DPS Petition for Rulemaking

RS 49:953C.(1) An interested person may petition an agency requesting the adoption, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, considerations, and disposition. Within ninety days after submission of a petition, the agency shall either deny the petition in writing, stating reasons for the denial, or shall initiate rulemaking proceedings in accordance with this Chapter. Each agency with an appropriated operating budget of five million dollars or more shall include on its website a description of the procedure for submitting petitions in accordance with this Paragraph.

Download Petition for Rulemaking Form

   INSTRUCTIONS:

1. In accordance with R.S. 49:953(C)(1), an interested person may petition the Deputy Secretary of the Department of Public Safety and Corrections, Public Safety Services (DPS), for the adoption of a new rule, or the repeal or amendment of any rule promulgated by the following agencies in the DPS: Louisiana State Police, Office of State Fire Marshal, Office of Management and Finance, Office of Motor Vehicles, the Louisiana Liquefied Petroleum Gas Commission, and the Louisiana Oil Spill Coordinator's Office.
2. The petition shall be in writing and shall include:
   1. the petitioner's name and address;
   2. the specific agency in DPS that the proposed rule would impact;
   3. the petitioner's interest in the proposed rule;
   4. the basis for the request;
   5. specific text or a description of the proposed language desired for the adoption or amendment of a rule, or the specific citation and language requested to be repealed in an existing rule;
   6. any other documents or information the petitioner believes may support or justify the request, which may include any financial impact to individuals or the State;
   7. the signature of the petitioner requesting the action.
3. A copy of the DPS Petition for Rulemaking form is available on the official website for each agency listed above. The DPS Petition for Rulemaking may be submitted via hand delivery or US Mail to the Deputy Secretary at 7919 Independence Boulevard A-24, Baton Rouge, LA 70806.
4. Upon receipt of a Petition for Rulemaking, the Deputy Secretary shall forward the petition to the designee for the specific agency listed on the petition. The designee shall review the petition for completeness, as prescribed in LAC. If the petition is found to be complete, the agency designee shall consider the petition.
5. Within 90 calendar days of the Deputy Secretary's receipt of a complete DPS Petition for Rulemaking, the agency designee shall provide notice to the Deputy Secretary, and to the petitioner in writing via U.S. mail at the address provided by the petitioner, or via email at an address provided by the petitioner, of either the denial of the petition and the reasons therefore, or the initiation of rulemaking proceedings in accordance with R.S. 49:950, et seq.