La. Admin. Code tit. 55 § III-1925
Current through Register Vol. 50, No. 11, November 20, 2024
Section III-1925 - Declaratory Orders and RulingsA.1. Any person desiring a ruling on the applicability of R.S. 40:1321, or any other statute, or the applicability or validity of any rule, to special identification cards shall submit a written petition to the assistant secretary. The written petition shall cite all constitutional provisions, statutes, ordinances, cases, and rules which are relevant to the issue presented or which the person wishes the assistant secretary to consider prior to rendering an order or ruling in connection with the petition. The petition shall be typed, printed or written legibly, and signed by the person seeking the ruling or order. The petition shall also contain the person's full printed name, the complete physical and mailing address of the person, and a daytime telephone number.2. If the petition includes reference to a specific transaction handled by the department, or if the petition relates to the issuance, revocation, cancellation, or denial of any special identification card, then the person submitting the petition shall also submit proof that he has notified all of the persons involved in the transaction or issuance, revocation, cancellation, or denial of the license, permit or certification by certified mail, return receipt requested. If the person is unable to notify the involved person or persons after otherwise complying with the notice requirement, he shall so state in his petition.B. If the petition seeks an order or ruling on a transaction handled by the Office of Motor Vehicles, the person submitting the petition shall notify the person or persons who submitted the transaction, if other than the person submitting the petition. Such notice shall be sent by certified mail, return receipt requested. In such case, the petition shall not be considered until proof of such notice has been submitted to the assistant secretary, or until the person petitioning for the order or ruling establishes that the person or persons cannot be notified after a due and diligent effort. The notice shall include a copy of the petition submitted to the assistant secretary.C. The assistant secretary may request the submission of legal memoranda to be considered in rendering any order or ruling. The assistant secretary or his designee shall base the order or ruling on the documents submitted including the petition and legal memoranda. If the assistant secretary or his designee determines that the submission of evidence is necessary for a ruling, the matter may be referred to a hearing officer prior to the rendering of the order or ruling for the taking of such evidence.D. Notice of the order or ruling shall be sent to the person submitting the petition as well as the persons receiving notice of the petition at the mailing addresses provided in connection with the petition.E. The assistant secretary may decline to render an order or ruling if the person submitting the petition has failed to comply with any requirement in §1925La. Admin. Code tit. 55, § III-1925
Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 24:2320 (December 1998).AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1321 and R.S. 49:962.