Petition for Reconsideration (Administrative Agency) - Louisiana

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. § 49:977.1 (Rehearings) and Applicable Agency Rules

Petitioner, [________________________________], by and through undersigned counsel [or pro se], respectfully petitions the [________________________________] (the "Agency") for rehearing, reopening, and/or reconsideration of the Final Decision/Order issued on [__/__/____], pursuant to La. R.S. § 49:977.1, 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 La. R.S. § 49:977.1, which authorizes an agency to grant rehearing, reopening, or reconsideration of a decision or order in an adjudication case, and pursuant to the Agency's applicable rules.

Louisiana's Division of Administrative Law (DAL), established under La. R.S. § 49:991, provides administrative law judges (ALJs) to conduct hearings for many, but not all, state agencies. Under La. R.S. § 49:992(D)(5), state professional and occupational licensing boards are exempt from DAL and generally conduct their own hearings; other agencies (e.g., the Public Service Commission) are likewise statutorily exempt from DAL under § 992(D). Confirm whether the specific Agency uses DAL or conducts its own hearing before completing this Petition. Where DAL conducts the hearing, the ALJ's decision or order is typically the "final decision or order" for purposes of rehearing and judicial review, and the agency generally has no authority to override it (La. R.S. § 49:992(B)(2)).

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 rehearing, reopening, or reconsideration are found in:

1. La. R.S. § 49:977.1 — Rehearings; decisions or orders in adjudication cases are subject to rehearing, reopening, or reconsideration by the agency within ten days from the date of entry, on the statutory grounds set forth in Section VI below
2. La. R.S. § 49:978.1 — Judicial review of adjudication (governs the right to judicial review following denial or non-action on this Petition)
3. [Cite agency's enabling statute: ________________________________]
4. [Cite agency's administrative rules on reconsideration/rehearing: Louisiana Administrative Code, Title [____], § [____]]

B. Timeliness

☐ This Petition is timely. The Final Decision/Order was entered on [__/__/____]. Under La. R.S. § 49:977.1(A), a petition for rehearing, reopening, or reconsideration must be filed within ten (10) days from the date of entry of the decision or order, unless a different deadline is set by the Agency's own enabling statute or administrative rules (which control if inconsistent with the general APA deadline). This Petition is filed on [__/__/____].

Deadline Calculation:

• Date Final Decision/Order entered: [__/__/____]
• Applicable deadline: 10 days (La. R.S. § 49:977.1(A)), or [____] days if a different agency-specific deadline applies
• Filing deadline: [__/__/____]
• Date this Petition filed: [__/__/____]

Note: La. R.S. § 49:977.1(A) sets a general ten-day deadline (from date of entry of the decision or order) for rehearing, reopening, or reconsideration in adjudication cases. This general APA deadline applies unless the specific agency's enabling statute or administrative rules provide a different procedure or deadline (§ 49:977.1(B) expressly preserves agency-specific rehearing/reconsideration provisions). Confirm the deadline with the specific agency's rules before filing, and calculate the ten-day period under the applicable computation-of-time rule (calendar days unless the agency's rules specify business days).

C. DAL Reconsideration Procedure

For matters heard by the Louisiana Division of Administrative Law (DAL), requests for reconsideration, reopening, or rehearing must be received by DAL within ten (10) business days (excluding weekends and legal holidays) from the date the decision is transmitted, per La. Admin. Code tit. 1, Part III, § 723(A), which implements La. R.S. § 49:977.1. Note that many agencies are statutorily exempt from DAL — see La. R.S. § 49:992(D) (e.g., professional/occupational licensing boards, the Public Service Commission) — and file rehearing requests directly with the agency instead. Consult the current La. Admin. Code, Title 1, Part III for DAL procedures.

D. Effect on Judicial Review Deadline

Under La. R.S. § 49:978.1(B), a party seeking judicial review of a final administrative adjudication must file a petition in the district court of the parish in which the Agency is located, within thirty (30) days after transmittal of notice of the final decision by the Agency or, if a timely rehearing is requested, within thirty (30) days after the decision on rehearing. If an application for rehearing is timely filed under § 49:977.1, the thirty-day judicial review period does not begin to run until the final disposition of the rehearing application — consult Louisiana counsel to confirm the 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

Under La. R.S. § 49:977.1(A), an agency decision or order in an adjudication case is subject to rehearing, reopening, or reconsideration only on one of four statutory grounds: (1) the decision or order is clearly contrary to the law and the evidence; (2) newly discovered evidence important to the issues, which could not with due diligence have been obtained before or during the hearing; (3) issues not previously considered that ought to be examined to properly dispose of the matter; or (4) other good ground for further consideration of the issues and evidence in the public interest. Grounds 1 through 8 below are practical categories of argument that Petitioner should map to one or more of these four statutory grounds in the Petition (most commonly Ground (1), "clearly contrary to the law and the evidence," or Ground (4), the public-interest catch-all); an agency's own enabling statute or rules may also authorize additional or different grounds — check applicable agency-specific rules under La. R.S. § 49:977.1(B).

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 (La. R.S. § 49:977.1)

Under La. R.S. § 49:977.1(A), the Agency has authority to grant rehearing, reopening, or reconsideration of its final decision or order only where: (1) the decision or order is clearly contrary to the law and the evidence; (2) the party has discovered, since the hearing, evidence important to the issues that could not with due diligence have been obtained before or during the hearing; (3) issues not previously considered ought to be examined to properly dispose of the matter; or (4) there is other good ground for further consideration of the issues and the evidence in the public interest. The petition must set forth the grounds justifying the requested action, and any rehearing granted is confined to the grounds on which it was ordered. La. R.S. § 49:977.1(B) independently preserves rehearing, reopening, or reconsideration at any time on the ground of fraud practiced by the prevailing party or procurement of the order by perjured or fictitious evidence, and preserves any other statutory grounds applicable to the specific agency.

B. Louisiana Judicial Review Standards (La. R.S. § 49:978.1)

Under La. R.S. § 49:978.1(G), a court reviewing an administrative adjudication may affirm the decision or remand for further proceedings, and 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 and sustainable by a preponderance of the evidence, as determined by the reviewing court's own evaluation of the record (though due regard is given to the agency's credibility determinations based on first-hand observation of witnesses).

Under La. R.S. § 49:978.1(H) (enacted by Acts 2025, No. 139, eff. June 8, 2025), a court, administrative judge, or hearing officer presiding over a contested case, hearing, or appeal does not defer to the Agency's interpretation of a statute or rule and must interpret the statute or rule de novo. Petitioner should cite this de novo standard, where applicable, in support of any legal-error argument under Ground 1.

These judicial review standards inform, but are not identical to, the narrower statutory grounds for agency-level rehearing/reconsideration under § 49:977.1(A) — see subsection A above.

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, but not all, state agencies; 1885 N. Third Street, Baton Rouge, LA 70802
• Louisiana Department of Health — health facility and provider licensing, Medicaid (generally uses DAL, subject to federal-mandate exemptions under La. R.S. § 49:992(D)(2))
• Louisiana State Board of Medical Examiners — physician licensing and discipline (statutorily exempt from DAL as a professional/occupational licensing board, La. R.S. § 49:992(D)(5); conducts its own hearings)
• Louisiana State Board of Nursing — nursing licensing and discipline (statutorily exempt from DAL as a professional/occupational licensing board, La. R.S. § 49:992(D)(5); conducts its own hearings)
• Louisiana Department of Revenue — tax assessments and penalties
• Louisiana Workforce Commission — unemployment insurance (statutorily exempt from DAL, La. R.S. § 49:992(D)(4)) and workers' compensation (statutorily exempt from DAL, La. R.S. § 49:992(D)(3))
• Louisiana Department of Environmental Quality (LDEQ) — environmental permits and enforcement
• Louisiana Real Estate Commission — real estate licensee discipline (statutorily exempt from DAL as a professional/occupational licensing board, La. R.S. § 49:992(D)(5); conducts its own hearings)
• Louisiana Department of Insurance — insurance agent and company licensing
• Louisiana Department of Education — educator certification
• Louisiana Public Service Commission — utility and telecommunications regulation (statutorily exempt from DAL, La. R.S. § 49:992(D)(8); conducts its own hearings)

DAL vs. Agency-Specific Hearings: La. R.S. § 49:992(D) exempts certain agencies from DAL entirely, including all state professional and occupational licensing boards (§ 992(D)(5)), the Public Service Commission (§ 992(D)(8)), the Department of Agriculture and Forestry (§ 992(D)(6)), and the workers' compensation and unemployment insurance divisions of Louisiana Workforce (§ 992(D)(3)-(4)), among others. Confirm whether the specific Agency uses DAL or its own hearing process before relying on DAL-specific procedures in this Petition.

Reconsideration Deadline: La. R.S. § 49:977.1(A) sets a general ten-day deadline (from date of entry of the decision or order) for rehearing, reopening, or reconsideration in adjudication cases, subject to any different deadline or procedure set by the specific agency's enabling statute or rules (§ 49:977.1(B)). Where DAL conducted the hearing, La. Admin. Code tit. 1, Part III, § 723(A) requires the request to be received by DAL within ten business days of transmission of the decision. Always check the specific agency's administrative rules (Louisiana Administrative Code) before filing.

Judicial Review Venue: Under La. R.S. § 49:978.1(B), a petition for judicial review must be filed in the district court of the parish in which the Agency is located, within thirty days after transmittal of notice of the final decision (or, if rehearing is timely requested, within thirty days after the decision on rehearing). Many state agencies and boards are domiciled in East Baton Rouge Parish, in which case review lies in the Nineteenth Judicial District Court, but this is a consequence of the agency's domicile — not a universal APA venue rule. Confirm the Agency's domicile parish, and check whether the Agency's specific enabling statute designates a different venue (as some do, e.g., La. R.S. § 40:3097.5(A) for certain water-well matters).

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. § 49:978.1(B), a petition for judicial review of a final administrative adjudication must be filed in the district court of the parish in which the Agency is located, within thirty (30) days after transmittal of notice of the final decision by the Agency or, if a timely rehearing was requested under § 49:977.1, within thirty days after the decision on rehearing. Many state boards/agencies are domiciled in East Baton Rouge Parish (Nineteenth Judicial District Court), but confirm the Agency's actual domicile parish and whether its enabling statute specifies a different venue.

2. Stay of Agency Action: Under La. R.S. § 49:978.1(C), filing the judicial review petition does not itself stay enforcement of the agency decision; the Agency may grant, or the reviewing court may order, a stay ex parte upon appropriate terms (subject to Title 37 requirements for certain professions and occupations).

3. Standard of Review: Under La. R.S. § 49:978.1(G), the court reviews whether the agency's decision was arbitrary, capricious, an abuse of discretion, or unsupported by a preponderance of the evidence; made upon unlawful procedure; affected by other error of law; or contrary to constitutional or statutory provisions. Under § 49:978.1(H) (added June 2025), the court does not defer to the Agency's interpretation of a statute or rule and interprets it de novo.

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. (official, current text): https://www.legis.la.gov/Legis/Law.aspx?d=101270
• La. R.S. § 49:977.1 (Rehearings; redesignated from former § 49:959 by Acts 2022, No. 663): https://www.legis.la.gov/legis/Law.aspx?d=1297578
• La. R.S. § 49:978.1 (Judicial Review of Adjudication; redesignated from former § 49:964 by Acts 2022, No. 663; amended by Acts 2025, No. 139): https://www.legis.la.gov/legis/Law.aspx?d=1148681
• La. R.S. § 49:992 (Applicability; exemptions from Division of Administrative Law): https://www.legis.la.gov/legis/Law.aspx?d=103822
• La. Admin. Code tit. 1, Part III, § 723 (DAL Rehearing, Reopening, Reconsideration): https://www.adminlaw.la.gov/LAC%20Title%20I.Last%20Compiled%20November%202020.pdf
• Louisiana Division of Administrative Law: https://www.adminlaw.la.gov/
• Louisiana Administrative Code: https://doa.louisiana.gov/doa/osr/louisiana-administrative-code