RS 49:974.3

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RS 49:974.3

§974.3. Definitions

The following words or terms as used in this Act shall have the following meanings unless a different meaning appears from the context:

(1)"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. The term "agency" shall not include any of the following entities:

(a)The legislature or any branch, committee, or officer thereof.

(b)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.

(c)The courts.

(2)"Potpourri notice" means a notice sent by an agency to the office of the state register indicating all of the following items:

(a)That the agency may implement a rule change at some future date.

(b)That the agency is seeking public comment and plans to conduct a public hearing, if one is requested prior to giving a notice of intent to implement the rule change.

(c)The deadline for receiving public comments and requests for a public hearing, which deadline is to occur prior to the date that the notice of intent to adopt the rule change, shall be sent to the office of the state register.

(3)"Proposed rule" means a proposal by an agency for a new rule or for a change in, addition to, or repeal of an existing rule.

(4)"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.

(5)"Small business" means a business that is domiciled in this state, employs one hundred or fewer full-time employees, and meets at least one of the following conditions:

(a)Gross annual sales are less than ten million dollars.

(b)Total net worth of the business is less than two million dollars.

Acts 2008, No. 820, §1; Acts 2010, No. 861, §21; Acts 2019, No. 204, §§1, 2, eff. Feb. 1, 2020; Acts 2022, No. 663, §1; Redesignated from R.S. 49:978.3.