Current through Register Vol. 50, No. 9, September 20, 2024
A. This rule provides for the filing and
prompt disposition of petitions or requests for declaratory orders and rulings
as to the applicability of any statutory provision or as to the applicability
or validity of any rule or order of the agency, as required by
R.S.
49:962 and 49:963(D) of the Administrative
Procedure Act.
B. No technical form
of making a request is required but a request for a declaratory order or ruling
shall be made in writing, shall be signed by the person making the request, and
shall contain the following information:
1. a
citation to the specific statutory provision, rule or order that will be the
subject of the declaratory order or ruling;
2. a simple, concise, and direct statement of
the material facts that the requesting party believes the agency should be
aware of in making a determination;
3. a concise statement of why the declaratory
order or ruling is being requested;
4. a short, simple and direct statement of
how the requesting party would like the agency to rule;
5. a short, simple, and direct statement of
the statute, cases, opinions, or other legal authority that the requesting
party believes support the requested declaratory order or ruling;
6. a list of all persons that the requesting
party may call to testify and a list of all documents that may be submitted as
evidence, if the agency decides to hear testimony and take evidence;
7. the name, address, telephone number, and,
if available, a fax number and e-mail address of the person making the request.
This information shall be either printed on any letterhead or provided in the
written request in legible form;
8.
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. A written request for a declaratory order
or ruling shall be addressed to the director of the Advisory Commission on
Pesticides and shall be mailed or delivered to 5825 Florida Boulevard, Suite
3003, Baton Rouge, LA 70806.
D. The
request for a declaratory order or ruling shall be referred by the commissioner
to the commission for review and recommendation. The commission shall consider
the request as follows.
1. The request for a
declaratory order shall be presented to the commission at its next regularly
scheduled meeting that is more than 30 days after the request is received
unless the departments staff determines that the matter can be fairly heard at
a meeting that is scheduled to be held less than 30 days after the request is
received.
2. Notice of the meeting
and the placement of the request on the agenda shall be provided at least 10
days prior to the meeting to the person submitting the requesting
party.
3. Failure of the requesting
party to attend the meeting for purposes of presenting the matter to the agency
may be cause for the request to be denied.
4. The requesting party and the department
may both call witnesses and present documentary evidence in regard to the
matter. The administrative proceeding shall be conducted in accordance with the
Administrative Procedure Act. The administrative proceeding shall be recorded
and the decision of the agency shall be based on the record and evidence
presented.
5. The commission may
take the matter under consideration or defer action pending further
information.
6. The commission
shall make a recommendation to the commissioner. The person requesting the
declaratory meeting shall be notified in writing of the commissioners
decision.
E. Judicial
review of any declaratory order or ruling of the department shall be as
provided by the Administrative Procedure Act.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
3:3203,
R.S.
49:962 and
R.S.
49:953.
