Presentation on theme: "Welcome to Office of the State Register Agency Training www.doa.louisiana.us/osr/osr.htm This tutorial is designed to acquaint you with the publications."— Presentation transcript:
Welcome to Office of the State Register Agency Training This tutorial is designed to acquaint you with the publications and policies of the Office of the State Register. For more information visit our website.
Louisiana Administrative Code (LAC) The LAC is the compilation of administrative rules promulgated by state agencies and boards in the Louisiana Register. It is divided into Titles that are organized by subject matter and numbered accordingly.
Louisiana Register (LR) The LR is the monthly publication through which all material to be printed in the LAC must be promulgated. The LR also publishes documents for public viewing that will not become a part of the LAC, such as Executive Orders and Public Notices that are placed in the Potpourri Section.
LR Documents l There are three types of documents published in the LR that relate to LAC rulemaking. Emergency Rule Notice of Intent Rule l An Emergency Rule is a temporary, emergency adoption of a Rule. [See R.S. 49:953(B)1.] l A Notice of Intent (sometimes referred to as a proposed rule) is a public announcement of upcoming permanent rulemaking. l A Rule is an agency regulation that has gone through the rulemaking process.
Rulemaking Overview Before rules are published in a Louisiana Administrative Code book, they must be promulgated (made public and put into force) via the Louisiana Register according to guidelines set forth in the Administrative Procedure Act (R.S. 49:950 et seq.). Rules are promulgated when they are published in the Louisiana Register.
Rulemaking Actions The first time a Rule is promulgated, it is adopted. A Rule is amended when it is promulgated with changes. A deleted Rule is referred to as repealed. Repromulgated applies when a Rule has been reprinted with no changes.
Rulemaking Process The rulemaking process begins with the publication of a Notice of Intent. A Notice of Intent contains: an opening paragraph giving the authority for rulemaking and the action being taken; the actual rule text in codified format; authority and historical notes; family impact statement; paragraph providing the public with an avenue for submitting comments; and fiscal and economic impact statement.
OSR Codification Part I Subpart 1 (optional) Chapter 1 Subchapter A (optional) §101.Section A. Subsection A. Subsection 1. Paragraph 1. Paragraph a. Subparagraph a. Subparagraph i. Clause i. Clause (a). Subclause (a). Subclause (i). Division (i). Division
Codification Numbering Scheme Important Note: Odd numbers are generally assigned to Parts, Subparts, Chapters, Subchapters, and Sections to allow room for the insertion of new related material.
Titles Titles are assigned by the Office of the State Register and are labeled with Arabic numerals: Title 1 RULES ON RULES
Parts v Titles are divided into Parts, which are labeled with uppercase Roman numerals. Parts may be divided into Subparts, if necessary. v Subparts are coded with Arabic numerals. Parts and/or Subparts are divided into Chapters. Part I. Rules on Rules Subpart. 3. Codification
Chapters Chapters are also represented by Arabic numerals: Chapter 1. Preliminary Provisions
Sections Sections are labeled with a section symbol and correspond to the chapter number. For example, the first section of Chapter 1 would be: §101. Official Legal Codification
Authority Notes Each Section ends with an Authority Note and a Historical Note. The Authority Note indicates the statute(s) which authorizes an agency to adopt or amend a regulation. AUTHORITY NOTE:Promulgated in accordance with R.S. 49:954.1.
Historical Notes The Historical Note shows the history of a section by listing, in chronological order, each time the section was promulgated or amended in the Louisiana Register and by whom. HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of the State Register, LR 10:905 (November 1984).
LR Citation l The LR (Louisiana Register) Citation in a Historical Note is an abbreviated listing of where the previous changes to the same section can be found. Example: LR 10:905 (November 1984). LR - Louisiana Register 10: - volume number,corresponds to the year 1984, 1998 is number 24 the page number in that particular volume on which that Section begins (November 1984) - month and year of Louisiana Register issue where the section can be found
Amending a Rule When promulgating a rule amendment, it is not necessary to publish the rule in its entirety, just the portion being amended. The reference “A. - A.2. …” indicates text not being published, but still in force. Title 33 ENVIRONMENTAL QUALITY Part III. Air Chapter 59. Chemical Accident Prevention Program §5911. Registration for Major Stationary Sources A. - A.2. … 3. For each regulated substance, the eight-digit RPG code(s) that apply to the use of the substance at the major stationary source.
Preserving Text Another way to indicate text which remains as previously published, is to use three asterisks as in the following example: § 713. Definitions * * * Unitized Sand—the sand covered by the special order. * * *
Repealing " An agency may also repeal or delete a Rule or a portion of a Rule. " A repealed Section would appear in the Louisiana Register as follows: Part XI. Video Poker Chapter 24. Video Draw Poker §2423. Hearings and Sanction Procedures Repealed.
Phone Numbers A comprehensive training manual is available from the Office of the State Register. For more information call: State Register (225) Register Editor (225) Code Editor (225)