§ 49:951 — Definitions

Louisiana § 49:951

• Jurisdiction: Louisiana
• Title 49: State Administration

Text

§951. Definitions
As used in this Chapter:
(1) "Adjudication" means agency process for the formulation of a decision or order.
(2) "Adopt", "adopted", or "adoption", when pertaining to a fee in this Chapter, shall
include action proposed by an agency to adopt, apply, assess, charge, implement, levy, or
otherwise collect a fee pursuant to authorization by law that the agency may adopt, apply,
assess, charge, implement, levy or otherwise collect such fee.
(3) "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 Article VI,
Section 44 of the Constitution of Louisiana, and any board, commission, department, agency,
officer, or other entity thereof, and the courts.
(4) "Decision" or "order" means the whole or any part of the final disposition
(whether affirmative, negative, injunctive, or declaratory in form) of any agency, in any
matter other than rulemaking, required by constitution or statute to be determined on the
record after notice and opportunity for an agency hearing, and including non-revenue
licensing, when the grant, denial, or renewal of a license is required by constitution or statute
to be preceded by notice and opportunity for hearing.
(5) "Party" means each person or agency named or admitted as a party, or properly
seeking and entitled as of right to be admitted as a party.
(6) "Person" means any individual, partnership, corporation, association,
governmental subdivision, or public or private organization of any character other than an
agency, except that an agency is a "person" for the purpose of appealing an administrative
ruling in a disciplinary action brought pursuant to Title 37 of the Louisiana Revised Statutes
of 1950 prior to the final adjudication of such disciplinary action.
(7) "Preamble" means a brief explanation of the basis and rationale for the intended
administrative rulemaking action including a summary of the information and data
supporting the intended action.
(8) "Rule" means each agency statement, guide, or requirement for conduct or action,
exclusive of those regulating only the internal management of the agency and those
purporting to adopt, increase, or decrease any fees imposed on the affairs, actions, or persons
regulated by the agency, which has general applicability and the effect of implementing or
interpreting substantive law or policy, or which prescribes the procedure or practice
requirements of the agency. "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. A rule may be of general
applicability even though it may not apply to the entire state, provided its form is general and
it is capable of being applied to every member of an identifiable class. The term includes the
amendment or repeal of an existing rule but does not include declaratory rulings or orders
or any fees.
(9) "Rulemaking" means the process employed by an agency for the formulation of
a rule. Except where the context clearly provides otherwise, the procedures for adoption of
rules and of emergency rules as provided in R.S. 49:961 and 962 shall also apply to adoption,
increase, or decrease of fees. The fact that a statement of policy or an interpretation of a
statute is made in the decision of a case or in an agency decision upon or disposition of a
particular matter as applied to a specific set of facts involved does not render the same a rule
within this definition or constitute specific adoption thereof by the agency so as to be
required to be issued and filed as provided in this Subsection.

Legislative History

Acts 1995, No. 1057, §1, eff. June 29, 1995 and Jan. 8, 1996 (1/8/96 date applicable to Dept. of Health and Hospitals only); Acts 1997, No. 1224, §1; Acts 2010, No. 775, §1, eff. June 30, 2010; Acts 2021, No. 211, §11; Acts 2022, No. 663, §1; Acts 2023, No. 98, §1, eff. June 6, 2023.