Title 49, State Administration

0 chapters · 598 sections in this title.

598 sectionsFiltered byTitle 49

La. Rev. Stat. § 49:902 Definitions
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§902. Definitions Agency, as used in this Chapter, means any agency, board, commission or other instrumentality of the State of Louisiana which is engaged in the regulation and/or licensing of any occupation, profession or trade, except those which may be directly related to the …
La. Rev. Stat. § 49:903 Authority of the governor to require information; annual review
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§903. Authority of the governor to require information; annual review A. The governor of the State of Louisiana is hereby authorized to request and receive, in such manner and at such time as he may direct, information relating to the activities of any agency to which this Chapte…
La. Rev. Stat. § 49:950 Title and form of citation
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§950. Title and form of citation This Chapter shall be known as the Administrative Procedure Act and may be cited as the Administrative Procedure Act. Added by Acts 1982, No. 129, §1.
La. Rev. Stat. § 49:951 Definitions
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§951. Definitions As used in this Chapter: (1) "Adjudication" means agency process for the formulation of a decision or order. (2) "Adopt", "adopted", or "adoption", when pertaining to a fee in this Chapter, shall include action proposed by an agency to adopt, apply, assess, char…
La. Rev. Stat. § 49:952 Construction and effect; judicial cognizance
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§952. Construction and effect; judicial cognizance A. Nothing in this Chapter shall be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Notwithstanding the foregoing, and exce…
La. Rev. Stat. § 49:953 Louisiana Administrative Code and Louisiana Register; publication; distribution;
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§953. Louisiana Administrative Code and Louisiana Register; publication; distribution; copies; index; interagency rules A. The office of the state register shall compile, index, and publish a publication to be known as the Louisiana Administrative Code, containing all effective r…
La. Rev. Stat. § 49:953.1 Redesignated as R.S
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§953.1. Redesignated as R.S. 49:962 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:954 Exemptions from provisions of Chapter
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§954. Exemptions from provisions of Chapter A. This Chapter shall not be applicable to the Board of Tax Appeals, the Department of Revenue, with the exception of the Louisiana Tax Commission that shall continue to be governed by this Chapter in its entirety, unless otherwise spec…
La. Rev. Stat. § 49:954.1 Redesignated as R.S
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§954.1. Redesignated as R.S. 49:953 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:954.2 Repealed by Acts 2004, No
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§954.2. Repealed by Acts 2004, No. 220, §1. NOTE: See Acts 2004, No. 220, §2, relative to validity and effectiveness of certain rules, permits, and licenses.
La. Rev. Stat. § 49:954.3 Redesignated as R.S
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§954.3. Redesignated as R.S. 49:963.1 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:955 Application of Chapter to rules and fees
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§955. Application of Chapter to rules and fees A.(1) The legislature recognizes that it is essential to the operation of a democratic government that prior to the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee, that the provisions…
La. Rev. Stat. § 49:956 Public information; adoption of rules; availability of rules and orders
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§956. Public information; adoption of rules; availability of rules and orders Each agency which engages in rulemaking shall: (1) File with the Office of the State Register a description of its organization, stating the general course and method of its operations and the methods w…
La. Rev. Stat. § 49:956.1 Redesignated as R.S
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§956.1. Redesignated as R.S. 49:975.2 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:957 Internet publication of certain information concerning proposed rules and fees;
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§957. Internet publication of certain information concerning proposed rules and fees; information required to be published; manner of publication; deadlines A.(1) Each agency shall include on its Internet website the information required by Subsection B of this Section. (2)(a) If…
La. Rev. Stat. § 49:958 Redesignated as R.S
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§958. Redesignated as R.S. 49:977 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:959 Redesignated as R.S
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§959. Redesignated as R.S. 49:977.1 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:960 Redesignated as R.S
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§960. Redesignated as R.S. 49:977.2 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:961 Procedure for adoption of rules
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§961. Procedure for adoption of rules A.(1) An agency shall give notice of its intention to adopt, amend, or repeal any rule and a copy of the proposed rules at least ninety days prior to taking action on the rule. (2) The notice shall include all of the following: (a) A statemen…
La. Rev. Stat. § 49:962 Emergency rulemaking
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§962. Emergency rulemaking A.(1) In extraordinary circumstances, an agency may adopt an emergency rule as an alternative to the rulemaking provisions provided for in R.S. 49:961. An emergency rule may be adopted by an agency without prior notice or a public hearing for any of the…
La. Rev. Stat. § 49:962.1 Redesignated as R.S
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§962.1. Redesignated as R.S. 49:978 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:963 Department of Environmental Quality; procedure for adoption of rules
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§963. Department of Environmental Quality; procedure for adoption of rules A.(1) Notwithstanding any other provision of this Chapter to the contrary, if the Department of Environmental Quality proposes a rule that is not identical to a federal law or regulation or is not required…
La. Rev. Stat. § 49:963.1 Environmental Regulatory Code
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§963.1. Environmental Regulatory Code The Department of Environmental Quality shall codify its rules and regulations in effect on March 1, 1992, in the Environmental Regulatory Code, and thereafter, shall update such codification of its rules and regulations on a quarterly basis.…
La. Rev. Stat. § 49:964 Public request for the adoption, amendment, or repeal of a rule; agency rule review
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§964. Public request for the adoption, amendment, or repeal of a rule; agency rule review A.(1) An interested person may petition an agency requesting the adoption, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for th…
La. Rev. Stat. § 49:964.1 Redesignated as R.S
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§964.1. Redesignated as R.S. 49:978.2 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:965 Filing; taking effect of rules
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§965. Filing; taking effect of rules A. No rule adopted is valid unless adopted in substantial compliance with this Chapter. Each rulemaking agency shall file a certified copy of its rules with the office of the state register. No rule shall be effective, nor may it be enforced, …
La. Rev. Stat. § 49:965.1 Redesignated as R.S
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§965.1. Redesignated as R.S. 49:980 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:965.2 Redesignated as R.S
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§965.2. Redesignated as R.S. 49:978.1 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020. Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
La. Rev. Stat. § 49:965.3 Redesignated as R.S
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§965.3. Redesignated as R.S. 49:978.2 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020. Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
La. Rev. Stat. § 49:965.4 Redesignated as R.S
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§965.4. Redesignated as R.S. 49:978.3 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020. Acts 2008, No. 820, §1; Acts 2010, No. 861, §21; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
La. Rev. Stat. § 49:965.5 Redesignated as R.S
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§965.5. Redesignated as R.S. 49:978.4 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020. Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
La. Rev. Stat. § 49:965.6 Redesignated as R.S
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§965.6. Redesignated as R.S. 49:978.5 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020. Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
La. Rev. Stat. § 49:965.7 Redesignated as R.S
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§965.7. Redesignated as R.S. 49:978.6 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020. Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
La. Rev. Stat. § 49:965.8 Redesignated as R.S
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§965.8. Redesignated as R.S. 49:978.7 pursuant to Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020. Acts 2008, No. 820, §1; Acts 2019, No. 204, §2(A), eff. Feb. 1, 2020.
La. Rev. Stat. § 49:966 Review of agency rules; fees
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§966. Review of agency rules; fees A. It is the declared purpose of this Section to provide a procedure whereby the legislature may review the exercise of rulemaking authority and the adoption, increasing, or decreasing of fees, extensions of the legislative lawmaking function, w…
La. Rev. Stat. § 49:967 Review of rules relative to state content standards; elementary and secondary
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§967. Review of rules relative to state content standards; elementary and secondary education A. Each rule proposed by the State Board of Elementary and Secondary Education to adopt, amend, suspend, or repeal state content standards for use in public elementary and secondary scho…
La. Rev. Stat. § 49:967.1 Redesignated as R.S
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§967.1. Redesignated as R.S. 49:955 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:968 Judicial review of validity or applicability of rules
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§968. Judicial review of validity or applicability of rules A.(1) The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of the parish in which the agency is located. (2) The agency shall be made a party to the action…
La. Rev. Stat. § 49:968.1 Redesignated as R.S
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§968.1. Redesignated as R.S. 49:967 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:969 Legislative veto, amendment, or suspension of rules, regulations, and fees
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§969. Legislative veto, amendment, or suspension of rules, regulations, and fees A. In addition to the procedures provided in R.S. 49:966 for review of the exercise of the rulemaking authority delegated by the legislature to state agencies, as defined by this Chapter, the legisla…
La. Rev. Stat. § 49:970 Gubernatorial suspension or veto of rules and regulations
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§970. Gubernatorial suspension or veto of rules and regulations A. The governor, by executive order, may suspend or veto any rule or regulation or body of rules or regulations adopted by a state department, agency, board, or commission, except as provided in R.S. 49:954, within t…
La. Rev. Stat. § 49:971 Rejection of agency fee adoption, increases, or decreases; prohibition against fee
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§971. Rejection of agency fee adoption, increases, or decreases; prohibition against fee increases and new fees; exceptions A.(1) If either the House of Representatives or the Senate oversight subcommittee appointed pursuant to R.S. 49:966 determines that a proposed fee adoption,…
La. Rev. Stat. § 49:972 Family impact statement; issues to be considered; procedure; penalty
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§972. Family impact statement; issues to be considered; procedure; penalty A. Prior to the adoption and implementation of rules, each state agency shall consider and state in writing the impact of such rules on family formation, stability, and autonomy. This written consideration…
La. Rev. Stat. § 49:973 Poverty impact statement; issues to be considered; procedure
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§973. Poverty impact statement; issues to be considered; procedure A. In the formation of rules, each state agency shall consider and state in writing the impact of such rules on child, individual, or family poverty in relation to individual or community asset development prior t…
La. Rev. Stat. § 49:974 Redesignated as R.S
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§974. Redesignated as R.S. 49:957 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:974.1 Short title
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§974.1. Short title R.S. 49:974.1 through 974.8 may be cited as the Small Business Protection Act and are referred to therein as "this Act". Acts 2008, No. 820, §1; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.1.
La. Rev. Stat. § 49:974.2 Intent; legislative findings
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§974.2. Intent; legislative findings A. It is the legislative intent and purpose of the Small Business Protection Act to improve state rulemaking by creating procedures to analyze the availability of more flexible regulatory approaches for small businesses. B. The legislature fin…
La. Rev. Stat. § 49:974.3 Definitions
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§974.3. Definitions The following words or terms as used in this Act shall have the following meanings unless a different meaning appears from the context: (1) "Agency" means each state board, commission, department, agency, officer, or other entity which makes rules, regulations…
La. Rev. Stat. § 49:974.4 Small business economic impact statements; potpourri notices
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§974.4. Small business economic impact statements; potpourri notices A.(1) Prior to the adoption of any proposed rule that may have an adverse impact on small businesses, each agency shall prepare a small business economic impact statement, that includes the following: (a) An ide…
La. Rev. Stat. § 49:974.5 Regulatory flexibility analysis
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§974.5. Regulatory flexibility analysis A. Prior to the adoption of any proposed rule, each agency shall prepare a regulatory flexibility analysis in which the agency shall, where consistent with health, safety, environmental, and economic welfare, consider utilizing regulatory m…