Louisiana Administrative Code › Title 28 - EDUCATION › Part III - Proprietary Schools › Chapter 3 - Procedures › Subchapter A - General Procedural Rules › Section III-301 - Initiation of Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Proceedings. Proceedings for the adoption, amendment, or repeal of a rule may
				  be commenced by the board or commission upon its own initiative or pursuant to
				  reasonable grounds therefore. The commission however, shall initiate procedures
				  to adopt, amend or repeal a rule whenever the attorney general requests
				  same.
B. Process for Initiation.
				  Any interested person may petition the commission requesting the adoption,
				  amendment, or repeal of a rule. The petition shall be filed in the office of
				  the commission located at the Claiborne Building, the Louisiana Board of
				  Regents, Proprietary Schools Section, 1201 N. Third St., Suite 6-200, Baton
				  Rouge, LA 70802 or P.O. Box 3677, Baton Rouge, LA 70821, or such other address
				  in the event the commission relocates, at any time during normal office hours,
				  from 8 a.m. to 4:30 pm, except for legal holidays and the weekend. Within 90
				  days after submission of a petition, the commission shall either deny the
				  petition in writing stating reasons for the denial, or shall initiate
				  rule-making proceedings in accordance with these rules. Any person whose
				  petition is not deemed by the commission sufficient to warrant the holding of a
				  rule-making proceeding will be promptly notified of that determination and may
				  be given an opportunity to submit additional data.
C. Investigations and Conferences. In
				  connection with any rule-making proceedings, the commission at any time may
				  conduct such investigations, make such studies, and hold such conferences as it
				  may deem necessary.
D. Notice.
				  Prior to the adoption, amendment, or repeal of any rule, the commission shall
				  give notice of its intended action in accordance with
				  R.S.
				  49:953(A)(1). The notice
				  shall include a statement of either the terms or substance of the intended
				  action or a description of the subjects and issues involved, and the time when,
				  the place where, and the manner in which interested persons may present their
				  views thereon. The notice shall be mailed to all persons who have made a timely
				  request of the agency for advance notice of its rule-making proceedings and
				  shall be published at least once in the official state journal.
E. Opportunity to be Heard. Prior to the
				  adoption, amendment, or repeal of any rule, the commission shall afford all
				  interested persons reasonable opportunity to submit data, views, or arguments,
				  orally or in writing, in accordance with
				  R.S.
				  49:953(A)(2).
F. Emergency Rules. If the commission finds
				  that an imminent peril to the public health, safety, or welfare requires
				  adoption of a rule upon shorter notice than that provided above, it may proceed
				  to adopt emergency rules in accordance with
				  R.S.
				  49:953(B). The emergency
				  rule thus adopted may be effective for a period not to exceed 60 days, but the
				  adoption of an identical rule otherwise under these rules is not
				  precluded.
G. Filing, Publication
				  and Effective Date of Rule. The commission shall file with the Office of State
				  Register a certified copy of any rule or regulation adopted upon the completion
				  of a rule-making proceeding and publish the same in the official state journal
				  in accordance with
				  R.S.
				  49:954. Such rules or regulations shall
				  become effective pursuant to
				  R.S.
				  49:954(B).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:953,
					 R.S.
					 49:954.