Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part V - Preventive Health Services › Subpart 1 - General Provisions › Chapter 1 - General Provisions › Section V-103 - Declaratory Orders and Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The Office of Preventive and Public Health Services (OPPHS) shall entertain
				  petitions for declaratory orders and rulings as to the applicability of any
				  statutory provision, the enforcement of which is under the jurisdiction of this
				  agency, or any rule or order of this agency, as required by
				  R.S.
				  49:962.
B. The jurisdiction of OPPHS is defined by
				  R.S.
				  36:258,
				  R.S.
				  40:4, and
				  R.S.
				  40:5.
C. Any person desiring a declaratory ruling
				  or order of the kind set forth above shall forward his or her petition to the
				  assistant secretary, Office of Preventive and Public Health Services, Box
				  60630, New Orleans, La. 70160.
D.
				  The petition shall be legibly typed on white paper and shall be worded in a
				  clear and concise manner. The petition shall set forth with specificity and
				  particularity the factual situation giving rise to the inquiry and the statutes
				  or rules of which interpretation is sought. The petition shall be signed by the
				  petitioner or by an attorney at law acting on his or her behalf. The petition
				  shall include the mailing address of the petitioner as well as that of his or
				  her attorney, if any.
E. Upon
				  receipt of a petition which is not in proper form, the assistant secretary
				  shall promptly return the petition to the petitioner, who may resubmit it in
				  proper form.
F. Upon receipt of a
				  petition that is in proper form, the assistant secretary shall forward same to
				  the OPPHS program administrator most closely connected with the subject matter
				  of the request. The administrator shall prepare and sign a declaratory ruling
				  or order and submit same to the assistant secretary. The assistant secretary
				  shall promptly approve or disapprove the declaratory ruling or order. If
				  approved, he or she shall immediately forward it to the secretary and state
				  health officer for his, her or their approval and signing as provided in
				  R.S.
				  40:2. If disapproved, it shall be returned to
				  the program administrator for reconsideration.
G. When approved by the secretary and state
				  health officer, the declaratory ruling or order shall be returned to the
				  assistant secretary who shall cause it to be sent to the petitioner by
				  certified mail, return receipt requested, and by regular mail. In no event
				  shall more than 90 days elapse between the time a petition in proper form is
				  received by the assistant secretary and the time the declaratory ruling or
				  order is mailed to the petitioner.
H. If the petitioner is dissatisfied with the
				  declaratory ruling or order, he or she may petition for reconsideration. A
				  reconsideration may be granted if, in the assistant secretary's opinion, there
				  is good cause. If the petitioner is still dissatisfied following
				  reconsideration or following a denial of reconsideration, he or she may seek
				  judicial review as provided in R.S. 49:962-964.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 36:258, R.S. 40:2-5, and R.S.
					 49:962-964.