La. Admin. Code tit. 33 § I-909

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

Section I-909 - Processing a Rulemaking Petition

A. Upon receipt, the petition for rulemaking shall be reviewed for completeness, as prescribed in LAC 33:I.907. If found complete, the petition shall be processed in accordance with this Section.

B. Within 90 days of receipt of the petition for rulemaking, the administrative authority shall deny the petition in writing, stating reasons for the denial, or shall initiate rulemaking by providing the petitioner with the necessary, completed form as provided in the department's Policy Number 0003-88, "Rule Development Procedure."

1. If the administrative authority decides to proceed with rulemaking, the department procedures for processing a proposed regulation shall be followed. In addition, a notice of the initiation of rulemaking shall be published in a major newspaper of general circulation within the area affected by the petition for rulemaking or in the official journal of the state, if the impact of the proposed rule is statewide.

2. If the administrative authority decides not to proceed with rulemaking, the decision to deny the petition, stating reasons for the denial, shall be published in a major newspaper of general circulation within the area affected by the petition for rulemaking or in the official journal of the state, if the impact of the petition denial is statewide, and in the Louisiana Register.

La. Admin. Code tit. 33, § I-909

Promulgated by the Department of Environmental Quality, Office of the Secretary, LR 23:298 (March 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2440 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 32:1843 (October 2006).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.