Regulatory Comment Letter

REGULATORY COMMENT LETTER — LOUISIANA

Overview of Louisiana Regulatory Comment Framework

Louisiana's administrative regulatory framework is governed by the Louisiana Administrative Procedure Act (LAPA), codified at La. R.S. 49:950 et seq. Louisiana requires agencies to provide at least 90 days' notice before taking action on a proposed rule, with the Notice of Intent published in the Louisiana Register, the official publication of the Office of the State Register. Louisiana's system also features legislative oversight through the standing committees of the Legislature and the David R. Poynter Legislative Research Library.

Importantly, under La. R.S. 49:964(A)(2), any interested person may comment on any rule of an agency which the person believes is contrary to law, outdated, unnecessary, overly complex, or burdensome, making Louisiana's comment framework broader than in many other states.

This template covers regulatory comments beyond formal notice-and-comment rulemaking, including comments on existing regulations, requests for regulatory interpretation, guidance document comments, enforcement policy comments, waiver and variance requests, petitions for declaratory orders, and no-action letter requests.

Key Louisiana Regulatory Agencies Accepting Comments

• Louisiana Department of Environmental Quality (LDEQ) — Environmental regulations (LAC 33)
• Louisiana Department of Insurance (LDI) — Insurance regulations (LAC 37)
• Louisiana Public Service Commission (PSC) — Utility regulation
• Louisiana Department of Revenue (LDR) — Tax regulations (LAC 61)
• Louisiana Department of Health (LDH) — Health regulations (LAC 48, LAC 50)
• Louisiana Department of Natural Resources (LDNR) — Natural resources (LAC 43)
• Louisiana Workforce Commission (LWC) — Labor and employment regulations (LAC 40)
• Louisiana Department of Agriculture and Forestry (LDAF) — Agricultural regulations (LAC 7)
• Louisiana Department of Wildlife and Fisheries (LDWF) — Wildlife regulations (LAC 76)
• Louisiana Office of Financial Institutions (OFI) — Banking regulations (LAC 10)
• Louisiana Board of Ethics — Ethics regulations (LAC 52)
• Louisiana State Fire Marshal — Fire safety regulations (LAC 55)

Types of Regulatory Comments Covered

☐ Comment on proposed rule / Notice of Intent (La. R.S. 49:953)
☐ Comment on existing rule under La. R.S. 49:964(A)(2)
☐ Guidance document comment
☐ Enforcement policy comment
☐ Waiver or variance request
☐ Petition for declaratory order (La. R.S. 49:962)
☐ Request for declaratory judgment on rule validity (La. R.S. 49:963)
☐ Petition for adoption, amendment, or repeal of rule
☐ No-action letter request
☐ Request for regulatory interpretation or advisory opinion
☐ Comment on emergency rule (La. R.S. 49:953(B))

FORMAL REGULATORY COMMENT LETTER

Letterhead Block

[________________________________]
[LAW FIRM / ORGANIZATION NAME]
[________________________________]
[Street Address]
[________________________________]
[City, State ZIP Code]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

Date: [__/__/____]

VIA: ☐ Electronic Submission ☐ U.S. Mail ☐ Hand Delivery ☐ Louisiana Register Online Portal

[________________________________]
[Name of Agency Contact / Rules Coordinator]
[________________________________]
[Agency / Department Name]
[________________________________]
[Division / Office, if applicable]
[________________________________]
[Agency Street Address]
[________________________________]
[Baton Rouge / Other City], Louisiana [____]

RE: Line

Re: ☐ Comment on Proposed Rule (Notice of Intent) / ☐ Comment on Existing Rule / ☐ Request for Interpretation / ☐ Waiver Request / ☐ Petition for Declaratory Order / ☐ Other

Louisiana Administrative Code (LAC) Citation: LAC [____]:[____].[____].[____]
Louisiana Register Citation: Vol. [____], No. [____], dated [__/__/____], page [____]
Docket/Reference Number: [________________________________]
Subject Matter: [________________________________]
Comment Period Deadline: [__/__/____]

I. INTRODUCTION AND IDENTIFICATION OF COMMENTER

Dear [________________________________]:

On behalf of [________________________________] ("Commenter"), this letter is submitted to [________________________________] ("Agency") regarding [________________________________].

Commenter Identification:

Interest and Standing:

The Commenter has a direct and substantial interest in this matter because:

☐ The Commenter is directly regulated by the Agency under LAC [____]
☐ The Commenter is a Louisiana business affected by the regulation
☐ The Commenter represents [____] members/constituents subject to the regulation
☐ The Commenter is a political subdivision affected by the regulation
☐ The Commenter has relevant expertise
☐ The Commenter is an "interested person" under La. R.S. 49:964(A)(2) commenting on an existing rule
☐ Other: [________________________________]

[________________________________]
[Describe the specific nature of the Commenter's interest.]

II. BACKGROUND AND FACTUAL CONTEXT

A. Regulatory Provision at Issue

The regulatory provision(s) at issue are:

1. LAC [____]:[____].[____].[____]: [________________________________]
2. LAC [____]:[____].[____].[____]: [________________________________]
3. Enabling Statute: La. R.S. [________________________________]

B. Louisiana Rulemaking Context

☐ This comment relates to a proposed rule published as a Notice of Intent in the Louisiana Register
☐ This comment relates to an emergency rule under La. R.S. 49:953(B)
☐ This comment addresses an existing rule under La. R.S. 49:964(A)(2) as contrary to law, outdated, unnecessary, overly complex, or burdensome
☐ This comment relates to agency guidance or policy documents
☐ This comment relates to a declaratory order request under La. R.S. 49:962

Note on Louisiana's 90-Day Notice Requirement: Under La. R.S. 49:953(A)(1), agencies must provide at least 90 days' notice before taking action on a proposed rule, with the Notice of Intent published in the Louisiana Register. This is significantly longer than most states' notice requirements. The agency must give interested persons a reasonable opportunity to submit data, views, comments, or arguments, orally or in writing.

Note on Commenting on Existing Rules: Under La. R.S. 49:964(A)(2), any interested person may comment on any rule of an agency which the person believes is contrary to law, outdated, unnecessary, overly complex, or burdensome. This statutory provision allows comments to be directed at rules already in effect, not just proposed rules.

C. Factual Background

[________________________________]
[Provide a detailed factual narrative describing the circumstances giving rise to this comment. Include relevant dates, transactions, business operations, compliance history, and any prior agency communications.]

D. Compliance Context

☐ The Commenter is currently in compliance and seeks clarification
☐ The Commenter has identified an ambiguity requiring interpretation
☐ The Commenter cannot comply as currently written and seeks a waiver or variance
☐ The Commenter believes the rule exceeds statutory authority
☐ The Commenter believes the rule is contrary to law (La. R.S. 49:964(A)(2))
☐ The Commenter believes the rule is outdated (La. R.S. 49:964(A)(2))
☐ The Commenter believes the rule is unnecessary (La. R.S. 49:964(A)(2))
☐ The Commenter believes the rule is overly complex (La. R.S. 49:964(A)(2))
☐ The Commenter believes the rule is unduly burdensome (La. R.S. 49:964(A)(2))
☐ The Commenter believes the rule conflicts with Louisiana or federal law
☐ Other: [________________________________]

E. Legislative Oversight Context

Under La. R.S. 49:968, agencies must submit certain reports to the standing committees of the Legislature:

☐ The Commenter has separately communicated with the relevant legislative committee
☐ The Legislature has previously acted on this regulation
☐ The Commenter requests that the appropriate legislative committee review this comment
☐ Not applicable

F. Prior Communications with Agency

☐ No prior communications regarding this matter
☐ Prior informal inquiry on [__/__/____] — Response received: ☐ Yes ☐ No
☐ Prior formal petition on [__/__/____] — Disposition: [________________________________]
☐ Prior enforcement action — Docket No. [________________________________]
☐ Prior request for Agency to pass upon rule validity under La. R.S. 49:963
☐ Other: [________________________________]

III. LEGAL ANALYSIS

A. Statutory Authority

The Agency's authority to adopt and administer the rule at issue derives from La. R.S. [________________________________]. Under La. R.S. 49:964(C), a court shall declare a rule invalid if it finds that the rule violates constitutional provisions, exceeds statutory authority, was not adopted in compliance with prescribed procedure, or is arbitrary, capricious, or manifestly unreasonable.

[________________________________]
[Analyze whether the regulation is within the Agency's statutory authority. Cite relevant provisions of the enabling statute.]

B. Regulatory Text Analysis

[________________________________]
[Provide a close textual analysis of the LAC provision at issue. Identify ambiguities, undefined terms, or provisions susceptible to more than one reasonable interpretation. Reference the LAC citation format (Title:Part.Chapter.Section).]

C. Compliance with Louisiana Administrative Procedure Act

Under the LAPA, agencies must comply with procedural requirements including:

☐ Notice of Intent published in Louisiana Register (La. R.S. 49:953(A)(1))
☐ 90-day advance notice before action (La. R.S. 49:953(A)(1))
☐ Opportunity for oral and written comment (La. R.S. 49:953(A))
☐ Fiscal and economic impact statement (La. R.S. 49:953(A)(1)(a))
☐ Small business impact analysis
☐ Environmental impact consideration
☐ Report to standing legislative committee (La. R.S. 49:968)
☐ Publication of adopted rule in Louisiana Register
☐ Proper emergency justification (if emergency rule) (La. R.S. 49:953(B))

[________________________________]
[Analyze compliance with LAPA procedural requirements as applicable.]

D. Fiscal and Economic Impact Analysis

Under La. R.S. 49:953(A)(1)(a), agencies must prepare a fiscal and economic impact statement:

[________________________________]
[Provide detailed analysis comparing the Agency's fiscal and economic impact statement with the Commenter's own assessment.]

E. Alternative Approaches

[________________________________]
[Propose alternative regulatory approaches that achieve the Agency's statutory objectives while reducing burden on regulated entities.]

IV. SPECIFIC REQUEST

Based on the foregoing analysis, the Commenter respectfully requests that the Agency:

☐ Adopt the Commenter's proposed interpretation of LAC [____]:[____].[____].[____]

☐ Issue a declaratory order pursuant to La. R.S. 49:962 regarding the applicability of [________________________________] to the Commenter's circumstances

☐ Grant a waiver or variance from LAC [____]:[____].[____].[____] based on the following grounds:

• ☐ Compliance would impose undue hardship
• ☐ The waiver would not jeopardize public health, safety, or welfare
• ☐ Alternative means of achieving the regulatory objective are available

☐ Initiate rulemaking to adopt, amend, or repeal LAC [____]:[____].[____].[____]

☐ Withdraw or modify the proposed rule to address the concerns identified herein

☐ Repeal or amend the existing rule under La. R.S. 49:964(A)(2) because it is:

• ☐ Contrary to law
• ☐ Outdated
• ☐ Unnecessary
• ☐ Overly complex
• ☐ Unduly burdensome

☐ Issue guidance clarifying the Agency's interpretation and enforcement approach

☐ Modify enforcement policy regarding [________________________________]

☐ Other: [________________________________]

Proposed Language (if applicable):

Current text of LAC [____]:[____].[____].[____]:

[________________________________]

Proposed revised text:

[________________________________]

V. SUPPORTING DOCUMENTATION

The following documents are submitted in support of this comment:

☐ Exhibit A: [________________________________]
☐ Exhibit B: [________________________________]
☐ Exhibit C: [________________________________]
☐ Exhibit D: [________________________________]
☐ Exhibit E: [________________________________]

VI. REQUEST FOR HEARING / ORAL PRESENTATION

☐ The Commenter requests an opportunity for oral presentation pursuant to La. R.S. 49:953(A)

☐ The Commenter requests a public hearing if one has not yet been scheduled

☐ The Commenter does not request oral presentation at this time but reserves the right to do so

VII. CERTIFICATION AND SIGNATURE

I hereby certify that the statements and representations contained in this letter are true and accurate to the best of my knowledge and belief, and that this comment is submitted in good faith.

Respectfully submitted,

___________________________________________
[________________________________]
[Name — Printed]

[________________________________]
[Title / Position]

[________________________________]
[Organization / Firm]

[________________________________]
[Louisiana Bar Roll No., if applicable]

Date: [__/__/____]

COMMENT PREPARATION CHECKLIST

Before Drafting

☐ Identified the specific LAC provision at issue
☐ Obtained complete text of the rule from Louisiana Administrative Code
☐ Reviewed enabling statute in Louisiana Revised Statutes
☐ Reviewed Louisiana Register Notice of Intent (if proposed rule)
☐ Checked comment period deadline (remember 90-day notice period)
☐ Reviewed Agency's fiscal and economic impact statement
☐ Determined whether this is a comment on a proposed rule or existing rule
☐ If commenting on existing rule under La. R.S. 49:964(A)(2), identified specific grounds
☐ Identified any prior declaratory orders on the topic
☐ Verified submission requirements (format, address, electronic submission)

During Drafting

☐ Clearly identified the Commenter and stated the nature of the interest
☐ Cited specific LAC provisions using correct format (Title:Part.Chapter.Section)
☐ Cited enabling statute provisions in La. R.S.
☐ Provided factual context with specificity
☐ Included economic impact data with supporting documentation
☐ Compared Commenter's impact analysis with Agency's fiscal impact statement
☐ Proposed specific alternative language or approaches
☐ Addressed small business impact
☐ If challenging existing rule, specified statutory ground under La. R.S. 49:964(A)(2)

Before Submission

☐ Reviewed for accuracy of all legal citations
☐ Confirmed comment is timely filed (before deadline)
☐ Attached all supporting exhibits referenced in letter
☐ Retained copy of comment and proof of submission
☐ Confirmed correct submission address and method
☐ Considered whether to request oral presentation (La. R.S. 49:953(A))
☐ Considered whether to submit copy to relevant legislative committee

TEMPLATE: PETITION FOR DECLARATORY ORDER (La. R.S. 49:962)

To: [________________________________], General Counsel / Rules Coordinator
Agency: [________________________________]
Date: [__/__/____]

PETITION FOR DECLARATORY ORDER

Pursuant to La. R.S. 49:962, the undersigned petitions the Agency for a declaratory order or ruling as to the applicability of:

Rule/Statute at Issue:
☐ Statute: La. R.S. [________________________________]
☐ Rule: LAC [____]:[____].[____].[____]
☐ Order: [________________________________]

Statement of Facts:
[________________________________]

Question Presented:
[________________________________]

Petitioner's Position:
[________________________________]

Note: Under La. R.S. 49:962, declaratory orders and rulings have the same status as agency decisions or orders in adjudicated cases. Declaratory orders are subject to judicial review under La. R.S. 49:964.

TEMPLATE: COMMENT ON EXISTING RULE (La. R.S. 49:964(A)(2))

To: [________________________________]
Agency: [________________________________]
Date: [__/__/____]

COMMENT ON EXISTING RULE — REQUEST FOR AMENDMENT OR REPEAL

Pursuant to La. R.S. 49:964(A)(2), the undersigned submits this comment on the following existing agency rule:

Rule at Issue: LAC [____]:[____].[____].[____]

This rule is:
☐ Contrary to law because: [________________________________]
☐ Outdated because: [________________________________]
☐ Unnecessary because: [________________________________]
☐ Overly complex because: [________________________________]
☐ Unduly burdensome because: [________________________________]

Requested Action:
☐ Repeal the rule
☐ Amend the rule as proposed below
☐ Initiate rulemaking to address the identified issues

Proposed Amendment (if applicable):
[________________________________]

TEMPLATE: WAIVER / VARIANCE REQUEST

To: [________________________________]
Agency: [________________________________]
Date: [__/__/____]

REQUEST FOR WAIVER OF LOUISIANA ADMINISTRATIVE CODE PROVISION

The undersigned requests a waiver of the following LAC provision:

Rule: LAC [____]:[____].[____].[____]

Grounds for Waiver:
☐ Strict compliance would impose an undue financial burden
☐ The waiver would not compromise health, safety, welfare, or environmental objectives
☐ Alternative compliance measures are proposed
☐ Unique circumstances justify the waiver
☐ The rule as applied is overly burdensome under the specific circumstances

[________________________________]
[Detailed explanation of grounds]

Duration of Waiver Requested:
[________________________________]

Alternative Compliance Measures:
[________________________________]

AGENCY RESPONSE OBLIGATIONS AND TIMELINES

SOURCES AND REFERENCES

• Louisiana Administrative Procedure Act (La. R.S. 49:950 et seq.): https://www.legis.la.gov/legis/Law.aspx?d=103786
• Louisiana Administrative Code: https://www.doa.la.gov/doa/osr/louisiana-administrative-code/
• Louisiana Register (Office of the State Register): https://www.doa.la.gov/doa/osr/louisiana-register/
• LDEQ Rulemaking Process: https://deq.louisiana.gov/page/rules-regulations
• LDI Declaratory Orders: https://www.ldi.la.gov/industry/laws-and-bulletins/declaratory-orders

This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in Louisiana before use. Legal requirements and agency procedures may change; verify all citations and procedures before submission.