La. Admin. Code tit. 7 § XXIII-307

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

Section XXIII-307 - Requests for Adoption, Amendment or Repeal of a Rule

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

B. A request for a rule change shall be in writing, be signed by the person making the request, and shall contain the following information:

1. a statement of whether the requested rule change involves the adoption, amendment, or repeal of a rule, or any combination thereof;

2. a citation to the existing rule for which an amendment or repeal is being requested or a statement that the rule will be a new rule, if proposed for adoption;

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

4. a statement of why the request is being made;

5. a simple, concise and direct statement of the material facts that the requesting party believes support the requested rule change;

6. a statement of who would benefit from the requested rule change and how they would be benefited if not already included in any of the previously required statements;

7. if known, the specific citation to any statute(s) that specifically relates to the content of the requested rule change;

8. the name, address, telephone number, and, if available, a fax number and e-mail address of the person making the request;

9. a request that does not comply with the Paragraphs in this Subsection shall be returned to the requesting party with an attached statement explaining why the request is incomplete.

C. The written request for a rule change shall be addressed to the director of the Advisory Commission on Pesticides and shall be mailed or hand delivered to 5825 Florida Boulevard, Suite 3003, Baton Rouge, LA 70806.

D. The request for a rule change shall be presented to the commissioner for due consideration.

1. The commissioner or an officer of the department statutorily authorized to make the rule change may make a decision regarding the requested rule change without the necessity of meeting with the requesting party in person.

a. A decision will be made within 30 days of receipt of the written request unless referred to the commission as provided in Paragraph 2 of this Subsection or unless taken under consideration.

b. The requesting party shall be notified in writing or by electronic means of the commissioners decision.

2. The commissioner may direct that the request for a rule change be presented to the commission for review and recommendation. In such case, the request shall be presented to the commission at its next regularly scheduled meeting. If the next regularly scheduled meeting is more than 30 days from the date the request for a rule change was received by the department, the chairman of the commission may call a special meeting for the purpose of hearing the request. The proposed rule change shall be reviewed by the agencys staff which may participate in any discussion and make any recommendations to the commission that the staff deems proper.

a. Notice of the meeting and the placement of the request on the agenda shall be provided to the person submitting the request at least 10 days prior to the meeting.

b. 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.

c. The commission may take the matter under consideration or defer action pending further information. If the matter is taken under consideration or action is deferred, then it will be taken up again at the next regularly scheduled meeting of the agency.

d. The commission shall make a recommendation to the commissioner on the request for a rule change. The person requesting the rule change shall be notified in writing or by electronic means of the commissioners decision.

E. The agency, in its review of the requested rule change, shall be exercising its rulemaking powers under the Administrative Procedure Act (R.S. 49:950 et seq.) and its decision shall be a discretionary exercise of its rulemaking powers and shall not be a "decision" or "order" as defined in the Administrative Procedure Act.

La. Admin. Code tit. 7, § XXIII-307

Promulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Advisory Commission on Pesticides, LR 37:3467 (December 2011), Amended by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, LR 42731 (5/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3203 and R.S. 49:953.