La. Admin. Code tit. 52 § I-1002

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

Section I-1002 - Initiating Declaratory Hearings

A. Declaratory hearings may be conducted, at the discretion of the board, upon submission of an application pursuant to R.S. 42:1141.6.

B. The application shall be in writing and shall contain the following information:

1. the name, address, and telephone number of the applicant;

2. identification of the statutes, rules or opinions subject of the application;

3. the question presented to the board for ruling;

4. a concise statement of all particular facts necessary and sufficient to accomplish the following:

a. to show the nature of the controversy or uncertainty and the manner in which the rule or statute on which the declaratory ruling is sought applies or potentially applies to the applicant; and

b. to answer the question presented to the board for ruling.

5. a statement identifying all statutes, rules, or opinions that are relevant to the question presented by the applicant;

6. a statement of the reasons for submitting the application, including a full disclosure of the petitioner's interest in obtaining the declaratory opinion;

7. a statement as to whether the question presented by the applicant is presently pending before or under consideration by the board or any other administrative, legislative, or adjudicative body;

8. a statement as to whether the applicant has some other adequate legal remedy that will terminate the controversy or remove any uncertainty as to the applicability to the applicant or the circumstances cited of the statute, rule or opinion in question; and

9. an affidavit that verifies the facts stated in the application are true and correctly stated, and the verification is based on the documents attached to or identified in the application or based on the affiant's personal knowledge.

C. The application for declaratory opinion should be filed with the executive secretary of the Louisiana Board of Ethics.

D. The application for declaratory opinion may be accompanied by a memorandum urging the department to issue a declaratory opinion of specified content. Such memorandum shall not exceed 25 pages in length, exclusive of cover pages, table of content, index of authority and exhibits.

La. Admin. Code tit. 52, § I-1002

Promulgated by the Department of Civil Service, Board of Ethics, LR 23:1293 (October 1997), amended LR 39:1416 (June 2013), Amended LR 46314 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 42:1134(A).