La. Admin. Code tit. 28 § III-309

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-309 - Declaratory Orders and Rulings

A. The commission shall consider petitions for a declaratory order or ruling as to the applicability of any statutory provision or of any rule or order of the board, submitted pursuant to R.S. 49:962, hold hearings if necessary, and submit a recommended declaratory order or ruling. A petition for a declaratory order or ruling shall contain:

1. the title of the pleading (e.g., "Petition for Declaratory Order");

2. the names of the petitioners;

3. the names of representatives and legal counselors of such petitioners (if applicable);

4. a concise statement of the issue posed, along with citations to the statute, rule or order at issue;

5. a clearly organized statement of all pertinent allegations of fact and data, and if the petitioner takes a specific position on the issue, the arguments and reasons supporting such position;

6. a statement or prayer expressing the exact action sought by the petition;

7. the signatures of all petitioners, if individual, natural persons, or the signatures of duly qualified representatives of petitioner, if a governmental agency or subdivision or an association of persons; and

8. only substantial compliance is necessary to meet the requirements of form, and to that end, the provisions of this section shall be liberally construed in favor of accepting the petition.

La. Admin. Code tit. 28, § III-309

Promulgated by the Department of Education, Board of Regents, LR 33:1859 (September 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:962.