Rule-Making

Louisiana Style

Administrative Procedure Act

(APA)

This attempts to set standards under which agencies will act, standards related to fairness of publishing and enforcing rules, so there can be the same level of confidence in agency actions as there are in the federal courts.1

1University of Columbia Law School

Louisiana APA

The purpose of the APA was ‘to establish a basic, streamlined system to replace the hundreds of rules and regulations in some 189 state agencies, commissions, and boards.’1

11982 Louisiana Law ReviewQuote from the Chairman of the Interim Joint Legislative

Committee on Formulation of Administrative Rules of Procedure

Office of the State Register

The Office of the State Register is the official entity to receive, compute, index, and publish the Louisiana Register and Louisiana Administrative Code.

The Office of the State Register directs and supervises the continuous revision, clarification and coordination of the Louisiana Register and Louisiana Administrative Code.

L.R.S. 49:981

Louisiana Register

The Department of the State Register shall publish at least once each month a bulletin to be known as the Louisiana Register which shall set forth the text of all rules filed during the preceding month and such notices as shall have been submitted.

L.R.S. 49:954.1.

Louisiana Administrative Code

The Department of the State Register shall compile, index, and publish a publication to be known as the Louisiana Administrative Code, containing all effective rules adopted by each agency subject to the provisions of this Chapter, and all boards, commissions, agencies and departments of the executive branch, notwithstanding any other provision of law to the contrary.

L.R.S. 49:954.1.A.

Office of the State Register

Repository

The OSR is required to maintain: all rules filed by agencies after January 1,

1995,1

all Fiscal and Economic Impact Statements filed after September 12, 1980, and2

all certificates of correctness attached to one copy of each LAC title printed.3

1L.R.S. 49:9542L.R.S. 49:986

3 L.R.S. 49:987

Rules

Rules are designed to implement, interpret, or prescribe law or policy, or to describe the organization, procedure, or practice requirements of any agency.1

“Rule” means each agency statement, guide, or requirement for conduct or action, exclusive of those regulating only the internal management of the agency and those purporting to adopt, increase, or decrease any fees imposed on the affairs, actions, or persons regulated by the agency, which has general applicability and the effect of implementing or interpreting substantive law or policy, or which prescribes the procedure or practice requirements of the agency. 2

1 Act of July 26, 1935, 49 Stat.500,ch.417

2 L.R.S. 49:951A.(6)

Rule ContentStatement, guide, or requirement for conduct or action [refer to R.S. 49:951.A(6)]

Some Questions to ask before Rule-Writing:

1. What needs to be accomplished by this rule?

2. What are clear guidelines to accomplish this goal?

3. Are these guidelines regulatory in nature?

4. Are these guidelines consistent with the authority given to the agency?

5. Will these guidelines be effective in the future?

In the FieldWill your Rules be adaptable in the field?

Before writing your rules:

1. Determine types of people it will affect:

a. Who will have to enforce your rules?

b. Who will be affected by rules?

2. Include input from both of these parties to make your rule effective.

Taking time to write effectively will save time, energy and money in the future.

Rule-Writing Do not restate the enabling statute in the rule. Do not put timelines in the rule that conflict with

the enabling statute, i.e. “The statute says 40 days, and the rule says 30 days.”

Flesh out the statute. The rule should implement and fill in the details of the statue.

Avoid wording that is vague and can be misinterpreted.

Division of Administrative Law, Vivian Guillory

Grammar

Subject/Verb Agreements

Run-On Sentences Possessives Word Meanings Citations Who/Whom-Which/

That Spelling

1Sir Winston Churchill

“Short words are better than long ones and old words are best of all.”1

Definitions

Use to define terms that have specialized meanings by persons affected by your rules, or terms having a prescribed meaning other than the “dictionary definition.”

Example:Citizen--any person legally residing in Louisiana and who has been a resident for six months or longer immediately preceding the filing of an application for a concealed handgun permit.

Incorporation by Reference

State your intended action (to incorporate through reference).

Give the dated version of the public document you intend to incorporate into your rules.

List where the public can find the document (i.e.: website; mailing address; public libraries…).

Contents of a Notice of Intent

[R.S. 49:950.A.(1)(a)]…The notice shall include: (i) A statement of either the terms or substance of the intended action or a

description of the subjects and issues involved; (ii) A statement, approved by the legislative fiscal office, of the fiscal impact

of the intended action, if any; or a statement, approved by the legislative fiscal office, that no fiscal impact will result from such proposed action;

(iii) A statement, approved by the legislative fiscal office, of the economic impact of the intended action, if any; or a statement, approved by the legislative fiscal office, that no economic impact will result from such proposed action;

(iv) The name of the person within the agency who has the responsibility for responding to inquiries about the intended action;

(v) The time when, the place where, and the manner in which interested persons may present their views thereon; and

(vi) A statement that the intended action complies with the statutory law administered by the agency, including a citation of the enabling legislation.

(vii) A statement indicating whether the agency has prepared a preamble which explains the basis and rationale for the intended action, summarizes the information and data supporting the intended action, and provides information concerning how the preamble may be obtained.

(viii) A statement concerning the impact on family formation, stability, and autonomy as set forth in R.S. 49:972.

Notice of Intent Preamble

[Taken from R.S. 49:953]

(i) A statement of either the terms or substance of the intended action or a description of the subjects and issues involved;

(vi) A statement that the intended action complies with the statutory law administered by the agency, including a citation of the enabling legislation.

(vii) A statement indicating whether the agency has prepared a preamble which explains the basis and rationale for the intended action, summarizes the information and data supporting the intended action, and provides information concerning how the preamble may be obtained.

Action being taken

Compliance with Statutory Law

Basis and Rationale

Public Involvement in

Rule-MakingPrior to the adoption, amendment, or repeal of any rule, the agency shall afford all interested persons reasonable opportunity to submit data, views, comments, or arguments, orally or in writing. 1

All interested persons may petition an agency requesting the adoption, amendment, or repeal of a rule.2

L.R.S. 49:953.A(2)(a)L.R.S. 49:953.C

Administrative Law

Detailed Rules that define responsibilities and permissible actions in the agency’s areas of responsibility.1

An area of “public law”, its scope is restricted to those areas designated “public.”2

An attempt to regulate, ensuring that they (institutions) exercise their powers for the ends for which they were established and do so in a manner that does not unfairly impose burdens on others.3

1Humbolt State University Law2, 3 Haigh, Administrative Law-A New Direction?

Phone Numbers

A comprehensive training manual is available from the Office of the State Register. For more information call:

State Register (225) 342-5015Register Editor (225) 342-5016Code Editor (225) 342-5018