La. Admin. Code tit. 33 § I-1117

Current through Register Vol. 50, No. 8, August 20, 2024

Section I-1117 - Petition Contents and Form

A. A petition requesting issuance of a declaratory ruling shall be in writing and shall contain the following information:

1. the name, address, and telephone number of the petitioner and whether the petitioner is a permittee;

2. identification of the specific rule or statute in question;

3. the exact question presented to the department for ruling;

4. a concise statement of all particular facts necessary and sufficient to accomplish the following:

a. to show the nature of the controversy or uncertainty and the manner in which the rule or statute on which the declaratory ruling is sought applies or potentially applies to petitioner; and

b. to answer the question presented to the department for ruling;

5. a statement identifying all other rules, statutes, orders, or statements (formal or informal) from officials, employees, or agents of any local, state, or federal government agency that are relevant to the question presented by the petitioner;

6. a statement of the reasons for submitting the petition, including a full disclosure of the petitioner's interest in obtaining the declaratory ruling;

7. a statement as to whether the question presented by the petitioner is presently pending before or under consideration by the department or any other administrative, legislative, or adjudicative body;

8. a statement as to whether the petitioner has some other adequate legal remedy that will terminate the controversy or remove any uncertainty as to the applicability to petitioner or the circumstances cited of the rule, order, or statute in question; and

9. an affidavit that verifies the facts stated in the petition are true and correctly stated, and the verification is based upon the documents attached to or identified in the petition or based upon the affiant's personal knowledge.

B. A petition for declaratory ruling shall be filed with the Office of the Secretary by either of the following methods:

1. personal delivery to the general counsel or the declaratory rulings clerk at department headquarters; or

2. United States Mail as certified mail, return receipt requested to Declaratory Rulings Clerk, Office of the Secretary.

C. A petition for declaratory ruling may be accompanied by a memorandum that urges the department to issue a declaratory ruling of specified content. Such memorandum should contain the arguments therefor and any relevant authorities in support thereof. No memorandum shall exceed 25 pages in length, exclusive of any cover pages, tables of contents, indexes of authorities, and exhibits.

D. In addition to these requirements, a petition must meet the requirements of LAC 33:I.1137.

La. Admin. Code tit. 33, § I-1117

Promulgated by the Department of Environmental Quality, Office of the Secretary, LR 23:1142 (September 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2440 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2433 (October 2005), LR 33:2078 (October 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2050.10.