La. Admin. Code tit. 55 § IX-301

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-301 - Procedure

A. During a declared emergency or disaster by the governor, the commission may delegate authority to the director for the purposes of waving any rule under Part IX of Title 55 that does not materially affect safety.

B. The delegation shall be by majority vote of the commission.

C. If the commission cannot meet in person to vote on the delegation due to an inability to travel because of the declared emergency or disaster, the director may make contact with each commissioner by any form of communications available at the time.

D. The director shall make a written record of each vote cast by the individual commissioners. This record shall contain:

1. the date of the vote;

2. the name of the commissioners available for vote;

3. the method of communication used to contact each commissioner including any contact information;

4. the affirmative or negative vote of each commissioner.

E. If the director cannot contact enough commissioners to constitute a quorum, he may act on behalf of the commission during the declared emergency or disaster. Once the commission is able to meet, it shall review all exemptions granted by the director during the declared emergency or disaster. The commission may ratify any actions taken on behalf of the commission by the director.

F. The emergency powers of the director under this Section shall expire upon either of the following:

1. a majority vote of the commission;

2. the expiration of the declaration of emergency or disaster by the governor.

La. Admin. Code tit. 55, § IX-301

Promulgated by the Department of Public Safety and Corrections, Liquefied Petroleum Gas Commission, LR 36:2571 (November 2010), amended LR 38:1272 (May 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1846.