule.
5 (h) No later than fifteen days prior to the time of publication of the final
6 rule in the Louisiana Register, the secretary or any authorized assistant
7 secretary of the department shall do each of the following:
8 (i) Certify under oath, to the governor of the state of Louisiana, the
9 attorney general of Louisiana, the speaker of the House of Representatives, the
10 president of the Senate, the chairman of the House Committee on Natural
11 Resources and Environment, the chairman of the Senate Committee on
12 Environmental Quality, and the office of the state register that the proposed
13 rule is identical to a specified federal law or regulation applicable in Louisiana.
14 (ii) Furnish the chairman of the Senate Committee on Environmental
15 Quality and the chairman of the House Committee on Natural Resources and
16 Environment the response to comments and submissions required under
17 Subparagraph (g) of this Paragraph, together with a copy of the notice required
18 under Subparagraph (a) of this Paragraph.
19 (i) Unless specifically requested, in writing, by the chairman of the House
20 Committee on Natural Resources and Environment or the chairman of the
21 Senate Committee on Environmental Quality within ten days of the certification
22 provided under Subparagraph (h) of this Paragraph, there shall be no
23 legislative oversight of the proposed rule. If, however, legislative oversight is
24 properly requested, R.S. 49:961(B)(2) and (3) and 966 shall thereafter apply
25 with respect to the proposed rule.
26 (j) In the absence of legislative oversight, the proposed rule may be
27 adopted by the department no earlier than sixty days, nor later than twelve
28 months, after the official notice of the proposed rule was published in the
29 Louisiana Register. The proposed rule shall be effective upon its publication in
30 the Louisiana Register subsequent to the act of adoption.
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1 (3) The procedures set forth in Paragraph (2) of this Subsection for the
2 adoption by the department of rules identical to federal laws or regulations
3 applicable in Louisiana shall not be available for the adoption of any rules
4 creating or increasing fees.
5 B.(1) Prior to or concurrent with publishing notice of any proposed
6 policy, standard, or regulation pursuant to Subsection A of this Section and
7 prior to promulgating any policy, standard, or final regulation whether
8 pursuant to R.S. 49:965 or otherwise under the authority of the Louisiana
9 Environmental Quality Act, R.S. 30:2001 et seq., the department shall publish
10 a report, or a summary of the report, in the Louisiana Register which includes:
11 (a) A statement identifying the specific risks being addressed by the
12 policy, standard, or regulation and any published, peer-reviewed scientific
13 literature used by the department to characterize the risks.
14 (b) A comparative analysis of the risks addressed by the policy, standard,
15 or regulation relative to other risks of a similar or analogous nature to which
16 the public is routinely exposed.
17 (c) An analysis based upon published, readily available peer-reviewed
18 scientific literature, describing how the proposed and final policy, standard, or
19 regulation will advance the purpose of protecting human health or the
20 environment against the specified identified risks.
21 (d) An analysis and statement that, based on the best readily available
22 data, the proposed or final policy, standard, or regulation presents the most
23 cost-effective method practically achievable to produce the benefits intended
24 regarding the risks identified in Subparagraph (a) of this Paragraph.
25 (2) No regulation shall become effective until the secretary complies with
26 the requirements of Paragraph (1) of this Subsection.
27 (3) This provision shall not apply in those cases where the policy,
28 standard, or regulation meets one or more of the following criteria:
29 (a) Is required for compliance with a federal law or regulation.
30 (b) Is identical to a federal law or regulation applicable in Louisiana.
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1 (c) Will cost the state and affected persons less than one million dollars,
2 in the aggregate, to implement.
3 (d) Is an emergency rule under R.S. 49:962.
4 (4) For purposes of this Subsection, the term "identical" shall mean that
5 the proposed rule has the same content and meaning as the corresponding
6 federal law or regulation.
7 (5) In complying with this Section, the department shall consider any
8 scientific and economic studies or data timely provided by interested parties
9 which are relevant to the issues addressed and the proposed policy, standard,
10 or regulation being considered.
11 §954.3.§963.1 Environmental Regulatory Code
12 [Section redesignated from R.S. 49:954.3]
13 §964. Public request for the adoption, amendment, or repeal of a rule; agency
14 rule review
15 A. An interested person may petition an agency requesting the adoption,
16 amendment, or repeal of a rule. Each agency shall prescribe by rule the form
17 for petitions and the procedure for their submission, considerations, and
18 disposition. Within ninety days after submission of a petition, the agency shall
19 either deny the petition in writing, stating reasons for the denial, or shall initiate
20 rulemaking proceedings in accordance with this Chapter. Each agency with an
21 appropriated operating budget of five million dollars or more shall include on
22 its website a description of the procedure for submitting petitions in accordance
23 with this Subsection.
24 B.(1) At least once prior to January 1, 2020, and at least once during
25 every six-year period thereafter, each agency subject to Subsection A of this
26 Section which engages in rulemaking shall conduct a public hearing for the
27 purpose of allowing any interested person the opportunity to comment on any
28 rule of the agency which the person believes is contrary to law, outdated,
29 unnecessary, overly complex, or burdensome. The agency shall publish notice
30 of the meeting in the Louisiana Register, give notice of the meeting
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1 electronically to the appropriate legislative oversight committees, and shall
2 provide notice of the meeting to all persons who have made timely request of the
3 agency for notice of rule changes, all no later than thirty days prior to the
4 meeting.
5 (2) The notice of the meeting shall contain:
6 (a) The name of the agency.
7 (b) The purpose of the meeting.
8 (c) The time and place of the meeting.
9 (d) The process for requesting reasonable accommodations for persons
10 with disabilities.
11 (e) The name and contact information of the person within the agency
12 to whom interested persons should direct their views regarding the agency's
13 rules, if in writing, and the deadline for submission of written comments.
14 (3) The agency shall consider fully all written and oral comments and
15 submissions concerning its rules. The agency shall advise persons who provide
16 oral comments that in order to be submitted to the legislative oversight
17 committees, comments must be submitted to the agency in writing. The agency
18 shall issue a response to each submission describing the principal advantages
19 and disadvantages of the rule changes suggested in the submission. In addition,
20 the agency may prepare a statement explaining the basis and rationale for the
21 rule in question identifying the data and evidence upon which the rule is based.
22 All such statements and responses to submissions shall be furnished to the
23 respective legislative oversight committees in the manner provided by R.S.
24 49:966(K) and shall be made available to interested persons as soon as possible
25 but no later than one day following their submission to the appropriate
26 legislative oversight committees.
27 §954.§965. Filing; taking effect of rules
28 A. No rule adopted on or after January 1, 1975, is valid unless adopted in
29 substantial compliance with this Chapter. Each rulemaking agency shall file a
30 certified copy of its rules with the Office of the State Register. No rule, whether
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1 adopted before, on, or after January 1, 1975, shall be effective, nor may it be
2 enforced, unless it has been properly filed with the Office of the State Register. No
3 rule adopted on or after November 1, 1978, shall be effective, nor may it be
4 enforced, unless prior to its adoption a report relative to the proposed rule change is
5 submitted to the appropriate standing committee of the legislature or to the presiding
6 officers of the respective houses as provided in R.S. 49:968 R.S. 49:966. No rule
7 adopted on or after September 12, 1980, shall be effective, nor may it be enforced,
8 unless the approved economic and fiscal impact statements, as provided in R.S.
9 49:953(A) R.S. 49:961, have been filed with the Office of the State Register and
10 published in the Louisiana Register. The inadvertent failure to mail notice and
11 statements to persons making request for such mail notice, as provided in R.S.
12 49:953 R.S. 49:961, shall not invalidate any rule adopted hereunder. A proceeding
13 under R.S. 49:963 R.S. 49:968 to contest any rule on the grounds of noncompliance
14 with the procedures for adoption, as given in this Chapter, must be commenced
15 within two years from the date upon which the rule became effective.
16 B. * * *
17 (2) An emergency rule shall be considered effective pursuant to the
18 provisions of R.S. 49:953.1 R.S. 49:962.
19 §968.§966. Review of agency rules; fees
20 * * *
21 B. Prior to the adoption, amendment, or repeal of any rule or the adoption,
22 increase, or decrease of any fee, the agency shall submit a report relative to such the
23 proposed rule change or fee adoption, increase, or decrease to the appropriate
24 standing committees of the legislature and the presiding officers of the respective
25 houses as provided in this Section. The report shall be so submitted on the same day
26 the notice of the intended action is submitted to the Louisiana Register for
27 publication in accordance with R.S. 49:953(A)(1) R.S. 49:961. The report shall be
28 submitted to each standing committee electronically if electronic means are
29 available. If no electronic means are available, the report shall be submitted to the
30 committee's office in the state capitol by certified mail with return receipt requested
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1 or by messenger who shall provide a receipt for signature. The electronic receipt by
2 the committee, return receipt or the messenger's receipt shall be proof of receipt of
3 the report by the committee.
4 * * *
5 (24) * * *
6 (b) Whenever the fiscal impact or economic impact of the proposed rule
7 change or fee adoption, increase, or decrease is five hundred thousand dollars or
8 more as indicated by the statement of fiscal impact or the statement of economic
9 impact required by Subsection C of this Section, the agency shall transmit the report
10 provided for in Subsection C of this Section to each member of the legislature via
11 electronic mail on the same day the notice of the intended action is submitted to the
12 Louisiana Register for publication in accordance with R.S. 49:953 R.S. 49:961.
13 C. The report, as provided for in Subsection B of this Section, shall contain:
14 * * *
15 (2) A statement of the proposed action, that is, whether the rule is proposed
16 for adoption, amendment, or repeal; a brief summary of the content of the rule if
17 proposed for adoption or repeal; and a brief summary of the change in the rule if
18 proposed for amendment.
19 * * *
20 (4) A statement of the circumstances which require adoption, amending, or
21 repeal of the rule or the adoption, increasing, or decreasing of the fee.
22 * * *
23 D.(1)(a) The chairman of each standing committee to which reports are
24 submitted shall appoint an oversight subcommittee, which may conduct hearings on
25 all rules that are proposed for adoption, amendment, or repeal and on all proposed
26 fee adoptions, increases, or decreases. Any such hearing shall be conducted after any
27 hearing is conducted by the agency pursuant to R.S. 49:953(A)(2) R.S. 49:961.
28 (b) The agency shall submit a report to the subcommittee, in the same manner
29 as the submittal of the report provided for in Subsection B of this Section, which
30 shall include all of the following:
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1 (i) A summary of all testimony at any hearing conducted pursuant to R.S.
2 49:953(A)(2) R.S. 49:961.
3 * * *
4 (c) The agency shall publish on its website public notice that the report
5 required by Subparagraph (b) of this Paragraph has been delivered to the appropriate
6 standing committee as provided for in Subsection B of this Section within one five
7 business day days from submission of the report to the appropriate standing
8 committee. If the agency does not maintain a website, the agency may submit the
9 public notice to the Office of the State Register for publication on a website
10 maintained by the Office of the State Register.
11 * * *
12 (3) At such the hearings, the oversight subcommittees shall make all of the
13 following determinations:
14 (a) Determine whether Whether the rule change or action on fees is in
15 conformity with the intent and scope of the enabling legislation purporting to
16 authorize the adoption thereof.
17 (b) Determine whether Whether the rule change or action on fees is in
18 conformity and not contrary to all applicable provisions of law and of the
19 constitution.
20 (c) Determine the The advisability or relative merit of the rule change or
21 action on fees.
22 (d) Determine whether Whether the rule change or action on fees is
23 acceptable or unacceptable to the oversight subcommittee.
24 E.(1)(a) Each such determination shall be made by the respective
25 subcommittees of each house acting separately. Action by a subcommittee shall
26 require the favorable vote of a majority of the members of the subcommittee who are
27 present and voting, provided a quorum is present.
28 * * *
29 F.(1) If either the House or Senate oversight subcommittee determines that
30 a proposed rule change or proposed fee action is unacceptable, the respective
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1 subcommittee shall provide a written report which contains all of the following:
2 * * *
3 G. After receipt of the report of the subcommittee, the governor shall have
4 ten calendar days in which to disapprove the action taken by the subcommittee. If the
5 action of the subcommittee is not disapproved by the governor within ten calendar
6 days from the day the subcommittee report is delivered to him, the rule change shall
7 not be adopted by the agency until it has been changed or modified and subsequently
8 found acceptable by the subcommittee, or has been approved by the standing
9 committee, or by the legislature by concurrent resolution. If a proposed rule change
10 is determined to be unacceptable by an oversight committee and such the
11 determination is not disapproved by the governor as provided in this Section, the
12 agency shall not propose a rule change or emergency rule that is the same or
13 substantially similar to such disapproved proposed rule change nor shall the agency
14 adopt an emergency rule that is the same or substantially similar to such disapproved
15 proposed rule change within four months after issuance of a written report by the
16 subcommittee as provided in Subsection F of this Section nor more than once during
17 the interim between regular sessions of the legislature.
18 H.(1) If both the House and Senate oversight subcommittees fail to find a
19 proposed rule change unacceptable as provided herein, or if the governor disapproves
20 the action of an oversight subcommittee within the time provided in R.S. 49:968(G)
21 Subsection G of this Section, the proposed rule change may be adopted by the
22 agency in the identical form proposed by the agency or with technical changes or
23 with changes suggested by the subcommittee, provided if at least ninety days and no
24 more than twelve months have elapsed since notice of intent was published in the
25 Louisiana Register.
26 (2) Substantive changes to a rule proposed for adoption, amendment, or
27 repeal occur if the nature of the proposed rule is altered or if such the changes affect
28 additional or different substantive matters or issues not included in the notice
29 required by R.S. 49:953(A)(1) R.S. 49:961. Whenever an agency seeks to
30 substantively change a proposed rule after notice of intent has been published in the
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1 Louisiana Register pursuant to R.S. 49:953(A)(1) R.S. 49:961, the agency shall hold
2 a public hearing on the substantive changes preceded by an announcement of the
3 hearing in the Louisiana Register. A notice of the hearing shall be mailed within ten
4 days after the date the announcement is submitted to the Louisiana Register to all
5 persons who have made request of the agency for such notice. Any hearing by the
6 agency pursuant to this Paragraph shall be held no earlier than thirty days after the
7 publication of the announcement in the Louisiana Register. The agency hearing shall
8 conform to R.S. 49:953(A)(2)(b) R.S. 49:961, and a report on the hearing shall be
9 made to the oversight committees in accordance with Subparagraph D(1)(b) of this
10 Section. The agency shall make available to interested persons a copy of such the
11 report no later than one working day following the submittal of such report to the
12 oversight committees. Any determination as to the rule by the oversight committees,
13 prior to gubernatorial review as provided in Subsection G of this Section, shall be
14 made no earlier than five days and no later than thirty days following the day the
15 report required by this Paragraph is received from the agency.
16 (3) If a rule or part of a rule that is severable from a larger rule or body of
17 rules proposed as a unit is found unacceptable, the rules or parts thereof found
18 acceptable may be adopted by the agency in accordance with Paragraph (1) of this
19 Subsection.
20 * * *
21 J. The Louisiana Register shall publish a copy of the written report of an
22 oversight subcommittee and the written report of the governor in disapproving any
23 such action, or if unduly cumbersome, expensive, or otherwise inexpedient, a notice
24 stating the general subject matter of the omitted report and stating how a copy
25 thereof may be obtained.
26 K. * * *
27 (2) The report required by Paragraph (1) of this Subsection shall also contain
28 a recitation of each petition and submission, if any, received by the agency pursuant
29 to R.S. 49:953(C) R.S. 49:961 during the previous calendar year and the agency's
30 response to each petition and submission, if any were received.
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1 * * *
2 §968.1§967. Review of rules relative to state content standards; elementary and
3 secondary education
4 [Section redesignated from R.S. 49:968.1]
5 §963.§968. Judicial review of validity or applicability of rules
6 [Section redesignated from R.S. 49:963]
7 §969. Legislative veto, amendment, or suspension of rules, regulations, and fees
8 A. In addition to the procedures provided in R.S. 49:968 R.S. 49:966 for
9 review of the exercise of the rulemaking authority delegated by the legislature to
10 state agencies, as defined by this Chapter, the legislature, by Concurrent Resolution,
11 may suspend, amend, or repeal any rule or regulation or body of rules or regulations,
12 or any fee or any increase, decrease, or repeal of any fee, adopted by a state
13 department, agency, board, or commission. The Louisiana Register shall publish a
14 brief summary of any Concurrent Resolution adopted by the legislature pursuant to
15 this Section. Such The summary shall be published not later than forty-five days
16 after signing of such Resolution by the presiding officers of the legislature.
17 * * *
18 §970. Gubernatorial suspension or veto of rules and regulations
19 A. The governor, by executive order, may suspend or veto any rule or
20 regulation or body of rules or regulations adopted by a state department, agency,
21 board or commission, except as provided in R.S. 49:967 R.S. 49:954, within thirty
22 days of their adoption. Upon the execution of such an order, the governor shall
23 transmit copies thereof of the order to the speaker of the House of Representatives
24 and president of the Senate.
25 * * *
26 §971. Rejection of agency fee adoption, increases, or decreases; prohibition against
27 fee increases and new fees; exceptions
28 A.(1) If either the House or Senate oversight subcommittees appointed
29 pursuant to R.S. 49:968 R.S. 49:966 determines that a proposed fee adoption,
30 increase, or decrease is unacceptable, the respective subcommittee shall provide a
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1 written report containing the reasons therefor for the finding to the governor, the
2 agency proposing the fee adoption, increase, or decrease, and the other house of the
3 legislature. If the oversight subcommittee of the other house of the legislature
4 likewise determines that the proposed fee adoption, increase, or decrease is
5 unacceptable the fee action shall not be adopted by the agency.
6 * * *
7 (3) However, no state agency which has the authority to impose or assess fees
8 shall increase any existing fee or impose any new fee unless the fee increase or fee
9 adoption is expressly authorized pursuant to a fee schedule established by statute or
10 specifically authorized by a federal law, rules, or regulations for the purpose of
11 satisfying an express mandate of such federal law, rule, or regulation. No state
12 agency shall adjust, modify or change the formula for any authorized fee in a manner
13 that would increase the fee paid by any person by more than five percent of the
14 relevant fee paid by such person in the previous fiscal year. Proposed fee increases
15 of less than five percent shall be subject to oversight as required by R.S. 49:968 R.S.
16 49:966.
17 * * *
18 B. Action by a subcommittee shall require a quorum and the favorable vote
19 of a majority of the members of the subcommittee who are present and voting,
20 provided a quorum is present.
21 * * *
22 §978.1.§974.1. Short title
23 R.S. 49:978.1 R.S. 49:974.1 through 978.8 974.8 may be cited as the Small
24 Business Protection Act and are referred to therein as "this Act".
25 §978.2.§974.2. Intent; legislative findings
26 [Section redesignated from R.S. 49:978.2]
27 §978.3.§974.3. Definitions
28 [Section redesignated from R.S. 49:978.3]
29 §978.4.§974.4. Small business economic impact statements; potpourri notices
30 A. * * *
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1 (2) The small business economic impact statement shall be submitted to the
2 office of the state register pursuant to R.S. 49:953 R.S. 49:961.
3 * * *
4 §978.5.§974.5. Regulatory flexibility analysis
5 * * *
6 B. Prior to the adoption of any proposed rule by an agency which according
7 to the economic impact statement required by R.S. 49:978.4 R.S. 49:974.4 and the
8 results of the regulatory flexibility analysis required by this Section would have an
9 adverse impact on small businesses, the agency shall notify the Department of
10 Economic Development of its intent to adopt the proposed rule.
11 C. The agency shall submit the small business flexibility analysis with the
12 office of the state register, pursuant to R.S. 49:953 R.S. 49:961.
13 §978.6.§974.6. Conflicts of law
14 [Section redesignated from R.S. 49:978.6]
15 §978.7.§974.7. Notification
16 Upon receiving the electronic transfer of information from the office of the
17 state register, as provided in R.S. 49:953 R.S. 49:961, the commercial division of the
18 Department of State shall perform all of the following items:
19 * * *
20 §978.8.§974.8. Small business advocate; posting of rules
21 A. The secretary of state shall designate a small business advocate from the
22 existing staff of the commercial division of the Department of State to implement
23 and maintain the notification duties and functions required of the Department of
24 State pursuant to R.S. 49:978.7 R.S. 49:974.7.
25 B. The small business advocate shall coordinate the implementation and
26 maintenance of the website of the commercial division of the Department of State
27 relative to the receipt of information from the office of the state register, pursuant to
28 R.S. 49:953 R.S. 49:961. The department shall enter into an agreement with the
29 office of the state register to arrange for the electronic receipt of the information on
30 an ongoing basis.
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1 * * *
2 PART III. ADJUDICATION
3 §955.§975. Adjudication; notice; hearing; records
4 * * *
5 B.(1) The notice shall include all of the following:
6 (1)(a) A statement of the time, place, and nature of the hearing;.
7 (2)(b) A statement of the legal authority and jurisdiction under which the
8 hearing is to be held;.
9 (3)(c) A reference to the particular sections of the statutes and rules
10 involved;.
11 (4)(d) A short and plain statement of the matters asserted.
12 (2) If the agency or other party is unable to state the matters in detail at the
13 time the notice is served, the initial notice may be limited to a statement of the issues
14 involved. Thereafter, upon application, a more definite and detailed statement shall
15 be furnished.
16 C. Opportunity shall be afforded all parties to respond and present evidence
17 on all issues of fact involved and argument on all issues of law and policy involved
18 and to conduct such cross-examination as may be required for a full and true
19 disclosure of the facts.
20 * * *
21 E. The record in a case of adjudication shall include all of the following:
22 (1) All pleadings, motions, intermediate rulings;.
23 (2) Evidence received or considered or a resume thereof if not transcribed;.
24 (3) A statement of matters officially noticed except matters so obvious that
25 statement of them would serve no useful purpose;.
26 (4) Offers of proof, objections, and rulings thereon;.
27 (5) Proposed findings and exceptions;.
28 (6) Any decision, opinion, or report by the officer presiding at the hearing.
29 F. The agency shall make a full transcript of all proceedings before it when
30 the statute governing it requires it, and, in the absence of such a requirement, shall,
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1 at the request of any party or person, have prepared and furnish him with a copy of
2 the transcript or any part thereof of the transcript upon payment of the cost thereof
3 unless the governing statute or constitution provides that it shall be furnished without
4 cost.
5 * * *
6 §956.§975.1. Rules of evidence; official notice; oaths and affirmations; subpoenas;
7 depositions and discovery; and confidential privileged information
8 [Section redesignated from R.S. 49:956]
9 §956.1§975.2. Administrative proceedings; member of the legislature or personnel
10 as witness
11 [Section redesignated from R.S. 49:956.1]
12 §957.§976. Examination of evidence by agency
13 [Section redesignated from R.S. 49:957]
14 §958.§977. Decisions and orders
15 [Section redesignated from R.S. 49:958]
16 §959.§977.1. Rehearings
17 A. A decision or order in a case of adjudication shall be subject to rehearing,
18 reopening, or reconsideration by the agency, within ten days from the date of its
19 entry. The grounds for such action shall be either that one of the following:
20 (1) The decision or order is clearly contrary to the law and the evidence;.
21 (2) The party has discovered since the hearing evidence important to the
22 issues which he could not have with due diligence obtained before or during the
23 hearing;.
24 (3) There is a showing that issues not previously considered ought to be
25 examined in order properly to dispose of the matter; or.
26 (4) There is other good ground for further consideration of the issues and the
27 evidence in the public interest.
28 * * *
29 §960.§977.2. Ex parte consultations and recusations
30 * * *
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1 B. A subordinate deciding officer or agency member shall withdraw from any
2 adjudicative proceeding in which he cannot accord a fair and impartial hearing or
3 consideration. Any party may request the disqualification of a subordinate deciding
4 officer or agency member, on the ground of his inability to give a fair and impartial
5 hearing, by filing an affidavit, promptly upon discovery of the alleged
6 disqualification, stating with particularity the grounds upon which it is claimed that
7 a fair and impartial hearing cannot be accorded. The issue shall be determined
8 promptly by the agency, or, if it affects a member or members of the agency, by the
9 remaining members thereof, if a quorum. Upon the entry of an order of
10 disqualification affecting a subordinate deciding officer, the agency shall assign
11 another in his stead or shall conduct the hearing itself. Upon the disqualification of
12 a member of an agency, the governor immediately shall appoint a member pro tem
13 to sit in place of the disqualified member in that proceeding. In further action, after
14 the disqualification of a member of an agency, the provisions of R.S. 49:957 R.S.
15 49:976 shall apply.
16 §961.§977.3. Licenses
17 [Section redesignated from R.S. 49:961]
18 §962.§977.4. Declaratory orders and rulings
19 [Section redesignated from R.S. 49:962]
20 §962.1§978. Judicial review, rule to show cause for permit applicants
21 [Section redesignated from R.S. 49:962.1]
22 §964.§978.1. Judicial review of adjudication
23 [Section Redesignated from R.S. 49:964]
24 §964.1.§978.2. Judicial review; attorney fees; court costs; report
25 * * *
26 C. All payments for litigation expenses required by this Section shall be paid
27 from the agency's regular operating budget. Each agency which has paid such
28 litigation expenses shall submit a detailed report of all such payments from the prior
29 fiscal year to its legislative oversight committees and to the Joint Legislative
30 Committee on the Budget no later than November fifteenth of each year. For the
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1 purposes of this Subsection and of R.S. 49:992(H), the term "litigation expenses"
2 shall mean court costs and attorney fees of the agency and of any other party if the
3 agency was required to pay such costs and fees.
4 §965.§979. Appeals
5 [Section redesignated from R.S. 49:965]
6 §965.1.§980. Expenses of administrative proceedings; right to recover
7 [Section redesignated from R.S. 49:965.1]
8 Section 2(A). The Louisiana State Law Institute is hereby directed to redesignate
9 R.S. 49:950 through 957, as provided in Section 1 of this Act, as Part I of Chapter 13 of Title
10 49 of the Louisiana Revised Statutes of 1950, to be entitled "General Provisions".
11 (B) The Louisiana State Law Institute is hereby directed to redesignate R.S. 49:961
12 through 974.8, as provided in Section 1 of this Act, as Part II of Chapter 13 of Title 49 of the
13 Louisiana Revised Statutes of 1950, to be entitled "Rule Promulgation".
14 (C) The Louisiana State Law Institute is hereby directed to redesignate R.S. 49:975
15 through 980, as provided in Section 1 of this Act, as Part III of Chapter 13 of Title 49 of the
16 Louisiana Revised Statutes of 1950, to be entitled "Adjudication".
17 Section 3. The Louisiana State Law Institute is hereby authorized to update any
18 citation references in Louisiana Law to conform with the changes made by this Act.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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