§ 49:968 — Judicial review of validity or applicability of rules

§968. Judicial review of validity or applicability of rules
A.(1) The validity or applicability of a rule may be determined in an action for
declaratory judgment in the district court of the parish in which the agency is located.
(2) The agency shall be made a party to the action.
B.(1) If, before the date set for hearing, application is made to the court for leave to
present additional evidence, and it is shown to the satisfaction of the court that the additional
evidence is material and that there were good reasons for failure to present it in the
proceeding before the agency, the court may order that the additional evidence be taken
before the agency upon conditions determined by the court.
(2) The agency may modify its findings and decision by reason of the additional
evidence and shall file that evidence and any modifications, new findings, or decisions with
the reviewing court.
C. The court shall declare the rule invalid or inapplicable if it finds that it violates
constitutional provisions or exceeds the statutory authority of the agency or was adopted
without substantial compliance with required rulemaking procedures.
D. An action for a declaratory judgment under this Section may be brought only after
the plaintiff has requested the agency to pass upon the validity or applicability of the rule in
question and only upon a showing that review of the validity and applicability of the rule in
conjunction with review of a final agency decision in a contested adjudicated case would not
provide an adequate remedy and would inflict irreparable injury.
E. Upon a determination by the court that any statement, guide, requirement, circular,
directive, explanation, interpretation, guideline, or similar measure constitutes a rule as
defined by R.S. 49:951 and that the measure has not been properly adopted and promulgated
pursuant to this Chapter, the court shall declare the measure invalid and inapplicable. It shall
not be necessary that all administrative remedies be exhausted.
F. With respect to the challenge of an occupational regulation, the plaintiff shall
prevail if the court finds by a preponderance of evidence that the challenged occupational
regulation on its face or in its effect burdens entry into a profession, trade, or occupation, and
that an agency has failed to prove by a preponderance of evidence that the challenged
occupational regulation is demonstrated to be necessary and narrowly tailored to fulfill
legitimate fiduciary, public health, safety, or welfare objectives. Upon a finding for the
plaintiff, the court shall enjoin further enforcement of the challenged occupational regulation
and shall award reasonable attorney fees and costs to the plaintiff, except in the case of a
challenged occupational regulation promulgated by an occupational licensing board that
participates in the Department of Justice Occupational Licensing Review Program pursuant
to R.S. 49:260.
G. The provisions of this Chapter shall not apply to administrative rules promulgated
pursuant to the Human Life Protection Act, R.S. 40:1061 et seq.
NOTE: Former R.S. 49:968 redesignated as R.S. 49:966 by Acts 2022, No. 663, §1.

Legislative History

Acts 1966, No. 382, §13, eff. July 1, 1967; Acts 1991, No. 639, §1, eff. July 17, 1991; Acts 1997, No. 1043, §1, eff. July 11, 1997; Acts 2022, No. 583, §2; Acts 2022, No. 663, §1; Redesignated from R.S. 49:963; Acts 2023, No. 98, §1, eff. June 6, 2023.