Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part I - Office of the Secretary
Subpart 1 - Departmental Administrative Procedures
Chapter 11 - Declaratory Rulings
Section I-1121 - Circumstances in Which Declaratory Rulings May Not Be Issued
Universal Citation: LA Admin Code I-1121
Current through Register Vol. 50, No. 9, September 20, 2024
A. Circumstances in which declaratory rulings may not be issued include, but are not necessarily limited to:
1. lack of
jurisdiction;
2. lack of clarity
concerning the question presented;
3. the existence of pending or imminent
litigation or administrative action or adjudication that may either answer the
question presented by the petition or otherwise make an answer
unnecessary;
4. the petition
involves a subject, question, or issue that is the subject of a formal or
informal matter or investigation currently pending before the department, a
court, or other government agency;
5. the statute, rule, or order on which a
declaratory ruling is sought is clear and not in need of interpretation to
answer the question presented by the petition;
6. the facts presented in the petition are
not sufficient to answer the question presented;
7. the petition fails to contain any of the
information required by LAC 33:I.1117 or 1137;
8. the petitioner is not aggrieved by the
rule or statute on which a declaratory ruling is sought;
9. the petition seeks a ruling on a moot or
hypothetical question or will result in an advisory ruling or opinion;
or
10. the question presented by
the petition concerns the validity or constitutionality of a statute.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2050.10.
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