Louisiana Revised Statutes 49:965 – Filing; taking effect of rules
Terms Used In Louisiana Revised Statutes 49:965
- Agency: means each state board, commission, department, agency, officer, or other entity which makes rules, regulations, or policy, or formulates, or issues decisions or orders pursuant to, or as directed by, or in implementation of the constitution or laws of the United States or the constitution and statutes of Louisiana, except the legislature or any branch, committee, or officer thereof, any political subdivision, as defined in Louisiana Revised Statutes 49:951
- Rule: 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. See Louisiana Revised Statutes 49:951
- Rulemaking: means the process employed by an agency for the formulation of a rule. See Louisiana Revised Statutes 49:951
- Statute: A law passed by a legislature.
A. No rule adopted is valid unless adopted in substantial compliance with this Chapter. Each rulemaking agency shall file a certified copy of its rules with the office of the state register. No rule shall be effective, nor may it be enforced, unless it has been properly filed with the office of the state register. No rule adopted shall be effective, nor may it be enforced, unless prior to its adoption a report relative to the proposed rule change is submitted to the appropriate standing committee of the legislature or to the presiding officers of the respective houses as provided in La. Rev. Stat. 49:966. No rule shall be effective, nor may it be enforced, unless the approved economic and fiscal impact statements, as provided in La. Rev. Stat. 49:961, have been filed with the office of the state register and published in the Louisiana Register. The inadvertent failure to mail notice and statements to persons making request for such mail notice, as provided in La. Rev. Stat. 49:961, shall not invalidate any rule adopted hereunder. A proceeding under La. Rev. Stat. 49:968 to contest any rule on the grounds of noncompliance with the procedures for adoption, as given in this Chapter, must be commenced within two years from the date upon which the rule became effective.
B.(1) Each rule hereafter adopted shall be effective upon its publication in the Louisiana Register, said publication to be subsequent to the act of adoption, except that if a later date is required by statute or specified in the rule, the later day is the effective date.
(2) An emergency rule shall be considered effective pursuant to the provisions of La. Rev. Stat. 49:962.
Acts 1966, No. 382, §4, eff. July 1, 1967. Amended by Acts 1968, No. 474, §1; Acts 1974, No. 284, §1, eff. Jan. 1, 1975; Acts 1975, No. 730, §1; Acts 1978, No. 252, §1; Acts 1980, No. 392, §1; Acts 1990, No. 248, §1; Acts 1990, No. 1085, §1, eff. July 31, 1990; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2014, No. 791, §18; Acts 2021, No. 211, §11; Acts 2022, No. 663, §1; Redesignated from La. Rev. Stat. 49:954.
NOTE: Former La. Rev. Stat. 49:965 redesignated as La. Rev. Stat. 49:979 by Acts 2022, No. 663, §1.