Title 49, State Administration
0 chapters · 598 sections in this title.
La. Rev. Stat. § 49:974.6 Conflicts of law
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§974.6. Conflicts of law Nothing in the Small Business Protection Act shall be construed to conflict with or supersede any applicable federal law, rule, or regulation. Acts 2008, No. 820, §1; Acts 2019, No. 204, §1, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S…
La. Rev. Stat. § 49:974.7 Notification
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§974.7. Notification Upon receiving the electronic transfer of information from the office of the state register, as provided in R.S. 49:961, the commercial division of the Department of State shall perform all of the following items: (1) By the fifteenth day of the month, the co…
La. Rev. Stat. § 49:974.8 Small business advocate; posting of rules
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§974.8. Small business advocate; posting of rules A. The secretary of state shall designate a small business advocate from the existing staff of the commercial division of the Department of State to implement and maintain the notification duties and functions required of the Depa…
La. Rev. Stat. § 49:975 Adjudication; notice; hearing; records
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§975. Adjudication; notice; hearing; records A. In an adjudication, all parties who do not waive their rights shall be afforded an opportunity for hearing after reasonable notice. B.(1) The notice shall include all of the following: (a) A statement of the time, place, and nature …
La. Rev. Stat. § 49:975.1 Rules of evidence; official notice; oaths and affirmations; subpoenas; depositions
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§975.1. Rules of evidence; official notice; oaths and affirmations; subpoenas; depositions and discovery; confidential privileged information In adjudication proceedings: (1) Agencies may admit and give probative effect to evidence which possesses probative value commonly accepte…
La. Rev. Stat. § 49:975.2 Administrative proceedings; member of the legislature or personnel as witness
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§975.2. Administrative proceedings; member of the legislature or personnel as witness An application for an order compelling discovery to a member or former member of the legislature in his capacity as a state lawmaker, or a legislative employee in his official capacity, when the…
La. Rev. Stat. § 49:976 Examination of evidence by agency
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§976. Examination of evidence by agency When in an adjudication proceeding a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, or the proposed order is not prepared by a member of the agency, the decision, if …
La. Rev. Stat. § 49:977 Decisions and orders
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§977. Decisions and orders A final decision or order adverse to a party in an adjudication proceeding shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law. Findings of fact, if set forth in statutory language, shall b…
La. Rev. Stat. § 49:977.1 Rehearings
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§977.1. Rehearings A. A decision or order in a case of adjudication shall be subject to rehearing, reopening, or reconsideration by the agency, within ten days from the date of its entry. The grounds for action shall be one of the following: (1) The decision or order is clearly c…
La. Rev. Stat. § 49:977.2 Ex parte consultations and recusations
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§977.2. Ex parte consultations and recusations A. Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a case of adjudication noticed and do…
La. Rev. Stat. § 49:977.3 Licenses
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§977.3. Licenses A. When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this Chapter concerning adjudication shall apply. B. When a licensee has made timely and sufficient application for the renewal …
La. Rev. Stat. § 49:977.4 Declaratory orders and rulings
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§977.4. Declaratory orders and rulings Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory orders and rulings as to the applicability of any statutory provision or of any rule or order of the agency. Declaratory orders and rulings …
La. Rev. Stat. § 49:978 Judicial review; rule to show cause for permit applicants
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§978. Judicial review; rule to show cause for permit applicants A. If the secretary does not grant or deny a permit, license, registration, variance, or compliance schedule for which the applicant had applied within the time period as provided for in R.S. 30:26 and 2022(C), R.S. …
La. Rev. Stat. § 49:978.1 Judicial review of adjudication
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§978.1. Judicial review of adjudication A.(1) Except as provided in R.S. 15:1171 through 1177, a party who is aggrieved by a final decision or order in an adjudication proceeding is entitled to judicial review under this Chapter whether or not he has applied to the agency for reh…
La. Rev. Stat. § 49:978.2 Judicial review; attorney fees; court costs; report
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§978.2. Judicial review; attorney fees; court costs; report A. If an agency or official thereof, or other person acting on behalf of an agency or official thereof, files a petition for judicial review of a final decision or order in an adjudication proceeding and such agency, off…
La. Rev. Stat. § 49:978.3 Redesignated as R.S
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§978.3. Redesignated as R.S. 49:974.3 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:978.4 Redesignated as R.S
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§978.4. Redesignated as R.S. 49:974.4 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:978.5 Redesignated as R.S
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§978.5. Redesignated as R.S. 49:974.5 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:978.6 Redesignated as R.S
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§978.6. Redesignated as R.S. 49:974.6 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:978.7 Redesignated as R.S
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§978.7. Redesignated as R.S. 49:974.7 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:978.8 Redesignated as R.S
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§978.8. Redesignated as R.S. 49:974.8 by Acts 2022, No. 663, §1.
La. Rev. Stat. § 49:979 Appeals
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§979. Appeals An aggrieved party may obtain a review of any final judgment of the district court by appeal to the appropriate circuit court of appeal. The appeal shall be taken as in other civil cases. Acts 1966, No. 382, §15, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignat…
La. Rev. Stat. § 49:980 Expenses of administrative proceedings; right to recover
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§980. Expenses of administrative proceedings; right to recover A. When a small business files a petition seeking: (1) relief from the application or enforcement of an agency rule or regulation, (2) judicial review of the validity or applicability of an agency rule, (3) judicial r…
La. Rev. Stat. § 49:980.1 Board action rescission and expungement of adjudication records; procedure;
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§980.1. Board action rescission and expungement of adjudication records; procedure; confidentiality A.(1) Notwithstanding any provision of law to the contrary, a person who holds or has held an occupational license issued by a professional occupational license board created under…
La. Rev. Stat. § 49:981 Continuous revision under supervision of division of administration, Office of the State Register
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§981. Continuous revision under supervision of division of administration, Office of the State Register The Office of the State Register, as the official entity to receive, compute, index, and publish the Louisiana Register and Louisiana Administrative Code, shall direct and supe…
La. Rev. Stat. § 49:982 New regulation; incorporation in Louisiana Register and Louisiana Administrative Code; resolution of conflicting rules
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§982. New regulation; incorporation in Louisiana Register and Louisiana Administrative Code; resolution of conflicting rules A. Upon receipt of any rules promulgated under the Administrative Procedure Act, the Office of the State Register shall prepare the "Louisiana Register", c…
La. Rev. Stat. § 49:983 Incorporation of current rules and regulations procedure
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§983. Incorporation of current rules and regulations procedure A. In preparing the Louisiana Register or the Louisiana Administrative Code as provided for in R.S. 49:981, the Office of the State Register shall not alter the sense, meaning, or effect of any rule properly promulgat…
La. Rev. Stat. § 49:984 Alphabetical or numerical sequence of laws
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§984. Alphabetical or numerical sequence of laws A. Whenever a rule defines terms, enumerates provisions or items, or otherwise sets forth provisions of a rule in a numerical or alphabetical listing or sequence, and such provision, as promulgated, fails to establish or fails to m…
La. Rev. Stat. § 49:985 Submitting copy to the proper party
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§985. Submitting copy to the proper party A draft of the Louisiana Administrative Code prepared by the Office of the State Register shall be submitted to the appropriate secretary or administrative officer charged with the promulgation of any rule prior to transmittal to the prin…
La. Rev. Stat. § 49:986 Filing of copy with commissioner of administration; certificate of correctness; printing
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§986. Filing of copy with commissioner of administration; certificate of correctness; printing Any edition of the Louisiana Administrative Code, or of any supplement thereto, prepared in the manner provided in R.S. 49:982 and 983, shall be certified by the Office of the State Reg…
La. Rev. Stat. § 49:987 Printing and publication of Louisiana Register; proof of certified edition
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§987. Printing and publication of Louisiana Register; proof of certified edition The Office of the State Register may enter into contracts with private publishers for the printing, publication, sale, and distribution of any edition of the Louisiana Register and the Louisiana Admi…
La. Rev. Stat. § 49:991 Creation of division of administrative law
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§991. Creation of division of administrative law The division of administrative law, hereafter referred to as "division", is created in the Department of State Civil Service. Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 1997, No. 1162, §2, eff. July 1, 1998; Acts 2003, No. 956…
La. Rev. Stat. § 49:992 Applicability; exemptions; attorney fees; court costs
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§992. Applicability; exemptions; attorney fees; court costs A.(1) Prior to October 1, 1996, the provisions of the Administrative Procedure Act shall apply to all adjudications as defined by that Act. (2) On and after October 1, 1996, the division shall commence and handle all adj…
La. Rev. Stat. § 49:992.1 Applicability; ethics complaints
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§992.1. Applicability; ethics complaints All adjudications involving alleged violations of any provision of law under the jurisdiction of the Board of Ethics shall be resolved as required by the provisions of this Chapter and the Administrative Procedure Act to the extent that su…
La. Rev. Stat. § 49:992.2 Repealed by Acts 2021, No
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§992.2. Repealed by Acts 2021, No. 4, §3, eff. Jan. 1, 2022.
La. Rev. Stat. § 49:993 Definitions; rules
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§993. Definitions; rules A. The definitions for terms as provided by R.S. 49:951 shall apply to such terms used in this Chapter. B. The division may promulgate rules according to the Administrative Procedure Act to insure compliance with the provisions of this Chapter. Acts 1995,…
La. Rev. Stat. § 49:994 Administrative law judges
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§994. Administrative law judges A. The director of the division shall employ the administrative law judges for the division, each of whom shall have the following qualifications: (1) An administrative law judge shall be a resident of Louisiana. (2) An administrative law judge sha…
La. Rev. Stat. § 49:995 Director
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§995. Director A. The governor shall appoint, and the Senate shall confirm, a director for the division, who shall have the following qualifications: (1) The director shall be a resident of Louisiana. (2) The director shall be licensed to practice law in Louisiana. (3) The direct…
La. Rev. Stat. § 49:996 Duties of the director
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§996. Duties of the director The director of the division shall take the following actions: (1) Administer and cause the work of the division to be performed in such a manner and pursuant to such a program as may be appropriate. (2) Organize the division into such sections as may…
La. Rev. Stat. § 49:997 Program of judicial evaluation
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§997. Program of judicial evaluation A. The director shall develop and implement a program of judicial evaluation to aid in the performance of his duties. B. The judicial evaluation shall focus on three areas of judicial performance including competence, productivity, and demeano…
La. Rev. Stat. § 49:998 Prehearing conference
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§998. Prehearing conference A. The administrative law judge may conduct a prehearing conference pursuant to a motion of any party or on his own motion. B. The administrative law judge shall set the time and place for the prehearing conference. C. The administrative law judge shal…
La. Rev. Stat. § 49:999 Disqualification and withdrawal of administrative law judge
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§999. Disqualification and withdrawal of administrative law judge A. An administrative law judge shall voluntarily disqualify himself and withdraw from any adjudication in which he cannot accord a fair and impartial hearing or consideration, or when required to by applicable rule…
La. Rev. Stat. § 49:999.1 Contract for adjudication services; other governmental entities
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§999.1. Contract for adjudication services; other governmental entities The division is authorized to provide administrative law judges on a contractual basis to any governmental entity not covered by this Chapter, and to conduct administrative hearings for such entity. Acts 1999…
La. Rev. Stat. § 49:999.21 Suspension and ultimate revocation of license or permit; felony conviction
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§999.21. Suspension and ultimate revocation of license or permit; felony conviction A. As used in this Part, the following terms shall have the following definitions: (1) "Enforcing authority" means any of the following who have authority to enforce the provisions of this Part: (…
La. Rev. Stat. § 49:999.22 Enforcing authority; initiation of action
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§999.22. Enforcing authority; initiation of action A. Any enforcing authority may bring an action against the holder of a license or permit to suspend and ultimately revoke such license or permit in the manner and according to the procedure provided for in this Part if the enforc…
La. Rev. Stat. § 49:999.23 Hearing before the issuing agency
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§999.23. Hearing before the issuing agency A. An action to enforce the provisions of this Part shall be initiated by written application made by the enforcing authority to the issuing agency issuing the license or permit requesting such agency to order the suspension and recommen…
La. Rev. Stat. § 49:999.24 Revocation
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§999.24. Revocation A.(1) Within thirty days after the issuance of a written determination and order by an administrative law judge or an issuing agency that the license or permit of a holder should be suspended, and a recommendation to the courts that such license or permit shou…
La. Rev. Stat. § 49:999.25 Additional ground or cause
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§999.25. Additional ground or cause Notwithstanding any other law to the contrary, the provisions of this Part shall provide an additional ground or cause of action for suspension or revocation of a license or permit issued by an issuing agency and shall be in addition to any oth…