Current through Register Vol. 50, No. 3, March 20, 2024
A.
Declaratory hearings may be conducted, at the discretion of the board, upon
submission of an application pursuant to
R.S.
42:1141.6.
B. The application shall be in writing and
shall contain the following information:
1.
the name, address, and telephone number of the applicant;
2. identification of the statutes, rules or
opinions subject of the application;
3. the question presented to the board 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 the applicant;
and
b. to answer the question
presented to the board for ruling.
5. a statement identifying all statutes,
rules, or opinions that are relevant to the question presented by the
applicant;
6. a statement of the
reasons for submitting the application, including a full disclosure of the
petitioner's interest in obtaining the declaratory opinion;
7. a statement as to whether the question
presented by the applicant is presently pending before or under consideration
by the board or any other administrative, legislative, or adjudicative
body;
8. a statement as to whether
the applicant has some other adequate legal remedy that will terminate the
controversy or remove any uncertainty as to the applicability to the applicant
or the circumstances cited of the statute, rule or opinion in question;
and
9. an affidavit that verifies
the facts stated in the application are true and correctly stated, and the
verification is based on the documents attached to or identified in the
application or based on the affiant's personal knowledge.
C. The application for declaratory opinion
should be filed with the executive secretary of the Louisiana Board of
Ethics.
D. The application for
declaratory opinion may be accompanied by a memorandum urging the department to
issue a declaratory opinion of specified content. Such memorandum shall not
exceed 25 pages in length, exclusive of cover pages, table of content, index of
authority and exhibits.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
42:1134(A).
