La. Admin. Code tit. 48 § V-103

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

Section V-103 - Declaratory Orders and Rulings

A. The Office of Preventive and Public Health Services (OPPHS) shall entertain petitions for declaratory orders and rulings as to the applicability of any statutory provision, the enforcement of which is under the jurisdiction of this agency, or any rule or order of this agency, as required by R.S. 49:962.

B. The jurisdiction of OPPHS is defined by R.S. 36:258, R.S. 40:4, and R.S. 40:5.

C. Any person desiring a declaratory ruling or order of the kind set forth above shall forward his or her petition to the assistant secretary, Office of Preventive and Public Health Services, Box 60630, New Orleans, La. 70160.

D. The petition shall be legibly typed on white paper and shall be worded in a clear and concise manner. The petition shall set forth with specificity and particularity the factual situation giving rise to the inquiry and the statutes or rules of which interpretation is sought. The petition shall be signed by the petitioner or by an attorney at law acting on his or her behalf. The petition shall include the mailing address of the petitioner as well as that of his or her attorney, if any.

E. Upon receipt of a petition which is not in proper form, the assistant secretary shall promptly return the petition to the petitioner, who may resubmit it in proper form.

F. Upon receipt of a petition that is in proper form, the assistant secretary shall forward same to the OPPHS program administrator most closely connected with the subject matter of the request. The administrator shall prepare and sign a declaratory ruling or order and submit same to the assistant secretary. The assistant secretary shall promptly approve or disapprove the declaratory ruling or order. If approved, he or she shall immediately forward it to the secretary and state health officer for his, her or their approval and signing as provided in R.S. 40:2. If disapproved, it shall be returned to the program administrator for reconsideration.

G. When approved by the secretary and state health officer, the declaratory ruling or order shall be returned to the assistant secretary who shall cause it to be sent to the petitioner by certified mail, return receipt requested, and by regular mail. In no event shall more than 90 days elapse between the time a petition in proper form is received by the assistant secretary and the time the declaratory ruling or order is mailed to the petitioner.

H. If the petitioner is dissatisfied with the declaratory ruling or order, he or she may petition for reconsideration. A reconsideration may be granted if, in the assistant secretary's opinion, there is good cause. If the petitioner is still dissatisfied following reconsideration or following a denial of reconsideration, he or she may seek judicial review as provided in R.S. 49:962-964.

La. Admin. Code tit. 48, § V-103

Promulgated by the Department of Health and Human Resources, Office of Preventive and Public Health Services, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:258, R.S. 40:2-5, and R.S. 49:962-964.