La. Admin. Code tit. 46 § XLVII-3321

Current through Register Vol. 50, No. 11, November 20, 2024

Section XLVII-3321 - Declaratory Statements/Advisory Opinions of the Board

A. The board may issue a declaratory ruling in accord with the Administrative Procedure Act. These include a declaratory statement or an advisory opinion, in the form of a ruling which has the same status as boar decisions in adjudicated cases, in response to a request for clarification of the effect of rules and regulations or of R.S. 37:911 et seq. Advisory opinions as a statement of the board's ruling. They are generally rendered in cases which relate to specific situations. Declaratory statements contain the board's ruling relative to the petition, with the principles and rationale which support the ruling. Declaratory statements are generally rendered in situations which relate to widespread situations. Neither an advisory opinion nor a declaratory statement has the binding force of law, but they represent the board's expert opinion relative to the matter in question.

B. A request for a declaratory statement or for an advisory opinion is made in the form of a petition to the board. The petition shall include at least:

1. the name and address of the petitioner;

2. specific reference to the statutes or rules and regulations to which the petition relates;

3. a concise statement of the manner in which the petitioner is aggrieved by the rule or statute or by its potential application to her/him, or in which (s)he is uncertain of its effects;

4. a statement of whether an oral hearing is desired;

5. other information appropriate for the board's deliberation on the request.

C. Said petition shall be considered by the board at its next regularly scheduled meeting provided that the petition has been filed at least 60 days prior to the next scheduled board meeting.

D. The declaratory statement/advisory opinion of the board on said petition shall be in writing and mailed to petitioner at the last address furnished to the board.

La. Admin. Code tit. 46, § XLVII-3321

Promulgated by the Department of Health and Human Resources, Board of Nursing, LR 7:74 (March 1981), amended by the Department of Health and Hospitals, Board of Nursing, LR 24:1293 (July 1998).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:918.