La. Admin. Code tit. 46 § LXX-13104

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

Section LXX-13104 - Procedure for Adoption of Rules

A. Prior to the adoption, amendment, or repeal of any rule, the Commission shall provide notice of its intended action and a copy of the proposed rules at least 60 days prior to taking action on the rule. The notice shall include:

1. a statement of either the terms or substance of the intended action or a description of the subjects and issues involved;

2. the name of the person within the Commission who has the responsibility for responding to inquiries about the intended action;

3. the time when, the place where, and the manner in which interested persons may present their views thereon;

4. a statement that the intended action complies with the statutory law administered by the Commission, including a citation of the enabling legislation; and

5. a statement indicating whether the Commission has prepared a preamble which explains the basis and rationale for the intended action, summarizes the information and data supporting the intended action, and provides information concerning how the preamble may be obtained.

B. The notice shall be published at least once in the Louisiana Register and shall be submitted with a full text of the proposed rule to the Louisiana Register at least 60 days prior to the date the Commission will take action on the rule. Upon publication of the notice, copies of the full text of the proposed rule shall be available from the Commission upon written request.

C. Notice of the intent of the Commission to adopt, amend, or repeal any rule and the proposed rule shall also be posted at the Commission office and on the Commission website at the time the proposed rule change is submitted to the Louisiana Register.

D. 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 outside cover or the first page of said issue.

E. All interested persons shall be afforded a reasonable opportunity to submit data, views, comments, or arguments, orally or in writing. In case of substantive rules, opportunity for oral presentation or argument must be granted if requested within twenty days after publication of the rule as provided in this Subsection, by twenty-five persons, by a governmental subdivision or agency, or by an association having not less than twenty-five members.

F. The Commission shall issue an order which includes the final rules, as well as a brief response to comments and submissions describing the principal reasons for and against adoption of any amendments or changes suggested in the written or oral comments and submissions. In addition to the response to comments, the Commission may prepare a preamble explaining the basis and rationale for the rule, identifying the data and evidence upon which the rule is based, and responding to comments and submissions.

G. The final rules shall be submitted to the Louisiana Register for publication and posted at the Commission offices and on the Commission website.

La. Admin. Code tit. 46, § LXX-13104

Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:627 (April 2006).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:967 and Pilotage Fee Commission Rule 60.