La. Admin. Code tit. 58 § III-103

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

Section III-103 - Rulemaking Procedures and Commentary

A. All rules of the board shall be adopted, amended or repealed in accordance with the Administrative Procedure Act.

B. The board, on its own motion or in response to the petition of any interested person, may request the adoption, amendment, or repeal of a rule pursuant to R.S. 49:953(C).

C. Request by an interested person shall be made on an approved form, which may be obtained from the Teachers Retirement System of Louisiana upon request of the director.

1. Such petition shall be in writing; and

a. clearly state that it is a petition for adoption, amendment or repeal of a rule;

b. state the name, address, telephone number, and email address of its author;

c. be signed and dated by its author;

d. contain a brief description stating:

i. whether the petition is requesting the adoption, amendment or repeal of a rule;

ii. the need for the adoption, amendment or repeal of the proposed rule;

iii. the specific citation of any legal authority purporting to authorize the adoption, amendment or repeal of the proposed rule, if known; and

iv. the fiscal impact of the adoption, amendment or repeal of the proposed rule, if known.

e. state the reasons or grounds for the proposed adoption, amendment or repeal;

f. contain proposed wording, content or description of the suggested language of a newly proposed rule and/or the suggested language of a proposed amendment to an existing rule;

i. A petition for the repeal of an existing rule shall cite the rule to be repealed. The interested person may attach a copy of the rule with a strike through of all portions proposed to be repealed.

g. contain specific citation to any statute that specifically relates to the content of the requested rule change, if known; and

h. include any data, views or arguments in support of the rules adoption, amendment, or repeal.

2. The petition for a rule change shall be addressed to the director and shall be mailed or hand delivered to Teachers Retirement System of Louisiana, 8401 United Plaza Blvd., Suite 300, Baton Rouge, LA 70809.

3. The director retains sole discretion to grant, deny or defer a petition in whole or in part.

a. The director will consider the petition within 90 days after receipt.

i. The director may solicit the petitioner for further information regarding the request. If further information is sought, the ninety day period will commence from the date further information is received or 90 days from the date further information is requested if no response is made by the petitioner.

b. The determination of the director will be stated in writing and mailed, via usual means to the petitioner.

c. If the petitioner is not satisfied with the determination of the director, the petitioner may request a reconsideration within 30 days.

d. The director will consider the petition for reconsideration within 90 days after receipt.

e. The determination of the director regarding the reconsideration will be stated in writing and mailed, via usual means to the petitioner.

f. If the petitioner is not satisfied with the determination of the director, the petitioner may request an appeal to the board within 30 days.

i. The board will consider the appeal within 90 days after receipt.

ii. The board may defer the ruling on a petition to review the petition further or gather facts related to the petition.

iii. The board retains the discretion to grant or deny the petitioner a hearing.

iv. The determination of the board will be stated in writing and mailed, via usual means to the petitioner.

v. All determinations of the board are final and not appealable.

4. Nothing herein shall be construed to require the director or the board, in granting a petition of adoption, amendment or repeal of a rule, to employ the specific language or format requested by the petitioner.

D. The agency shall conduct a public hearing, at least once every six years, for the purpose of allowing interested persons the opportunity to comment on any rule believed to be contrary to law, outdated, unnecessary, overly complex or burdensome in accordance with R.S. 49:953(C).

1. Written comments by interested persons shall be in the same format as prescribed by Subsection C of this Section and shall be addressed to the director and mailed or hand delivered to Teachers Retirement System of Louisiana, 8401 United Plaza Blvd., Suite 300, Baton Rouge, LA 70809.

2. The director shall appoint a committee of agency personnel to conduct the public hearing.

a. The committee will submit to the director, within 30 days:

i. the written submission by the interested person;

ii. any statement by the agency explaining the basis and/or rationale for the rule in question; and

iii. any data or evidence by the agency relating to the rule.

b. The director will consider the submission within 90 days after receipt.

i. The director may solicit the petitioner for further information regarding the request. If further information is sought, the 90-day period will commence from the date further information is received or 90 days from the date further information is requested if no response is made by the petitioner.

c. The determination of the director will be stated in writing and mailed, via usual means to the petitioner.

d. If the petitioner is not satisfied with the determination of the director, the petitioner may request a reconsideration within 30 days.

e. The director will consider the petition for reconsideration within 90 days after receipt.

f. The determination of the director regarding the reconsideration will be stated in writing and mailed, via usual means to the petitioner.

g. If the petitioner is not satisfied with the determination of the director, the petitioner shall request an appeal to the board within 30 days.

i. The board will consider the appeal within 90 days after receipt.

ii. The board may defer the ruling on a petition to review the petition further or gather facts related to the petition.

iii. The board retains the discretion to grant or deny the petitioner a hearing.

iv. The determination of the board will be stated in writing and mailed, via usual means to the petitioner.

v. All determinations of the board are final and not appealable.

3. Nothing herein shall be construed to require the board, in granting a petition of adoption, amendment or repeal of a rule, to employ the specific language or format requested by the petitioner.

La. Admin. Code tit. 58, § III-103

Promulgated by the Department of Treasury, Board of Trustees of the Teachers Retirement System of Louisiana, LR 45762 (6/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 11: 826 and 49:953(C).