Agency Rulemaking Petition - Louisiana

PETITION FOR RULEMAKING — LOUISIANA

COVER LETTER

[__/__/____]

[________________________________]
[Agency Head Name / Title]
[________________________________]
[Agency Name / Department]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]

Re: Petition for Rulemaking Under La. R.S. 49:953(C)
Requesting: ☐ Adoption ☐ Amendment ☐ Repeal of Administrative Rule
Subject Matter: [________________________________]

Dear [________________________________]:

Pursuant to La. R.S. 49:953(C)(1) of the Louisiana Administrative Procedure Act, the undersigned petitioner(s) respectfully submit this Petition for Rulemaking requesting that [________________________________] [Agency Name] initiate rulemaking proceedings to [adopt/amend/repeal] a rule concerning [________________________________] [identify rule or subject area].

Under Louisiana law, any interested person may petition an agency to adopt a new rule, or to amend or repeal an existing rule. This petition includes all required information under La. R.S. 49:953(C), including the petitioner's name and address, the specific text of the proposed rule language, and justification for the proposed action.

The petitioner(s) request that the Agency respond within ninety (90) days as required by Louisiana law, either by initiating rulemaking procedures or providing written notice of denial with stated reasons.

Respectfully submitted,

[________________________________]
[Petitioner Name / Title]
[________________________________]
[Organization / Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]
[________________________________]
[Telephone Number]
[________________________________]
[Email Address]

FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________] [AGENCY NAME / DEPARTMENT]

STATE OF LOUISIANA

PETITION NO.: [____] (Agency Assigned)

I. IDENTIFICATION OF PETITIONER(S)

La. R.S. 49:953(C)(1) requires that the petition include the petitioner's name and address and the petitioner's signature.

Primary Petitioner:

Additional Petitioner(s): ☐ See Attachment A for additional petitioners

Attorney/Representative (if applicable):

II. TYPE OF RULEMAKING ACTION REQUESTED

☐ Adoption of a new rule
☐ Amendment of an existing rule
☐ Repeal of an existing rule

Promulgating Agency: [________________________________]

Existing Rule Citation (if amendment or repeal):
Louisiana Administrative Code (LAC) Title: [____] Part: [____] Chapter: [____] Section: [____]

Proposed Rule Title: [________________________________]

Subject Matter Category: [________________________________]

III. STATEMENT OF NEED AND JUSTIFICATION

La. R.S. 49:953(C)(1) requires that the petition include "justification for the proposed action."

A. Description of the Problem or Regulatory Need

[________________________________]
[________________________________]
[________________________________]

Explain: (1) the specific problem, harm, or regulatory gap; (2) who is affected; (3) the severity and scope of the problem; and (4) why agency rulemaking action is the appropriate remedy.

B. Justification for the Proposed Action

[________________________________]
[________________________________]
[________________________________]

Provide the specific justification required by La. R.S. 49:953(C), including:

☐ Why the current regulatory framework is inadequate: [________________________________]
☐ How the proposed action addresses the identified problem: [________________________________]
☐ The benefits of the proposed action to the public: [________________________________]
☐ Why alternative approaches are insufficient: [________________________________]

C. Factual Basis Supporting the Petition

[________________________________]
[________________________________]
[________________________________]

Supporting facts and documentation:

☐ Documented incidents, complaints, or enforcement issues: [________________________________]
☐ Statistical data or research: [________________________________]
☐ Industry or practice changes: [________________________________]
☐ Federal regulatory developments: [________________________________]
☐ Court decisions: [________________________________]
☐ Technological or scientific changes: [________________________________]
☐ Other factual support: [________________________________]

D. Inadequacy of Current Rules

[________________________________]
[________________________________]

IV. PROPOSED RULE LANGUAGE

La. R.S. 49:953(C)(1) requires that the petition include "specific text or a description of the proposed language desired for the adoption or amendment of a rule, or the specific rule and language identified for repeal."

A. Complete Text of Proposed Rule (New Adoption)

Provide the proposed rule in the standard Louisiana Administrative Code format:

LOUISIANA ADMINISTRATIVE CODE
TITLE [____] — [Title Name]
PART [____] — [Part Name]
CHAPTER [____] — [Chapter Name]

§[____]. [Title of Proposed Section]

A. [________________________________]
B. [________________________________]
C. [________________________________]
D. [________________________________]

AUTHORITY NOTE: Promulgated in accordance with [________________________________].

HISTORICAL NOTE: Promulgated by the Department of [________________________________],
LR [____]:[____] (Month Year).

B. Proposed Amendment (Showing Changes)

For amendments, provide the specific existing text and proposed changes:

Current LAC Title [____], Part [____], §[____]:
[________________________________]
[________________________________]

Proposed Amendment (new language underlined, deleted language struck):
[________________________________]
[________________________________]

C. Proposed Repeal

If seeking repeal, identify the specific rule and language:

V. LEGAL AUTHORITY ANALYSIS

A. Agency Rulemaking Authority

The [________________________________] [Agency Name] possesses the authority to adopt the proposed rule under:

1. Organic Statute: La. R.S. [________________________________]
   - Grant of rulemaking authority: [________________________________]
   - Specific section: [________________________________]

2. Louisiana Administrative Procedure Act: La. R.S. 49:953(A) authorizes agencies to adopt rules in accordance with the APA to implement, interpret, or prescribe law or policy.

3. Additional Authority:
   - La. R.S. [________________________________]
   - La. R.S. [________________________________]

B. Petition Right Under Louisiana Law

Under La. R.S. 49:953(C)(1), any interested person may petition an agency to adopt a new rule, or to amend or repeal an existing rule. The petition must include:

• The petitioner's name and address
• The name of the promulgating agency for the rule in question
• Specific text or a description of the proposed language desired for the adoption or amendment of a rule, or the specific rule and language identified for repeal
• Justification for the proposed action
• The petitioner's signature

The agency must respond within ninety (90) days of receipt of the petition by either initiating rulemaking procedures or notifying the petitioner in writing of the denial with reasons stated.

C. Office of the State Register Requirements

The Office of the State Register (OSR), within the Division of Administration, oversees the administrative rulemaking process in Louisiana. Under LAC Title 1, Part I:

☐ All proposed rules must be published in the Louisiana Register
☐ The OSR maintains rulemaking petition records
☐ The OSR coordinates the rulemaking process between agencies and the Legislature

D. Constitutional and Preemption Analysis

☐ The proposed rule does not violate the Louisiana Constitution
☐ The proposed rule does not conflict with federal law or regulations
☐ The proposed rule is consistent with existing Louisiana statutes
☐ The proposed rule does not exceed the agency's delegated authority
☐ Preemption analysis attached (if applicable): [________________________________]

VI. IMPACT ANALYSIS

A. Economic Impact

B. Fiscal and Economic Impact Statement Requirements

Under La. R.S. 49:953(A), when an agency proposes a rule, the agency must prepare a fiscal and economic impact statement. The petitioner should address the following to assist the agency:

☐ Impact on household income, consumer costs, and employment
☐ Impact on the state budget and local government budgets
☐ Impact on small businesses (defined as employing fewer than 500 employees)
☐ Whether the rule is necessary for implementation of a federal program
☐ Costs of enforcement
☐ Impact on competition and the economy

C. Report to Legislative Fiscal Office

Under La. R.S. 49:953(A)(3), the agency must submit the fiscal and economic impact statement to the Legislative Fiscal Office for review before the rule can take effect.

D. Environmental Impact

[________________________________]
[________________________________]

E. Impact on Specific Populations

VII. PUBLIC INTEREST ARGUMENTS

A. Health and Safety Benefits

[________________________________]
[________________________________]

B. Consumer Protection Benefits

[________________________________]
[________________________________]

C. Economic Development Benefits

[________________________________]
[________________________________]

D. Consistency with Louisiana Public Policy

[________________________________]
[________________________________]

E. Stakeholder Support

VIII. SUPPORTING EVIDENCE AND EXHIBITS

IX. PETITIONER'S SPECIFIC REQUESTS

The petitioner(s) respectfully request that the [________________________________] [Agency Name]:

1. Acknowledge receipt of this petition in writing;

2. Within ninety (90) days of receipt, either initiate rulemaking procedures or provide written notification of denial with stated reasons, as required by La. R.S. 49:953(C);

3. If rulemaking is initiated, publish the proposed rule in the Louisiana Register and provide opportunity for public comment in accordance with La. R.S. 49:953(A);

4. Prepare a fiscal and economic impact statement and submit it to the Legislative Fiscal Office for review;

5. Conduct a public hearing on the proposed rule if requested or required;

6. Provide the petitioner with notice of all proceedings, hearings, and actions related to this petition.

X. VERIFICATION AND SIGNATURE

La. R.S. 49:953(C)(1) requires the petitioner's signature.

I, [________________________________], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Petitioner Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable): ______________________________

Printed Name: [________________________________]

Louisiana Bar Roll Number: [________________________________]

Date: [__/__/____]

FILING INSTRUCTIONS — LOUISIANA

Where to File

Primary Filing: File with the specific state agency that is the promulgating authority for the rule in question.

Certified Mail Requirement: Under La. R.S. 49:953(C), the petition must be submitted by certified mail.

Agency Contact:

• Identify the agency's rule promulgation contact or general counsel
• Check the agency's website for specific filing instructions
• The Division of Administration, Office of the State Register, maintains agency contact information

Office of the State Register (for reference):
Division of Administration
P.O. Box 94095
Baton Rouge, LA 70804-9095
Phone: (225) 342-5015
Website: https://www.doa.la.gov/doa/osr/

How to File

☐ Submit by certified mail (required by statute) to the agency
☐ Retain the certified mail receipt as proof of filing
☐ Request return receipt to document date of agency receipt
☐ Keep a complete copy of the petition and all exhibits
☐ Check whether the agency also accepts electronic copies as supplements

Filing Requirements

☐ Original petition signed by the petitioner
☐ Petitioner's name and address included (required by statute)
☐ Name of the promulgating agency identified (required by statute)
☐ Specific text or description of proposed language (required by statute)
☐ Justification for the proposed action (required by statute)
☐ All exhibits and supporting documents properly labeled
☐ Filed by certified mail

Filing Fee

Louisiana law does not impose a filing fee for rulemaking petitions. Confirm with the specific agency.

AGENCY RESPONSE REQUIREMENTS

Agency Obligations Under La. R.S. 49:953(C)

Upon receipt of a properly filed petition for rulemaking, the agency must:

1. Act within 90 days — Within ninety (90) days of receipt of the rulemaking petition, the agency must either:
   - Initiate rulemaking procedures to adopt a new rule, or to amend or repeal an existing rule, or
   - Notify the petitioner in writing of the denial to proceed with rulemaking, stating the reason(s) for the denial

2. If rulemaking is initiated, the agency must follow the standard rulemaking procedures under La. R.S. 49:953(A).

Louisiana Rulemaking Process (If Petition Is Granted)

Legislative Oversight

Under La. R.S. 49:968, the Legislature exercises oversight over administrative rulemaking through:

☐ Review by relevant legislative committees
☐ The Legislature may suspend or modify a rule by concurrent resolution
☐ The Governor may suspend rules under certain circumstances
☐ Legislative approval may be required for certain types of rules

Rulemaking Petition Tracking

The Division of Administration, Office of the State Register, maintains a record of rulemaking petitions. The petitioner can track the status of the petition through:

☐ Direct contact with the agency
☐ Office of the State Register website
☐ Louisiana Register (for published rulemaking notices)
☐ Written follow-up at day 60 if no agency response

APPEAL OF DENIAL

Options if the Petition Is Denied

If the agency provides written denial within the 90-day period (or fails to act), the petitioner may pursue the following remedies:

A. Judicial Review

• Under La. R.S. 49:963, a person who is aggrieved by agency action may obtain judicial review
• File a petition for judicial review in the appropriate Louisiana district court
• The Nineteenth Judicial District Court (East Baton Rouge Parish) has general jurisdiction over state agency actions
• The court reviews whether the denial was:
  ☐ In violation of constitutional or statutory provisions
  ☐ In excess of the agency's statutory authority
  ☐ Made upon unlawful procedure
  ☐ Affected by other error of law
  ☐ Arbitrary, capricious, or an abuse of discretion
  ☐ Not supported and sustained by substantial evidence

B. Legislative Action

• Contact members of the Louisiana Legislature
• Request that the relevant legislative committee review the agency's denial
• The Legislature has authority under La. R.S. 49:968 to direct agency rulemaking through legislation or concurrent resolution
• The Governor may also direct agency action

C. Renewed Petition

• Submit a new petition addressing the agency's stated reasons for denial
• Provide additional justification, data, and stakeholder support
• Build broader coalition support before refiling
• Wait a reasonable period (6-12 months) before refiling

D. Governor's Office

• Contact the Governor's Office regarding the regulatory matter
• The Governor has oversight authority over executive branch agencies
• The Governor may direct an agency to initiate rulemaking

E. Failure to Respond Within 90 Days

If the agency fails to respond within 90 days:

• Send a written demand letter referencing the statutory deadline
• Consider filing a mandamus action to compel agency compliance
• Contact the Office of the State Register for assistance
• Pursue legislative oversight remedies

Judicial Review Standards

Louisiana courts apply the following standards under La. R.S. 49:964:

☐ Arbitrary, capricious, or abuse of discretion
☐ Contrary to law or in violation of statutory provisions
☐ Made upon unlawful procedure
☐ Affected by error of law
☐ Not supported by substantial evidence (on the whole record)

DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Identified the correct promulgating agency
☐ Researched agency-specific filing requirements
☐ Confirmed agency mailing address for certified mail delivery
☐ Researched statutory authority for the proposed rule
☐ Reviewed the Louisiana Administrative Code for existing rules on the subject
☐ Checked the Louisiana Register for pending related rulemakings
☐ Reviewed the Office of the State Register rulemaking petition records

Petition Components (Statutory Requirements per La. R.S. 49:953(C)(1))

☐ Petitioner's name and address
☐ Name of the promulgating agency for the rule in question
☐ Specific text or description of the proposed language desired
☐ Justification for the proposed action
☐ Petitioner's signature

Additional Petition Components (Recommended)

☐ Cover letter addressed to agency head
☐ Formal petition with detailed sections
☐ Legal authority analysis with statutory citations
☐ Impact analysis (economic, fiscal, environmental)
☐ Public interest arguments
☐ Supporting exhibits properly labeled and indexed

Filing Requirements

☐ Petition signed by the petitioner
☐ Submitted by certified mail (statutory requirement)
☐ Certified mail receipt retained
☐ Return receipt requested
☐ Complete copy of petition retained

Post-Filing Actions

☐ Calendar 90-day response deadline from date agency receives petition
☐ Calendar 60-day follow-up reminder
☐ Monitor Louisiana Register for agency rulemaking notices
☐ Check Office of the State Register website for petition status
☐ Prepare for potential public hearing participation
☐ Notify stakeholders of filing

PRACTICE TIPS FOR LOUISIANA PRACTITIONERS

Strengthening Your Petition

1. Meet all five statutory requirements. La. R.S. 49:953(C)(1) specifies five mandatory petition elements: petitioner's name and address, promulgating agency name, specific text or description of proposed language, justification, and signature. Ensure all five are clearly included.

2. Use certified mail. The statute requires certified mail delivery. Use certified mail with return receipt requested to establish both the filing date and the date of agency receipt (which starts the 90-day clock).

3. Provide specific rule text. While the statute allows either "specific text" or "a description," providing actual proposed rule text in standard Louisiana Administrative Code format demonstrates seriousness and assists the agency.

4. Address the fiscal and economic impact proactively. Louisiana's rulemaking process requires agencies to prepare fiscal and economic impact statements. Providing your own analysis assists the agency and demonstrates thoroughness.

5. Engage with the Office of the State Register. The OSR oversees rulemaking procedures and maintains petition records. The OSR can confirm proper filing and track your petition's status.

6. Build legislative support. Louisiana legislators have oversight authority over administrative rulemaking and can influence agency priorities through committee review.

7. Consider timing. If the Legislature is in session, agencies may be more receptive to petitions that align with legislative priorities. Filing during session can enable concurrent legislative engagement.

Common Pitfalls to Avoid

1. Not using certified mail. The statute specifically requires certified mail delivery — other methods may not satisfy the statutory requirement.
2. Omitting required elements. Each of the five statutory elements must be included; a deficient petition may be rejected.
3. Filing with the wrong agency. The petition must identify the "promulgating agency for the rule in question."
4. Vague justification. Provide specific, detailed justification rather than general policy assertions.
5. Failing to track the 90-day deadline. The clock runs from the date of agency receipt, not the date of mailing.

Timeline Expectations

• Agency response deadline: 90 days from receipt of the petition (La. R.S. 49:953(C))
• Notice of intent publication: After decision to initiate rulemaking
• Public comment period: Minimum 20 days after publication of notice
• Public hearing: If requested by 25 or more persons
• Total rulemaking process (if initiated): 6-18 months from petition to effective date

SOURCES AND REFERENCES

Primary Louisiana Statutes

• La. R.S. 49:953(C) — Petition for Adoption, Amendment, or Repeal of Rules (90-day response, five required elements)
• La. R.S. 49:953(A) — General Rulemaking Provisions (notice, comment, impact statement)
• La. R.S. 49:950 et seq. — Louisiana Administrative Procedure Act
• La. R.S. 49:954 — Effective Date of Rules
• La. R.S. 49:963–964 — Judicial Review of Agency Action
• La. R.S. 49:968 — Legislative Oversight of Administrative Rulemaking

Administrative Resources

• Louisiana Administrative Code (LAC) — Official compilation of state regulations
• Louisiana Register — Official publication for proposed and adopted rules
• Division of Administration, Office of the State Register: https://www.doa.la.gov/doa/osr/
• OSR Rulemaking Petitions Page: https://www.doa.la.gov/doa/osr/rulemaking-reports/rulemaking-petitions/
• LAC Title 1, Part I — Office of the State Register Administrative Procedures

Helpful References

• Louisiana State Bar Association, Administrative Law Section resources
• Louisiana Division of Administration, rulemaking guidance documents
• Louisiana Legislative Fiscal Office: https://www.lfb.louisiana.gov/
• Louisiana Department of Public Safety, Petition for Rulemaking guidance: https://dps.louisiana.gov/petition.html

This template is designed for use by Louisiana attorneys and interested persons seeking to petition state agencies for rulemaking action. It should be adapted to the specific requirements of the target agency. All statutory citations should be verified for current accuracy before filing. This document does not constitute legal advice.