Louisiana § RS 49:955 - Application of Chapter to rules and fees

§ RS 49:955. Application of Chapter to rules and fees

            A.(1) The legislature recognizes that it is essential to the operation of a democratic government that prior to the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee, that the provisions of this Chapter be followed, except as otherwise specifically excepted, exempted, or limited by law.

            (2) The legislature further recognizes that it is essential to the operation of a democratic government that the people be made aware of all exceptions, exemptions, and limitations to this Chapter. In order to foster the people's awareness, the legislature declares that all exceptions, exemptions, and limitations to this Chapter pertaining to the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee be cited or provided for in this Chapter or the Constitution of Louisiana.

            B. The legislature further recognizes that there exist specific exceptions, exemptions, and limitations to the laws pertaining to the adoption, amendment, or repeal of any rule or the adoption, increasing, or decreasing of any fee throughout the revised statutes and codes of this state. Such exceptions, exemptions, and limitations are hereby continued in effect by incorporation into this Chapter by citation:

            (1) R.S. 6:121.1(A), 121.3(A), 969.34, and 1092(F).

            (2) R.S. 9:3552(C), 3556.2(A), and 3561(D)(2).

            (3) R.S. 13:4202(B)(2).

            (4) R.S. 18:1511.2(B).

            (5) R.S. 22:1260.10(B).

            (6) R.S. 27:220(C).

            (7) R.S. 29:788(C).

            (8) R.S. 30:4(I)(5), 918(B), and 925(A)(2) and (D).

            (9) R.S. 37:1806.1(B) and 3012(B)(1).

            (10) R.S. 40:5.3(B), 406(B)(1), and 600.6(A)(4)(b).

            (11) R.S. 42:814(C).

            (12) R.S. 49:258(1).

            (13) R.S. 51:1285(A), 1929.1(A), 2389.1(A), and 3090.

            (14) R.S. 56:319(D) and 2014.

            C. The legislature further recognizes that there exist provisions of law which authorize an agency to adopt, increase, or decrease a fee without specifically providing that such action shall be taken in accordance with this Chapter. Any action taken pursuant to such authorization shall be in accordance with this Chapter, unless it is specifically otherwise excepted, exempted, or limited in the Constitution of Louisiana or in law.

            D. The provisions of this Chapter relative to fees shall not be applicable to a higher education management board created by Article VIII, Section 6, 7, or 7.1 of the Constitution of Louisiana.

            Acts 2010, No. 775, §1, eff. June 30, 2010; Acts 2022, No. 663, §1; Redesignated from R.S. 49:967.1; Acts 2024, No. 546, §2, eff. July 1, 2024.

            NOTE: Former R.S. 49:955 redesignated as R.S. 49:975 by Acts 2022, No. 663, §1.