La. Admin. Code tit. 46 § XIX-2113

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

Section XIX-2113 - Construction and Effect

A. Board Discretion in Rulemaking. The provisions of this Chapter are intended to provide an orderly and reasonable means for interested persons to petition the board to exercise its rulemaking authority under law and to provide for board consideration of such petitions. Petitions for rulemaking are addressed to the board's discretion as to the necessity or appropriateness of the adoption, amendment or repeal or a rule in the discharge of its licensing and regulatory responsibilities under the Act. Nothing in the rules of this Chapter, accordingly, shall be deemed to create any right or entitlement in any person to require the board to exercise its rulemaking authority.

B. Nature and Effect of Determination. The board's disposition of a petition for rulemaking by a determination made under §2111. A does not constitute, and shall not be deemed to constitute, a "decision" or "order" within the meaning of R.S. 49:951.A(3) or a declaratory order or ruling within the meaning of R.S. 49:962, and the procedures prescribed by this Chapter do not constitute an adjudication within the meaning of R.S. 49:951.A(1). A determination by the board with respect to a petition for rulemaking, accordingly, is final and not subject to judicial review or other appeal.

La. Admin. Code tit. 46, § XIX-2113

Promulgated by the Department of Economic Development, Board of Certified Public Accountants, LR 23:1128 (September 1997), amended LR 26:1991 (September 2000).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:952(2), 953.C, R.S. 37:71 et seq.