La. Admin. Code tit. 46 § I-2303

Current through Register Vol. 50, No. 12, December 20, 2024

Section I-2303 - Adoption and Amendment of Rules

A. These rules may be amended pursuant to the Administrative Procedure Act, R.S. 49:951 et seq.

B. An interested person may petition the board requesting the adoption, amendment, or repeal of a rule. The petition shall be sent to the board at the board-us office. The petition shall be titled -S Petition for RuleMaking, -S and it shall include the following information:

1. the name, telephone number, physical address, and any email address of the person submitting the petition;

2. a citation to any rule for which a change or repeal is requested;

3. a draft of any proposed new rule or amended rule;

4. an explanation of why the new rule, amendment, or repeal is being requested and a detailed statement as to the effects of the new rule, amendment, or repeal upon the board-us procedures and upon persons regulated by the board; and

5. any other information that the person submitting the petition considers relevant.

C. In its consideration of the petition, the board may request further information from the person or persons requesting the adoption, amendment, or repeal of a rule.

D. The board shall decide whether to grant or deny a petition for rule-making within 90 days of its receipt of the petition. In making its decision, the board shall consider the information submitted with the petition and any other relevant information.

E. If the board denies a rule-making petition, it shall send written notice of its denial to the person who submitted the petition. The notice shall state in writing the reasons for the denial.

F. If the board grants a rule-making petition, it shall initiate rule-making proceedings within 90 days of its receipt of the petition, and it shall send written notice that rule-making proceedings have been initiated to the person who submitted the petition.

G. The board will presume that its current rules are valid unless this presumption is rebutted by persuasive evidence is offered in the petition for the declaratory ruling. When the board determines that a rule is invalid, the board shall initiate rule-making proceedings, sending written notice of the proceedings to the person who submitted the petition.

La. Admin. Code tit. 46, § I-2303

Promulgated by the Office of the Governor, Board of Architectural Examiners, LR 29:577 (April 2003), Amended LR 471868 (12/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:144.