La. Admin. Code tit. 43 § XV-109

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

Section XV-109 - Petitions to Initiate Rulemaking

A. Any person may petition the commissioner to initiate a proceeding for the issuance, amendment or repeal of any regulation under the Act. The petition shall be submitted to the central office of the Office of Conservation in Baton Rouge.

B. The petition shall be a concise statement of facts, technical justification and the law which require issuance, amendment or repeal of a regulation under the Act and shall indicate whether the petitioner desires a public hearing.

C. Upon receipt of the petition, the commissioner shall determine if the petition sets forth facts, technical justification or law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. Facts, technical justification or law previously considered in a petition or rulemaking on the same issue shall not provide a reasonable basis. If the commissioner determines that he has a reasonable basis, a notice shall be published seeking comments from the public on the proposed change. The commissioner may hold a public hearing, may conduct an investigation or take other action to determine whether the petition should be granted.

D. Within 90 days from receipt of the petition, the commissioner shall issue a written decision either granting or denying the petition. The decision shall constitute the final decision for the office.

1. If the petition is granted, the commissioner shall initiate a rulemaking proceeding in accordance with Louisiana law.

2. If the petition is denied, the commissioner shall notify the petitioner in writing, setting forth the reasons for denial.

La. Admin. Code tit. 43, § XV-109

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.