La. Admin. Code tit. 1 § III-107

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-107 - Petitions for Adoption, Amendment, or Repeal of Rules; Form and Procedure

A. Petitions for the adoption, amendment, or repeal of rules or regulations promulgated by DAL shall be submitted to: Division of Administrative Law, Attn: Directors Office, Post Office Box 44033, Baton Rouge, LA 70804-4033.

B. Petitions shall be in writing and shall state the name and address of an individual who may be contacted relative to the contents of the petition.

C. A request that does not comply with the Paragraphs in this Subsection shall be returned to the requesting party with an attached statement explaining why the request is incomplete. Petitions shall include the following information:

1. a statement of whether the requested rule change involves the adoption, amendment, or repeal of a rule, or any combination thereof;

2. a citation to the existing rule for which an amendment or repeal is being requested or a statement that the rule will be a new rule, if proposed for adoption;

3. a draft of the proposed wording of the requested rule change or a statement detailing the content of the requested rule change;

4. a statement of why the request is being made;

5. a simple, concise and direct statement of the material facts that the requesting party believes support the requested rule change;

6. if not already included in any of the previously required statements, a statement of who would benefit from the requested rule change and how they would benefit;

7. if known, the citation to any statute(s) that specifically relates to the content of the requested rule change;

8. the name, address, telephone number and, if available, a fax number and e-mail address of the person making the request; and

9. the expected financial impact that the proposed adoption, amendment, or repeal would have.

D. Petitions for the adoption, amendment, or repeal of rules or regulations shall be considered within the time period provided in the APA. Petitions shall either be denied in writing, stating reasons for the denial, or rule-making proceedings shall be initiated in accordance with the APA.

E. DAL, in its review of the requested rule change, shall exercise its rulemaking powers under the APA and its decision shall be a discretionary exercise of its rulemaking powers and shall not be a "decision" or "order" as defined in the APA.

La. Admin. Code tit. 1, § III-107

Promulgated by the Department of Civil Service, Division of Administrative Law, LR 28:40 (January 2002), Promulgated by the Department of Civil Service, Division of Administrative Law, LR 46316 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:991 et seq.