Current through Register Vol. 50, No. 9, September 20, 2024
A. All rules of the board shall be adopted,
amended or repealed in accordance with the Administrative Procedure
Act.
B. The board, on its own
motion or in response to the petition of any interested person, may request the
adoption, amendment, or repeal of a rule pursuant to
R.S.
49:953(C).
C. Request by an interested person shall be
made on an approved form, which may be obtained from the Teachers Retirement
System of Louisiana upon request of the director.
1. Such petition shall be in writing; and
a. clearly state that it is a petition for
adoption, amendment or repeal of a rule;
b. state the name, address, telephone number,
and email address of its author;
c.
be signed and dated by its author;
d. contain a brief description stating:
i. whether the petition is requesting the
adoption, amendment or repeal of a rule;
ii. the need for the adoption, amendment or
repeal of the proposed rule;
iii.
the specific citation of any legal authority purporting to authorize the
adoption, amendment or repeal of the proposed rule, if known; and
iv. the fiscal impact of the adoption,
amendment or repeal of the proposed rule, if known.
e. state the reasons or grounds for the
proposed adoption, amendment or repeal;
f. contain proposed wording, content or
description of the suggested language of a newly proposed rule and/or the
suggested language of a proposed amendment to an existing rule;
i. A petition for the repeal of an existing
rule shall cite the rule to be repealed. The interested person may attach a
copy of the rule with a strike through of all portions proposed to be
repealed.
g. contain
specific citation to any statute that specifically relates to the content of
the requested rule change, if known; and
h. include any data, views or arguments in
support of the rules adoption, amendment, or repeal.
2. The petition for a rule change shall be
addressed to the director and shall be mailed or hand delivered to Teachers
Retirement System of Louisiana, 8401 United Plaza Blvd., Suite 300, Baton
Rouge, LA 70809.
3. The director
retains sole discretion to grant, deny or defer a petition in whole or in part.
a. The director will consider the petition
within 90 days after receipt.
i. The director
may solicit the petitioner for further information regarding the request. If
further information is sought, the ninety day period will commence from the
date further information is received or 90 days from the date further
information is requested if no response is made by the petitioner.
b. The determination of the
director will be stated in writing and mailed, via usual means to the
petitioner.
c. If the petitioner is
not satisfied with the determination of the director, the petitioner may
request a reconsideration within 30 days.
d. The director will consider the petition
for reconsideration within 90 days after receipt.
e. The determination of the director
regarding the reconsideration will be stated in writing and mailed, via usual
means to the petitioner.
f. If the
petitioner is not satisfied with the determination of the director, the
petitioner may request an appeal to the board within 30 days.
i. The board will consider the appeal within
90 days after receipt.
ii. The
board may defer the ruling on a petition to review the petition further or
gather facts related to the petition.
iii. The board retains the discretion to
grant or deny the petitioner a hearing.
iv. The determination of the board will be
stated in writing and mailed, via usual means to the petitioner.
v. All determinations of the board are final
and not appealable.
4. Nothing herein shall be construed to
require the director or the board, in granting a petition of adoption,
amendment or repeal of a rule, to employ the specific language or format
requested by the petitioner.
D. The agency shall conduct a public hearing,
at least once every six years, for the purpose of allowing interested persons
the opportunity to comment on any rule believed to be contrary to law,
outdated, unnecessary, overly complex or burdensome in accordance with
R.S.
49:953(C).
1. Written comments by interested persons
shall be in the same format as prescribed by Subsection C of this Section and
shall be addressed to the director and mailed or hand delivered to Teachers
Retirement System of Louisiana, 8401 United Plaza Blvd., Suite 300, Baton
Rouge, LA 70809.
2. The director
shall appoint a committee of agency personnel to conduct the public hearing.
a. The committee will submit to the director,
within 30 days:
i. the written submission by
the interested person;
ii. any
statement by the agency explaining the basis and/or rationale for the rule in
question; and
iii. any data or
evidence by the agency relating to the rule.
b. The director will consider the submission
within 90 days after receipt.
i. The director
may solicit the petitioner for further information regarding the request. If
further information is sought, the 90-day period will commence from the date
further information is received or 90 days from the date further information is
requested if no response is made by the petitioner.
c. The determination of the director will be
stated in writing and mailed, via usual means to the petitioner.
d. If the petitioner is not satisfied with
the determination of the director, the petitioner may request a reconsideration
within 30 days.
e. The director
will consider the petition for reconsideration within 90 days after
receipt.
f. The determination of
the director regarding the reconsideration will be stated in writing and
mailed, via usual means to the petitioner.
g. If the petitioner is not satisfied with
the determination of the director, the petitioner shall request an appeal to
the board within 30 days.
i. The board will
consider the appeal within 90 days after receipt.
ii. The board may defer the ruling on a
petition to review the petition further or gather facts related to the
petition.
iii. The board retains
the discretion to grant or deny the petitioner a hearing.
iv. The determination of the board will be
stated in writing and mailed, via usual means to the petitioner.
v. All determinations of the board are final
and not appealable.
3. Nothing herein shall be construed to
require the board, in granting a petition of adoption, amendment or repeal of a
rule, to employ the specific language or format requested by the
petitioner.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 11: 826 and
49:953(C).