La. Admin. Code tit. 7 § XIII-103

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

Section XIII-103 - Request for Adoption, Amendment, or Repeal of a Rule (Formerly Section 239)

A. Any interested person may, pursuant to R.S. 49:953(C), request the commission to adopt, amend, or repeal a rule (rule change) that the commission has the authority to make.

B. A request for a rule change shall be in writing and shall contain the following information:

1. a draft of the proposed wording of the requested rule change or a statement detailing the content of the requested rule change;

2. the name, address, telephone number, fax number and e-mail address of the requesting party.

C. The request for a rule change shall be addressed to the commission and shall be mailed or delivered to 5825 Florida Boulevard, Baton Rouge, LA 70806.

D. The commission shall consider the request as follows:

1. A request for rule change shall be considered by the commission within a reasonable time, not to exceed 90 days, unless the requesting party consents to the matter being deferred for a longer period of time.

2. Notice of the meeting at which the request is to be considered shall be provided to the person submitting the request.

3. Failure of the requesting party to attend the meeting for purposes of discussing the proposed rule change may be cause for the request to be denied by the commission.

4. The request, with the consent of the requesting party, may be taken under consideration or action deferred.

a. If the matter is taken under consideration or action is deferred then it will be taken up and acted upon at the next regularly scheduled meeting of the commission or at a special meeting of the commission to be held before the next regularly scheduled meeting, as agreed upon between the requesting party and the commission.

E. Any decision by the commission shall be in writing and shall state the reasons for the denial or action being taken. Such notice may be delivered by hand, mail, electronically or by any other means reasonably assured to provide notice to the requesting party.

La. Admin. Code tit. 7, § XIII-103

Promulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Seed Commission, LR 39:1763 (July 2013), repromulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Agricultural Chemistry and Seed Commission, LR 39:2703 (October 2013), amended LR 40:744 (April 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1433 and R.S. 49:953(C).