Current through Register Vol. 50, No. 9, September 20, 2024
A. Any interested person may, pursuant to
R.S.
49:953(C), request the
commissioner adopt, amend, or repeal a rule ("rule change") that the
commissioner has the authority to make.
B. A request for a rule change shall be in
writing, be signed by the person making the request, and shall contain the
following information:
1. a statement of
whether the requested rule change involves the adoption, amendment, or repeal
of a rule, or any combination thereof;
2. a citation to the existing rule for which
an amendment or repeal is being requested or a statement that the rule will be
a new rule, if proposed for adoption;
3. a draft of the proposed wording of the
requested rule change or a statement detailing the content of the requested
rule change;
4. a statement of why
the request is being made;
5. a
simple, concise and direct statement of the material facts that the requesting
party believes support the requested rule change;
6. a statement of who would benefit from the
requested rule change and how they would be benefited if not already included
in any of the previously required statements;
7. if known, the specific citation to any
statute(s) that specifically relates to the content of the requested rule
change;
8. the name, address,
telephone number, and, if available, a fax number and e-mail address of the
person making the request;
9. a
request that does not comply with the Paragraphs in this Subsection shall be
returned to the requesting party with an attached statement explaining why the
request is incomplete.
C. The written request for a rule change
shall be addressed to the director of the Advisory Commission on Pesticides and
shall be mailed or hand delivered to 5825 Florida Boulevard, Suite 3003, Baton
Rouge, LA 70806.
D. The request for
a rule change shall be presented to the commissioner for due consideration.
1. The commissioner or an officer of the
department statutorily authorized to make the rule change may make a decision
regarding the requested rule change without the necessity of meeting with the
requesting party in person.
a. A decision
will be made within 30 days of receipt of the written request unless referred
to the commission as provided in Paragraph 2 of this Subsection or unless taken
under consideration.
b. The
requesting party shall be notified in writing or by electronic means of the
commissioners decision.
2. The commissioner may direct that the
request for a rule change be presented to the commission for review and
recommendation. In such case, the request shall be presented to the commission
at its next regularly scheduled meeting. If the next regularly scheduled
meeting is more than 30 days from the date the request for a rule change was
received by the department, the chairman of the commission may call a special
meeting for the purpose of hearing the request. The proposed rule change shall
be reviewed by the agencys staff which may participate in any discussion and
make any recommendations to the commission that the staff deems proper.
a. Notice of the meeting and the placement of
the request on the agenda shall be provided to the person submitting the
request at least 10 days prior to the meeting.
b. Failure of the requesting party to attend
the meeting for purposes of discussing the proposed rule change may be cause
for the request to be denied.
c.
The commission may take the matter under consideration or defer action pending
further information. If the matter is taken under consideration or action is
deferred, then it will be taken up again at the next regularly scheduled
meeting of the agency.
d. The
commission shall make a recommendation to the commissioner on the request for a
rule change. The person requesting the rule change shall be notified in writing
or by electronic means of the commissioners decision.
E. The agency, in its review of
the requested rule change, shall be exercising its rulemaking powers under the
Administrative Procedure Act (R.S. 49:950 et seq.)
and its decision shall be a discretionary exercise of its rulemaking powers and
shall not be a "decision" or "order" as defined in the Administrative Procedure
Act.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
3:3203 and
R.S.
49:953.
