Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION / REHEARING

Before the [________________________________]

State of Louisiana

In the Matter of:

[________________________________],
Petitioner,

v.

[________________________________],
Respondent Agency.

DAL Docket No.: [________________________________]
Agency Case No.: [________________________________]

PETITION FOR RECONSIDERATION AND/OR REHEARING

Pursuant to La. R.S. § 49:964 and Applicable Agency Rules

Petitioner, [________________________________], by and through undersigned counsel [or pro se], respectfully petitions the [________________________________] (the "Agency") for reconsideration and/or rehearing of the Final Decision/Order issued on [__/__/____], pursuant to La. R.S. § 49:964, the Louisiana Administrative Procedure Act (La. R.S. § 49:950 et seq.), and applicable agency rules.

I. PRELIMINARY STATEMENT

This Petition is filed pursuant to Louisiana law governing administrative proceedings and the Agency's applicable rules authorizing reconsideration or rehearing of final administrative decisions. In Louisiana, the right to petition for reconsideration is governed primarily by agency-specific rules, and La. R.S. § 49:964 governs the right to judicial review following a final agency adjudication.

Louisiana's Division of Administrative Law (DAL), established under La. R.S. § 49:991, provides administrative law judges (ALJs) to conduct hearings for many state agencies. The ALJ's proposed decision is typically reviewed by the agency head, and the agency head's final decision is the order subject to reconsideration and judicial review.

The Final Decision/Order [describe adverse action: e.g., denied Petitioner's application / revoked Petitioner's license / imposed a civil penalty of $[____________] against Petitioner / upheld agency enforcement action against Petitioner]. For the reasons set forth herein, the Decision/Order is erroneous in law and/or fact.

II. JURISDICTION AND STATUTORY AUTHORITY

A. Statutory Basis

The Agency's authority and the right to petition for reconsideration/rehearing are found in:

1. La. R.S. § 49:964 — Judicial review of adjudication; requirements for exhaustion of administrative remedies
2. [Cite agency's enabling statute: ________________________________]
3. [Cite agency's administrative rules on reconsideration/rehearing: Louisiana Administrative Code, Title [____], § [____]]

B. Timeliness

☐ This Petition is timely. The Final Decision/Order was issued/served on [__/__/____]. Under [cite applicable rule: ________________________________], a petition for reconsideration/rehearing must be filed within [____] days of [issuance/service]. This Petition is filed on [__/__/____].

Deadline Calculation:

• Date Final Decision/Order issued: [__/__/____]
• Applicable deadline: [____] days
• Filing deadline: [__/__/____]
• Date this Petition filed: [__/__/____]

Note: Louisiana does not have a single statutory deadline for reconsideration petitions in the general APA. The applicable deadline is set by the specific agency's rules. Where DAL conducted the hearing, the DAL's Louisiana Administrative Code rules (Title 1, Chapter [____]) may provide a deadline. Confirm the deadline with the specific agency before filing.

C. DAL Reconsideration Procedure

For matters heard by the Louisiana Division of Administrative Law (DAL), requests for reconsideration, reopening, or rehearing may be filed with the DAL within ten (10) days from the date of transmission of notice of the decision, and any requests shall be granted or denied by the division. Consult La. Admin. Code Title 1 for current DAL procedures.

D. Effect on Judicial Review Deadline

Under La. R.S. § 49:964(B), a party seeking judicial review of a final administrative adjudication must file a petition in the appropriate district court within thirty (30) days after the agency decision is filed in the record or mailed to the petitioner. Filing a timely petition for reconsideration may toll this deadline — consult Louisiana counsel for the specific effect under the applicable agency's rules.

III. IDENTIFICATION OF PARTIES

A. Petitioner

Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]
Telephone: [____________________________]
Email: [________________________________]
License/Permit/Account No. (if applicable): [________________________________]
Represented by: [________________________________] (Counsel) / Pro Se ☐
Louisiana Bar No. (if attorney): [____________________]

B. Respondent Agency

Agency Name: [________________________________]
Secretary/Commissioner/Director: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]

C. Louisiana Division of Administrative Law (if applicable)

DAL Administrative Law Judge: [________________________________]
DAL Address: 1885 N. Third Street, Baton Rouge, LA 70802
DAL Docket No.: [________________________________]

D. Other Parties of Record

Name: [________________________________]
Role: [________________________________]
Address: [________________________________]

IV. DESCRIPTION OF THE DECISION/ORDER CHALLENGED

A. The Final Decision/Order

1. Title/Description: [________________________________]
2. Date Issued/Filed: [__/__/____]
3. Date Served/Mailed to Petitioner: [__/__/____]
4. Decision/Order Number: [________________________________]
5. ALJ/Hearing Officer: [________________________________]
6. Agency Official Who Issued Final Decision: [________________________________]

B. Summary of the Decision/Order

The Decision/Order found/concluded: [________________________________]

The Decision/Order directed/imposed: [________________________________]

A copy of the Decision/Order is attached as Exhibit A.

V. PROCEDURAL HISTORY

1. On [__/__/____], [describe the initiating agency action, e.g., "the Agency issued a Notice of Action / initiated enforcement proceedings against Petitioner alleging [charges]"].

2. On [__/__/____], Petitioner [describe response, e.g., "requested an administrative hearing before the Louisiana Division of Administrative Law"].

3. The Louisiana Division of Administrative Law assigned Administrative Law Judge (ALJ) [________________________________] to conduct the hearing.

4. An administrative hearing was held on [__/__/____] at [________________________________], Louisiana.

5. The following witnesses testified:
   - [________________________________], called by [________________________________]
   - [________________________________], called by [________________________________]

6. Exhibits admitted into evidence:
   - [________________________________]
   - [________________________________]

7. Post-hearing submissions:
   - Petitioner's post-hearing brief filed: [__/__/____]
   - Agency's brief filed: [__/__/____]

8. The ALJ issued a Proposed Decision on [__/__/____].

9. The Agency Head issued its Final Decision/Order on [__/__/____].

VI. GROUNDS FOR RECONSIDERATION/REHEARING

Petitioner asserts the following grounds. Check all that apply:

☐ Ground 1: Error of Law
The Decision/Order contains material errors in the interpretation or application of Louisiana law.

Cite statute/rule: [________________________________]
Specific error: [________________________________]

☐ Ground 2: Findings of Fact Not Supported by Substantial Evidence
One or more material findings of fact are not supported by substantial evidence in the record.

Unsupported findings:

• Finding: [________________________________]; Contrary evidence: [________________________________]
• Finding: [________________________________]; Contrary evidence: [________________________________]

☐ Ground 3: Newly Discovered Evidence
Material evidence that was not available at the time of the hearing, through no fault of Petitioner, has been discovered.

Description: [________________________________]
Reason not available: [________________________________]
Materiality: [________________________________]

☐ Ground 4: Agency Exceeded Its Authority
The Agency's action exceeds its statutory authority or jurisdiction.

Cite statutory limitation: [________________________________]
How exceeded: [________________________________]

☐ Ground 5: Arbitrary, Capricious, or Characterized by Abuse of Discretion
The Decision/Order is arbitrary, capricious, or characterized by an abuse of discretion.

Specifically: [________________________________]

☐ Ground 6: Constitutional Violation
The Decision/Order violates Petitioner's constitutional rights:
☐ Due process (U.S. Const. amend. XIV; La. Const. art. I, § 2)
☐ Equal protection (La. Const. art. I, § 3)
☐ Other: [________________________________]

☐ Ground 7: Procedural Error
A material procedural error deprived Petitioner of a fair hearing:
☐ Inadequate notice of hearing or charges
☐ Evidence improperly admitted or excluded
☐ Denial of right to present witnesses or cross-examine
☐ ALJ bias or conflict of interest
☐ Other: [________________________________]

☐ Ground 8: Decision is Contrary to Law or Agency Precedent
The Decision/Order conflicts with controlling Louisiana law or established agency precedent without adequate explanation.

VII. STATEMENT OF FACTS

A. Background

[Provide a numbered, chronological factual narrative:]

1. Petitioner [________________________________] is a [describe: licensed professional / business entity / regulated party / applicant] who [describe relevant background, e.g., holds Louisiana [license type] License No. [____], issued by the Agency since [__/__/____]].

2. On [__/__/____], [describe the key triggering event or agency action].

3. On [__/__/____], [describe next relevant event].

4. [Continue sequentially.]

B. Factual Errors in the Decision/Order

The following specific findings are incorrect or unsupported by the record:

Erroneous Finding 1:

• The Decision states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Evidence: Exhibit [____] / Transcript p. [____]

Erroneous Finding 2:

• The Decision states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Evidence: [________________________________]

VIII. LEGAL ARGUMENT

A. Standard for Reconsideration/Rehearing

The Agency has authority to reconsider its final decisions to correct errors of law, correct factual findings lacking evidentiary support, consider newly discovered evidence, and prevent manifest injustice. Reconsideration allows correction of errors at the agency level, avoiding unnecessary litigation costs.

B. Louisiana Judicial Review Standards (La. R.S. § 49:964)

Under La. R.S. § 49:964(G), a court reviewing an administrative adjudication shall:

• Reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
• In violation of constitutional or statutory provisions;
• In excess of the statutory authority of the agency;
• Made upon unlawful procedure;
• Affected by other error of law;
• Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or
• Not supported by a preponderance of the evidence as determined by the reviewing court.

These same standards guide reconsideration at the agency level.

C. Argument on Ground 1: [State Ground Title]

[Provide detailed legal argument:]

The Decision/Order erred as a matter of law in [________________________________]. La. R.S. § [____] expressly provides that [________________________________]. The Agency's interpretation is incorrect because [________________________________].

The Louisiana Supreme Court / First (or other) Circuit Court of Appeal in [________________________________] So. 3d [____] (La. [year]) held that [________________________________]. This controlling authority requires [________________________________].

D. Argument on Ground 2: [Insufficient Evidence]

The following findings are not supported by a preponderance of evidence in the record:

Finding [____]: The Agency found [________________________________]. However, the evidence admitted at hearing establishes that [________________________________]. [Exhibit [____]] demonstrates [________________________________]. The testimony of [________________________________] (Tr. p. [____]) states [________________________________]. The Agency's contrary finding is therefore unsupported.

E. [Continue for Each Ground Asserted]

IX. RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ 1. Grant this Petition for Reconsideration/Rehearing.

☐ 2. Vacate the Final Decision/Order in its entirety.

☐ 3. Enter a new decision in Petitioner's favor: [________________________________]

☐ 4. Modify the Decision/Order as follows: [________________________________]

☐ 5. Remand for further hearing on: [________________________________]

☐ 6. Stay enforcement of the Decision/Order pending resolution of this Petition and any judicial review.

☐ 7. Reinstate Petitioner's [license/permit/authorization]: [________________________________]

☐ 8. Reduce the [penalty/fine/assessment] to: $[____________]

☐ 9. Grant such other and further relief as is just and proper.

X. LIST OF EXHIBITS

XI. LOUISIANA-SPECIFIC AGENCY NOTES

This template may be used in proceedings before Louisiana state agencies, including:

• Louisiana Division of Administrative Law (DAL) — provides ALJs for hearings for many state agencies; 1885 N. Third Street, Baton Rouge, LA 70802
• Louisiana Department of Health — health facility and provider licensing, Medicaid
• Louisiana State Board of Medical Examiners — physician licensing and discipline
• Louisiana State Board of Nursing — nursing licensing and discipline
• Louisiana Department of Revenue — tax assessments and penalties
• Louisiana Workforce Commission — unemployment insurance, workers' compensation
• Louisiana Department of Environmental Quality (LDEQ) — environmental permits and enforcement
• Louisiana Real Estate Commission — real estate licensee discipline
• Louisiana Department of Insurance — insurance agent and company licensing
• Louisiana Department of Education — educator certification
• Louisiana Public Service Commission — utility and telecommunications regulation

DAL vs. Agency-Specific Hearings: The Louisiana Division of Administrative Law (DAL) provides hearing officers for many agencies but not all. Some agencies (e.g., the Public Service Commission, the Louisiana Tax Commission) conduct their own hearings. Check whether your agency uses DAL or its own hearing process.

Reconsideration Deadline Varies: Unlike some states, Louisiana's general APA does not set a uniform reconsideration deadline. DAL's rules provide a 10-day deadline for requests to reconsider DAL decisions. Agency-specific rules may provide different deadlines. Always check the specific agency's administrative rules (Louisiana Administrative Code) before filing.

Judicial Review Venue: Under La. R.S. § 49:964(B), a petition for judicial review must be filed in the Nineteenth Judicial District Court (East Baton Rouge Parish) unless the agency's enabling statute specifies a different venue.

XII. VERIFICATION

I, [________________________________], hereby declare under the laws of the State of Louisiana that the facts stated in the foregoing Petition for Reconsideration are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________], Louisiana.

[________________________________]
Signature

[________________________________]
Printed Name

[________________________________]
Title (if on behalf of entity)

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Reconsideration/Rehearing and all exhibits upon the following parties by the method indicated:

Agency Head/Director:
Name/Title: [________________________________]
Address: [________________________________]
Method:
☐ Personal delivery
☐ First-class U.S. mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic service (if permitted): [________________________________]

Louisiana Division of Administrative Law (if applicable):
Address: 1885 N. Third Street, Baton Rouge, LA 70802
Method: [________________________________]

Agency Legal Counsel:
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

Other Parties:
Name: [________________________________]
Method: [________________________________]

[________________________________]
Signature

Date: [__/__/____]

XIV. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Attorney Name / Pro Se Petitioner Name]
[Law Firm, if applicable]
[________________________________]
[Address]
[________________________________]
[City, Louisiana, Zip]
Telephone: [____________________________]
Facsimile: [____________________________]
Email: [________________________________]
Louisiana Bar No.: [____________________] (if attorney)

Date: [__/__/____]

XV. NEXT STEPS IF PETITION IS DENIED

If Petition is Denied or the Agency Does Not Act:

1. Judicial Review — Louisiana District Court: Under La. R.S. § 49:964(B), a petition for judicial review of a final administrative adjudication must be filed within thirty (30) days after the agency decision is filed in the record or mailed to the petitioner. The petition is generally filed in the Nineteenth Judicial District Court (East Baton Rouge Parish) unless the enabling statute specifies a different venue.

2. Stay of Agency Action: A party may seek a stay of agency action pending judicial review from the district court.

3. Standard of Review: Under La. R.S. § 49:964(G), the court reviews whether the agency's decision was arbitrary, capricious, an abuse of discretion, or unsupported by a preponderance of the evidence; not supported by law; or contrary to constitutional or statutory provisions.

4. Further Appeals: Appeals from district court decisions proceed to the appropriate Louisiana Circuit Court of Appeal, and further review may be sought from the Louisiana Supreme Court.

Important: The thirty-day judicial review deadline is strictly enforced. A timely petition for reconsideration may toll this deadline — confirm the tolling effect under the specific agency's rules with qualified Louisiana counsel.

SOURCES AND REFERENCES

• Louisiana Administrative Procedure Act (La. R.S. § 49:950 et seq.): https://law.justia.com/codes/louisiana/revised-statutes/title-49/
• La. R.S. § 49:964 (Judicial Review): https://law.justia.com/codes/louisiana/2011/rs/title49/rs49-964
• Louisiana Division of Administrative Law: https://www.adminlaw.la.gov/
• Louisiana Administrative Code: https://doa.louisiana.gov/doa/osr/louisiana-administrative-code