Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SB67 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Brandi Cannon.
DIGEST
SB 67 Original	2022 Regular Session	Fred Mills
Proposed law reorganizes and recodifies the Administrative Procedure Act, Chapter 13 of Title 49
of present law.
Present law provides that an agency shall hold a public hearing no earlier than 35 days and no later
than 40 days after the notice of the intended action is published in the La. Register.
Proposed law extends the maximum time for a hearing to no later than 45 days.
Present law provides for an agency to publish on its website public notice that the report
summarizing public comments and the agency responses has been delivered to the appropriate
standing committee within one business day from submission of the report to the appropriate
standing committee. Proposed law expands the deadline to five business days after submission.
Present law provides for the La. Administrative Code to contain all executive orders issued by the
governor which are in effect at the time the Code is published. Proposed law requires the Office of
the State Register to publish all executive orders issued by the governor.
Present law provides that, except as provided in present law, a person who is aggrieved by a final
decision or order in an administrative adjudication proceeding is entitled to judicial review whether
or not he has applied to the agency for rehearing, without limiting, however, utilization of or the
scope of judicial review available under other means of review, redress, relief, or trial de novo
provided by law. Proposed law retains present law but relocates the language relative to no limitation
on the utilization or scope of judicial review available pursuant to other provisions of law.
Proposed law directs the La. State Law Institute to take the following actions:
(1)Redesignate provisions of present law into a new format and number scheme as provided in
proposed law without changing the text of the provisions except as provided in proposed law.
(2)Change references throughout present law as necessary to reflect the new citations provided
for in proposed law.
Proposed law creates three parts in the current chapter of present law, to be numbered, entitled, and
comprised as follows:
Part I.General Provisions
Comprising R.S. 49:950 through 957 of proposed law.
Part II.Rule Promulgation Comprising R.S. 49:961 through 974.4 of proposed law.
Part III. Adjudication
Comprising R.S. 49:975 through 980 of proposed law.
Proposed law does not change the present law citations of R.S. 49:950, 951, and 973.
Proposed law changes only the citation of the following present law provisions:
R.S. 49:952, 954.3, 956, 956.1, 957, 958, 961, 962, 962.1, 963, 965, 965.1, 967.1, 968.1,
978.2, 978.3, and 978.6.
Proposed law makes various technical changes to modernize present law.
Effective August 1, 2022.
(Amends R.S. 49:951(9), 953, 953.1(A)(1)(intro. para.), 953.1(A)(5), and (C), 954(A) and (B)(2),
954.1(A), 955(B), (C), (E), and (F), 959(A), 960(B), 964(A)(1), (F), and (G), 964.1(C), 966(A), 967,
968(B)(intro. para.), 968(B)(24)(b), (C)(2) and (4), (D)(1)(a), and (D)(1)(b)(intro. para.), (D)(1)(b)(i),
and (c) and (3), (E)(1)(a), 968(F)(1)(intro. para.), (G), (H), (J), and (K)(2), 969(A), 970(A),
971(A)(1) and (3) and (B), 974(B), (C), and (E), 978.1, 978.4(A)(2), 978.5(B) and (C), 978.7(intro.
para.), and 978.7(1), and 978.8(A) and (B); adds R.S. 49:953.1(G), 963, and 964)