La. Admin. Code tit. 7 § XXIII-309

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

Section XXIII-309 - Procedure for Declaratory Orders and Rulings

A. This rule provides for the filing and prompt disposition of petitions or requests for declaratory orders and rulings as to the applicability of any statutory provision or as to the applicability or validity of any rule or order of the agency, as required by R.S. 49:962 and 49:963(D) of the Administrative Procedure Act.

B. No technical form of making a request is required but a request for a declaratory order or ruling shall be made in writing, shall be signed by the person making the request, and shall contain the following information:

1. a citation to the specific statutory provision, rule or order that will be the subject of the declaratory order or ruling;

2. a simple, concise, and direct statement of the material facts that the requesting party believes the agency should be aware of in making a determination;

3. a concise statement of why the declaratory order or ruling is being requested;

4. a short, simple and direct statement of how the requesting party would like the agency to rule;

5. a short, simple, and direct statement of the statute, cases, opinions, or other legal authority that the requesting party believes support the requested declaratory order or ruling;

6. a list of all persons that the requesting party may call to testify and a list of all documents that may be submitted as evidence, if the agency decides to hear testimony and take evidence;

7. the name, address, telephone number, and, if available, a fax number and e-mail address of the person making the request. This information shall be either printed on any letterhead or provided in the written request in legible form;

8. 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. A written request for a declaratory order or ruling shall be addressed to the director of the Advisory Commission on Pesticides and shall be mailed or delivered to 5825 Florida Boulevard, Suite 3003, Baton Rouge, LA 70806.

D. The request for a declaratory order or ruling shall be referred by the commissioner to the commission for review and recommendation. The commission shall consider the request as follows.

1. The request for a declaratory order shall be presented to the commission at its next regularly scheduled meeting that is more than 30 days after the request is received unless the departments staff determines that the matter can be fairly heard at a meeting that is scheduled to be held less than 30 days after the request is received.

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

3. Failure of the requesting party to attend the meeting for purposes of presenting the matter to the agency may be cause for the request to be denied.

4. The requesting party and the department may both call witnesses and present documentary evidence in regard to the matter. The administrative proceeding shall be conducted in accordance with the Administrative Procedure Act. The administrative proceeding shall be recorded and the decision of the agency shall be based on the record and evidence presented.

5. The commission may take the matter under consideration or defer action pending further information.

6. The commission shall make a recommendation to the commissioner. The person requesting the declaratory meeting shall be notified in writing of the commissioners decision.

E. Judicial review of any declaratory order or ruling of the department shall be as provided by the Administrative Procedure Act.

La. Admin. Code tit. 7, § XXIII-309

Promulgated 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, R.S. 49:962 and R.S. 49:953.