§8. Fiscal oversight and program evaluation
A. In discharging the responsibilities of accounting and budget control and
management and program analysis, the undersecretary shall have the following powers:
(1)To direct, conduct, and supervise evaluations and analyses of programs and
operations of the department and its agencies and offices.
(2)To review department operations, procedures, rules, and regulations for
efficiency, economical management, and conservation of resources and to specify
uneconomical practices.
(3)To review and evaluate department programs to determine:
(a)whether the
program is meeting goals and objectives established by the legislature, or in lieu thereof by
the department;
(b)whether the program is conducted as effectively and efficiently as
possible in terms o
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§8. Fiscal oversight and program evaluation
A. In discharging the responsibilities of accounting and budget control and
management and program analysis, the undersecretary shall have the following powers:
(1) To direct, conduct, and supervise evaluations and analyses of programs and
operations of the department and its agencies and offices.
(2) To review department operations, procedures, rules, and regulations for
efficiency, economical management, and conservation of resources and to specify
uneconomical practices.
(3) To review and evaluate department programs to determine: (a) whether the
program is meeting goals and objectives established by the legislature, or in lieu thereof by
the department; (b) whether the program is conducted as effectively and efficiently as
possible in terms of services rendered, benefits achieved, and purposes accomplished and in
terms of economic costs; (c) whether the program should be modified or eliminated; and (d)
what specific changes, if any, should be made in the program. Any such review shall
develop and employ relevant and valid criteria and techniques of study which will measure
real program effects, which will demonstrate in factual terms results or effects of the program
which are related to its goals and objectives, and/or which will measure the effectiveness and
efficiency of the operations and administration of the program against objective standards.
(4) To review existing and proposed laws, regulations, and policies pertaining to the
operations and programs of the department and report to the secretary, and under his
direction to the governor, Senate, and House of Representatives, the impact of such existing
and proposed laws and regulations on the efficiency, economy, and effectiveness of the
department and to make recommendations for changes in such existing or proposed laws and
regulations to improve efficiency, economy, and effectiveness of the department.
(5) To inform the secretary, and under his direction the governor, commissioner of
administration, Senate, and House of Representatives, through reports of problems within
the department and recommendations for corrective measures.
(6)(a) Each undersecretary under this Section shall conduct a review and analyze the
department and its revenues, agencies, the various boards, commissions, and other such
entities that may be attached to the department. The review and analysis conducted by the
undersecretary shall identify any legislation which has been implemented and has been
operational for at least six months in the prior year that affects the department, its revenue,
agencies, or other entities under its control and has a fiscal impact which has increased by
the amount of one million dollars or more over the amount of the fiscal note as the bill was
enacted. The review and analysis shall also examine the impact to the department and its
related entities in terms of operations or personnel. Each undersecretary shall compile the
report and submit it to the department secretary. The report shall be in a manner as provided
by R.S. 24:653(L)(2). The secretary shall review the report and submit the report to the
commissioner of administration no later than September thirtieth of each year.
(b) The commissioner of administration shall review the reports as required by
Subparagraph (a) of this Paragraph, and shall submit all reports from the departments to the
Joint Legislative Committee on the Budget by October thirtieth of each year in accordance
with the provisions of R.S. 24:653(L).
B.(1) The undersecretary shall, prior to November twenty-fifth of each year, submit
to the secretary an annual report summarizing the activities of his office relating to
management and program analysis conducted pursuant to this Section for the preceding fiscal
year. The secretary shall, prior to December fifth, submit the report to the governor, to the
commissioner of administration, to the House Committee on Appropriations, to the Senate
Committee on Finance, and to the standing committee of each house of the legislature having
responsibility for oversight of the department as provided in R.S. 49:966. The report shall
be prepared in the manner prescribed by the commissioner of administration and shall be
accompanied by such other information as the commissioner may require.
(2) Such report shall include:
(a) A description of significant problems, deficiencies, and abuses relating to the
administration and management of programs and operations within the department.
(b) Corrective measures recommended by the office for those problems identified
pursuant to Paragraph (1) of this Subsection.
(c) An identification of significant recommendations in previous reports on which
no action has been taken.
(d) A summary of reports made to the secretary pursuant to this Section.
(e) A list and brief summary of program evaluations made by the office.
(f) A report of progress toward accomplishment of the goals and objectives in the
department's five-year strategic plans, including but not limited to an analysis of actual
performance achieved, an explanation of the internal operating factors as well as the external
factors, which are beyond the control of the department, that affected the achievement of
department goals and objectives, and a description of actions needed to address significant
variances between the department's strategic goals and objectives and actual performance.
C.(1) The legislative committees which receive reports as provided in Subsection B
of this Section shall conduct hearings to review such reports.
(2) The undersecretary is authorized to make, from time to time, to the secretary, and
subject to his direction to the appropriate legislative committees, reports concerning matters
relating to program evaluations and other studies conducted by the office.
D. The undersecretary may receive and investigate complaints by employees of the
department concerning possible violations of laws, rules, or regulations or waste or
mismanagement of department funds or resources. The identity of any employee making
such a complaint shall not be disclosed to any person without the consent of such employee.
Any employee making such a complaint who reasonably believes that a violation of law or
of a rule or regulation has occurred or who reasonably believes waste or mismanagement has
occurred shall be free from discipline or reprisal for making such complaint. No employee
with authority to hire and fire, supervisor, agency head, or elected official shall subject any
public employee to reprisal because of any such complaint by an employee.
E. As used in this Section, the following words shall have the following meanings
unless the context clearly indicates otherwise:
(1) "Secretary" means the chief administrative officer of each department of the
executive branch of state government, except that with respect to agencies of the Department
of Education transferred under the provisions of R.S. 36:651(K), "secretary" means the
Louisiana Student Financial Assistance Commission, with respect to the Department of
Public Service, "secretary" means the Public Service Commission, and with respect to the
Department of State Civil Service, "secretary" means the State Civil Service Commission,
through the director of state civil service.
(2) "Undersecretary" means the undersecretary of each department in the executive
branch of state government, except "undersecretary" means the following in the case of the
listed departments:
(a) For the Department of State Civil Service, the State Civil Service Commission
through the director.
(b) For the Department of Agriculture, the assistant commissioner for management
and finance.
(c) For the Department of Education, the deputy superintendent for management and
finance, except that "undersecretary" means the chairman as provided in R.S. 17:3022(A),
with respect to any agency transferred under the provisions of R.S. 36:651(K).
NOTE: Subparagraph (E)(2)(d) eff. until Oct. 1, 2027. See Acts 2025, No. 477.
(d) For the Department of Children and Family Services, the secretary; however, for
the purposes of Paragraph (A)(2) and Subsection D of this Section, "undersecretary" shall
mean the undersecretary for the division of management and finance for the department. In
addition, for purposes of Paragraph (A)(5) of this Section, reports of problems related to
budget, finances, or administration shall be the responsibility of the undersecretary as
provided in Paragraph (A)(5) of this Section, and reports of problems related to programs and
policy shall be the direct responsibility of the secretary. Any provision of this Section that
requires the undersecretary to report to or inform the secretary shall not be applicable to the
Department of Children and Family Services for any function or responsibility exercised by
the secretary pursuant to this Subparagraph.
NOTE: Subparagraph (E)(2)(d) eff. Oct. 1, 2027. See Acts 2025, No. 477.
(d) For the Department of Children and Family Services, the secretary; however,
for the purposes of Paragraph (A)(2) and Subsection D of this Section, "undersecretary"
shall mean the undersecretary for the office of management and finance for the department.
In addition, for purposes of Paragraph (A)(5) of this Section, reports of problems related to
budget, finances, or administration shall be the responsibility of the undersecretary as
provided in Paragraph (A)(5) of this Section, and reports of problems related to programs
and policy shall be the direct responsibility of the secretary. Any provision of this Section
that requires the undersecretary to report to or inform the secretary shall not be applicable
to the Department of Children and Family Services for any function or responsibility
exercised by the secretary pursuant to this Subparagraph.
(e) For the Department of Insurance, the deputy commissioner for management and
finance.
(f) For the Department of Justice, the chief of the office (division) of management
and finance.
(g) For the Department of Public Service, the executive secretary of the Public
Service Commission.
(h) For the Department of State, the secretary of state.
(i) For the Department of the Treasury, the deputy state treasurer for management
and finance.
(j) Repealed by Acts 2018, No. 380, §8, eff. June 30, 2018.
NOTE: See Acts 2001, No. 451, §§8 and 9, relative to effective date of Act.
NOTE: Acts 2005, 1 st Ex. Sess., No. 4, eff. Nov. 18, 2005, suspended the
provisions of R.S. 36:8(B) requiring annual report of management and
program analysis for FY 2004-2005.
NOTE: See Acts 2008, No. 743, §§6, 7, and 8, eff. July 1, 2008, relative to
severability, to changing of references to the former Dept. of Labor and
former La. Workforce Commission, and to legislative intent for continuity of
functioning of local workforce investment boards and the executive director's
responsibility therefor.