The Rule-Making Process

What is Rulemaking?

Rulemaking means the process employed by a state agency to create a rule.

What is a (Administrative) Rule?

A rule is an agency statement or requirement for conduct or action . . . which has the effect of implementing or interpreting substantive law or policy, or which sets the procedure of the agency. This includes, but is not limited to, any provision for fines, prices or penalties, the attainment or loss of preferential status, and the criteria or qualifications for licensure or certification by an agency…

Administrative rules are created by agencies within the executive branch of state government (e.g. Louisiana Department of Health, Louisiana Workforce Commission, etc.) under authority granted by the Louisiana Legislature.

For example, Act 417 of the 2013 Legislative Session authorizes the Louisiana Department of Health (LDH) to institute cost participation in the EarlySteps program; and instructs the LDH to promulgate (make public and put in force) rules to establish a schedule of monthly cost participation.

What is an Emergency Rule?

An emergency rule is a temporary, emergency adoption of a rule. If an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule upon shorter notice and within five days of adoption states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule.  An emergency rule may also be used to avoid sanctions or penalties from the United States, or to avoid a budget deficit in the case of medical assistance programs or to secure new or enhanced federal funding in medical assistance programs.

The Rulemaking Process

The rulemaking process can be very lengthy. Below is a sample timetable of the rulemaking process.

DECEMBER 20	NOTICE OF INTENT PUBLISHED IN LOUISIANA REGISTER–Publication date is the twentieth of each month [§954(1)(B)].
DECEMBER 21 THRU JANUARY 10	PERIOD FOR REQUESTING PUBLIC HEARING–Within 20 days after Notice of Intent is published [§953(A)(2)(a)].
JANUARY 25 THRU JANUARY 30	PUBLIC HEARING–35-40 days after Notice of Intent is published [§953.A(2)(b)(i)].
VARIABLE DATE	SECOND REPORT TO OVERSIGHT COMMITTEES–[§968(D)(1-5)] See Footnote 1.
VARIABLE DATE	POSSIBLE LEGISLATIVE OVERSIGHT COMMITTEE HEARING–[§968(D)(2)(a)] See Footnote 2, Footnote 3.
VARIABLE DATE	IF AGENCY RECEIVES UNFAVORABLE OVERSIGHT REVIEW, COMMITTEE SENDS NEGATIVE REPORT TO GOVERNOR–No later than four days after committee makes its determination. Agency and State Register also receive a copy of the committee report [§968(F)(2)].
MARCH 10	IF AGENCY RECEIVES FAVORABLE OVERSIGHT REVIEW, AGENCY SUBMITS FINAL RULE TO STATE REGISTER BY 12 NOON–This date reflects the minimum time frame in which a proposed rule can receive oversight approval and be submitted for publication as a final Rule [§968(H)(1)].
VARIABLE DATE	GOVERNOR APPROVES OR DISAPPROVES OVERSIGHT’S NEGATIVE REPORT–Governor has 10 days to agree or disagree with oversight’s report [§968(G)].
MARCH 20	FINAL RULE PUBLISHED IN LOUISIANA REGISTER–No earlier than 90 days and no later than one year after Notice of Intent was published in Louisiana Register [§968(H)(1)].

Prior to the adoption, amendment, or repeal of any rule, the agency must publish a Notice of Intent (NOI) giving notice of its intended action and a copy of the proposed rule at least ninety days prior to taking action on the rule.

Within a Notice of Intent, the agency is required to list the name and contact information for the person responsible for inquiries regarding the rule.

Agencies are also required to hold a public hearing for the proposed rule and publish the date, time, location and manner in which interested persons can present their views about the proposed rule.

An example of a Notice of Intent is as follows:

 

This Notice of Intent was published in June 2013. An example of a Rule is as follows:

 

The Rule was published in the Louisiana Register in September 2013. A rule is effective upon its publication in the Louisiana Register.

 

What is the Louisiana Register?

A monthly bulletin which contains all notices of intent, rules, emergency rules, and executive orders filed from the preceding month. The Louisiana Register is published on the 20th of each month.

 

What is the Louisiana Administrative Code (LAC)?

The LAC is a compilation of the rules and executive orders that are currently in effect.

 

Why is this important?

Each year, state agencies create hundreds of new rules that substantially affect the lives of Louisiana citizens. Public participation in the rulemaking process provides an opportunity for those directly affected to make their views known to those in charge of publicizing and enforcing the rule.

Click here to receive notification of notices of intent and proposed rules.
Click here to receive notification of notices of emergency rules.
Click here to receive notification of updates to the Louisiana Administrative Code (LAC).