Current through Register Vol. 50, No. 9, September 20, 2024
A. A petition requesting issuance of a
declaratory ruling shall be in writing and shall contain the following
information:
1. the name, address, and
telephone number of the petitioner and whether the petitioner is a
permittee;
2. identification of the
specific rule or statute in question;
3. the exact question presented to the
department for ruling;
4. a concise
statement of all particular facts necessary and sufficient to accomplish the
following:
a. to show the nature of the
controversy or uncertainty and the manner in which the rule or statute on which
the declaratory ruling is sought applies or potentially applies to petitioner;
and
b. to answer the question
presented to the department for ruling;
5. a statement identifying all other rules,
statutes, orders, or statements (formal or informal) from officials, employees,
or agents of any local, state, or federal government agency that are relevant
to the question presented by the petitioner;
6. a statement of the reasons for submitting
the petition, including a full disclosure of the petitioner's interest in
obtaining the declaratory ruling;
7. a statement as to whether the question
presented by the petitioner is presently pending before or under consideration
by the department or any other administrative, legislative, or adjudicative
body;
8. a statement as to whether
the petitioner has some other adequate legal remedy that will terminate the
controversy or remove any uncertainty as to the applicability to petitioner or
the circumstances cited of the rule, order, or statute in question;
and
9. an affidavit that verifies
the facts stated in the petition are true and correctly stated, and the
verification is based upon the documents attached to or identified in the
petition or based upon the affiant's personal knowledge.
B. A petition for declaratory ruling shall be
filed with the Office of the Secretary by either of the following methods:
1. personal delivery to the general counsel
or the declaratory rulings clerk at department headquarters; or
2. United States Mail as certified mail,
return receipt requested to Declaratory Rulings Clerk, Office of the
Secretary.
C. A petition
for declaratory ruling may be accompanied by a memorandum that urges the
department to issue a declaratory ruling of specified content. Such memorandum
should contain the arguments therefor and any relevant authorities in support
thereof. No memorandum shall exceed 25 pages in length, exclusive of any cover
pages, tables of contents, indexes of authorities, and exhibits.
D. In addition to these requirements, a
petition must meet the requirements of LAC 33:I.1137.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2050.10.
