La. Admin. Code tit. 43 § I-107

Current through Register Vol. 50, No. 6, June 20, 2024

Section I-107 - Procedure for Adoption of Rules

A. Prior to the adoption, amendment or repeal of any rule or regulation, the secretary will:

1. give at least 15 days' notice of his intended action. The notice will include a statement of either the terms or substance of the intended action, or a description of the subjects and issues involved, and the time when, and the place where, and the manner in which interested persons may present their views thereon. The notice will be mailed to all persons who have made timely request of the secretary for advance notice of rulemaking proceedings and will be published at least once in the Louisiana Register. The secretary may, at his discretion, authorize more than 15 days' notice of intended action. For the purpose of timely notice as required by this Paragraph, the date of notice shall be deemed to be the date of publication of the issue of the Louisiana Register in which the notice appears, such publication date to be the publication date as stated on the first page of said issue;

2. afford all interested persons reasonable opportunity to submit data, views or arguments, orally or in writing. In case of substantive rules, opportunity for oral presentation or argument will be granted if requested by 25 persons, by a governmental subdivision or agency or by an association having not less than 25 members. The secretary will consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule or rules, the secretary, if requested to do so in writing by an interested person either prior to adoption or within 30 days thereafter, will issue a concise statement of the principal reasons for and against its adoption. An individual interested in orally presenting a position on an issue which does not require a separate public hearing, may be allowed to do so at a public meeting called by the secretary, at the discretion of the secretary.

B. If the secretary should find that an imminent peril to the public health, safety or welfare requires adoption of a rule upon fewer than 15 days' notice, he will state in writing to the governor of the state of Louisiana, the attorney general of Louisiana, and the Division of Administration of the state of Louisiana, the reasons for that finding, and will proceed without prior notice or hearing, or upon any abbreviated notice and hearing that finds practicable, to adopt an emergency rule.

C. A rule adopted in substantial compliance with this Section shall be valid, and inadvertent failure to give notice to any person or agency as provided herein shall not invalidate any rule adopted hereunder. A proceeding under §127 of these rules and regulations to contest the validity of any rule on the ground of noncompliance with the procedural requirements of this Section must be commenced within 30 days from the effective date of the rule.

D. An interested person may petition the secretary requesting promulgation, amendment or repeal of a rule. The petition may be in simple form or by letter, and shall be considered and disposed of in writing within 90 days after submission, either by denial with written reasons, or by initiation of rulemaking proceedings in accordance with the provisions of this Section.

La. Admin. Code tit. 43, § I-107

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 5:356 (November 1979).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:354(A).