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
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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
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 Review
Quote from the Chairman of the Interim Joint Legislative
Committee on Formulation of Administrative Rules of Procedure
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.
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.
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.
The OSR is required to maintain:
3 L.R.S. 49:987
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)
Statement, guide, or requirement for conduct or action[refer to R.S. 49:951.A(6)]Rule Content
Will your Rules be adaptable in the field?
Division of Administrative Law, Vivian Guillory
“Short words are better than long ones and old words are best of all.”1
1Sir Winston Churchill
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.
(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 RationaleNotice of Intent Preamble
Prior 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 interest persons may petition an agency requesting the adoption, amendment, or repeal of a rule.2
1Humbolt State University Law
2, 3 Haigh, Administrative Law-A New Direction?
A comprehensive training manual is available from the Office of the State Register. For more information call: