La. Admin. Code tit. 46 § XLV-9305

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

Section XLV-9305 - Petitions for Rulemaking

A. General Form. A petition for rulemaking must be submitted to the board in writing, legibly printed or typed.

B. Title and Signature. The petition shall be plainly and prominently titled as such and manually signed by an individual petitioner, authorized officer or representative of the petitioner, or attorney representing the petitioner. The full name, title or office, if any, address and telephone number of a person signing a petition shall be printed or typed under the person's signature. Signees signing in a representative capacity must be clearly identified.

C. Required Contents. A petition for rulemaking shall:

1. clearly identify each petitioner by name and address of residence or principal place of business;

2. describe the legal status or nature of the petitioner to establish that the petitioner is an interested person, within the meaning of Section 9303 of this Subchapter;

3. if a petition for adoption of a new rule, set forth a concise statement of the substance, nature, purpose and intended effect of the proposed rule and citation to the statutory authority for the board's rulemaking authority in the manner and on the subject requested;

4. if a petition for amendment of an existing rule, specify, by citation to the Louisiana Administrative Code, the rule or rules which the petitioner requests that the board amend, together with a concise statement of the manner in which it is proposed that the rule or rules be amended, the purpose and intended effect of the requested amendment, and citation to the statutory authority for the board's exercise or rulemaking authority in the manner and on the subject requested;

5. if a petition for repeal of an existing rule, specify, by citation to the Louisiana Administrative Code, the rule or rules which the petitioner requests that the board repeal, together with a concise statement of the purpose and intended effect of such repeal;

6. set forth a concise statement of the facts, circumstances, and reasons which warrant exercise of the board's rulemaking authority in the manner requested.

7. set forth a statement or prayer expressing the action sought by the petition; and

8. contain any other information deemed necessary by the board, in its discretion, in order that it may properly consider the petition.

D. Submission and Filing. A petition for rulemaking shall be filed with the board by delivery, U.S. mail to the attention of the board's executive director at the offices of the board.

E. Nonconforming Petitions. The board may refuse to accept for filing, or may defer consideration of, any petition for rulemaking that does not conform to the requirements of this Section.

F. Public Record. A petition for rulemaking shall be deemed a public record.

La. Admin. Code tit. 46, § XLV-9305

Promulgated by the Department of Health, Board of Medical Examiners, LR 47734 (6/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:952(2), 953C(1), R.S. 37:1270.