§ 49:961 A.(1) An agency shall give notice of its intention to adopt, amend, or repeal any rule and a copy of the proposed rules at least ninety days prior to taking action on the rule.
§ 49:962 A.(1) In extraordinary circumstances, an agency may adopt an emergency rule as an alternative to the rulemaking provisions provided for in R.S. 49:961. An emergency rule may be adopt
§ 49:963 A.(1) Notwithstanding any other provision of this Chapter to the contrary, if the Department of Environmental Quality proposes a rule that is not identical to a federal law or regula
§ 49:963.1 The Department of Environmental Quality shall codify its rules and regulations in effect on March 1, 1992, in the Environmental Regulatory Code, and thereafter, shall update such cod
§ 49:964 A. An interested person may petition an agency requesting the adoption, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure f
§ 49:965 A. No rule adopted is valid unless adopted in substantial compliance with this Chapter. Each rulemaking agency shall file a certified copy of its rules with the office of the state r
§ 49:965.2 Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
§ 49:965.3 Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
§ 49:965.4 Acts 2008, No. 820, §1; Acts 2010, No. 861, §21; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
§ 49:965.5 Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
§ 49:965.6 Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
§ 49:965.7 Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
§ 49:965.8 Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
§ 49:966 A. It is the declared purpose of this Section to provide a procedure whereby the legislature may review the exercise of rule-making authority and the adoption, increasing, or decreas
§ 49:967 A. Each rule proposed by the State Board of Elementary and Secondary Education to adopt, amend, suspend, or repeal state content standards for use in public elementary and secondary
§ 49:968 A.(1) The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of the parish in which the agency is located.
§ 49:969 A. In addition to the procedures provided in R.S. 49:966 for review of the exercise of the rulemaking authority delegated by the legislature to state agencies, as defined by this Cha
§ 49:970 A. The governor, by executive order, may suspend or veto any rule or regulation or body of rules or regulations adopted by a state department, agency, board, or commission, except as
§ 49:971 A.(1) If either the House of Representatives or the Senate oversight subcommittee appointed pursuant to R.S. 49:966 determines that a proposed fee adoption, increase, or decrease is
§ 49:972 Family impact statement; issues to be considered; procedure; penalty
§ 49:973 Poverty impact statement; issues to be considered; procedure
§ 49:974.1 R.S. 49:974.1 through 974.8 may be cited as the Small Business Protection Act and are referred to therein as “this Act”.
§ 49:974.2 A. It is the legislative intent and purpose of the Small Business Protection Act to improve state rulemaking by creating procedures to analyze the availability of more flexible regul
§ 49:974.3 The following words or terms as used in this Act shall have the following meanings unless a different meaning appears from the context:
§ 49:974.4 A.(1) Prior to the adoption of any proposed rule that may have an adverse impact on small businesses, each agency shall prepare a small business economic impact statement, that inclu
§ 49:974.5 A. Prior to the adoption of any proposed rule, each agency shall prepare a regulatory flexibility analysis in which the agency shall, where consistent with health, safety, environmen
§ 49:974.6 Nothing in the Small Business Protection Act shall be construed to conflict with or supersede any applicable federal law, rule, or regulation.
§ 49:974.7 Upon receiving the electronic transfer of information from the office of the state register, as provided in R.S. 49:961, the commercial division of the Department of State shall perf
§ 49:974.8 A. The secretary of state shall designate a small business advocate from the existing staff of the commercial division of the Department of State to implement and maintain the notifi

Terms Used In Louisiana Revised Statutes > Title 49 > Chapter 13 > Part II - Rule Promulgation

  • Agency: means each state board, commission, department, agency, officer, or other entity which makes rules, regulations, or policy, or formulates, or issues decisions or orders pursuant to, or as directed by, or in implementation of the constitution or laws of the United States or the constitution and statutes of Louisiana, except the legislature or any branch, committee, or officer thereof, any political subdivision, as defined in La. See Louisiana Revised Statutes 49:951
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Oath: A promise to tell the truth.
  • order: means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of any agency, in any matter other than rulemaking, required by constitution or statute to be determined on the record after notice and opportunity for an agency hearing, and including non-revenue licensing, when the grant, denial, or renewal of a license is required by constitution or statute to be preceded by notice and opportunity for hearing. See Louisiana Revised Statutes 49:951
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See Louisiana Revised Statutes 49:951
  • Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency, except that an agency is a "person" for the purpose of appealing an administrative ruling in a disciplinary action brought pursuant to Title 37 of the Louisiana Revised Statutes of 1950 prior to the final adjudication of such disciplinary action. See Louisiana Revised Statutes 49:951
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Preamble: means a brief explanation of the basis and rationale for the intended administrative rulemaking action including a summary of the information and data supporting the intended action. See Louisiana Revised Statutes 49:951
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Quorum: The number of legislators that must be present to do business.
  • Rule: includes , but is not limited to, any provision for fines, prices or penalties, the attainment or loss of preferential status, and the criteria or qualifications for licensure or certification by an agency. See Louisiana Revised Statutes 49:951
  • Rulemaking: means the process employed by an agency for the formulation of a rule. See Louisiana Revised Statutes 49:951
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.