Rule-Making Process at Louisiana Agencies
What is Rulemaking
Rulemaking is the process a state agency uses to make or change rules.
What is an Administrative Rule?
A rule is a requirement from a state agency that explains or enforces laws or policies. It can set procedures, fines, penalties, qualifications for licenses, or other requirements people must follow. State agencies make administrative rules based on power given to them by the Louisiana Legislature.
For example, the state legislature passed a law that gave the Louisiana Department of Health the responsibility for setting rules about how much families pay for EarlySteps program services.
What is an Emergency Rule?
An emergency rule is a temporary rule made quickly when needed. Agencies can skip normal rulemaking steps if there is an immediate risk to public health, safety, or welfare.
The Rule-Making Process
The rulemaking process can take a long time. Here is an example 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 21THRU 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)]. |
Before making, changing, or removing any rule, agencies must publish a Notice of Intent (NOI). A Notice of Intent is an announcement about the agency’s plans. Agencies must provide a copy of the proposed rule at least 90 days before taking action on it.
Agencies must list the name and contact information in the NOI for the person who can answer questions about the rule. Agencies must also hold a public hearing for the proposed rule. They must announce the date, time, location, and how people can share what they think about the 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:
A rule starts as soon as it is published in the Louisiana Register.
What is the Louisiana Register?
The Louisiana Register is a monthly publication. It includes all Notices of Intent, rules, emergency rules, and executive orders from the month before. It is published on the 20th of each month.
What is the Louisiana Administrative Code?
The Administrative Code (LAC) is a list of current rules and executive orders.
Why is this important?
Each year, state agencies make hundreds of new rules that affect people who live in Louisiana. Taking part in the rulemaking process lets people affected by the rules share their thoughts with the people who create them.
To subscribe to the Louisiana Register publication notification email list, send an email to [email protected] with “Subscribe” in the Subject Line. The listserv will use the contact information from your email for the subscription data base.
More info at the Louisiana Division of Administration Website