Title 49. State Administration
Chapter 13. Administrative Procedure
Part I. General Provisions
49:954 Exemptions from provisions of Chapter
A. This Chapter shall not be applicable to the Board of Tax Appeals, the Department of Revenue, with the exception of the Louisiana Tax Commission that shall continue to be governed by this Chapter in its entirety, unless otherwise specifically provided by law, and the administrator of the Louisiana Employment Security Law; however, the provisions of R.S. 49:951 (3), (5), (6), (8), and (9), 953, 956, 961, 962, 965, 966, 969, and 970 shall be applicable to the board, department, and administrator.
B. (1) The provisions of R.S. 49:966(F) and 970 shall not be applicable to any rule promulgated by the State Civil Service Commission or the Public Service Commission.
(2) The provisions of this Chapter shall not be applicable to entities created as provided in Part V of Chapter 6 of Title 34 of the Louisiana Revised Statutes of 1950.1
C. The provisions of R.S. 49:968, 978.1, and 979 shall not be applicable to any rule, regulation, or order of any agency subject to a right of review under the provisions of R.S. 30:12.
D. The provisions of R.S. 49:968, 978.1, and 979 shall not apply to any rule, regulation, or policy and procedure statements issued by or for the Department of Public Safety and Corrections, corrections services, concerning:
(1) The internal management and daily operations of a correctional institute, probation and parole district office, or headquarters function.
(2) General law statements that are substantially repetitions of state or federal law.
(3) The implementation and processes for carrying out a court-ordered sentence of death and any and all matters related to the regulations for the sentence of death.
E. The provisions of R.S. 49:968, 978.1, and 979 shall apply only to the regulations and policies of the Department of Public Safety and Corrections, corrections services, that affect the substantial rights of, or administrative remedies available to, the public or any offender incarcerated in a state correctional facility or local jail facility.
Redesignated from R.S. 49:967 by Acts 2022, No. 663, § 1. Added by Acts 1974, No. 284, § 2, eff. Jan. 1, 1975. Amended by Acts 1976, No. 279, § 1; Acts 1978, No. 252, § 1; Acts 1981, No. 453, § 1; Acts 1982, No. 708, § 2; Acts 1983, No. 409, § 2; Acts 1984, No. 244, § 1; Acts 1985, No. 869, § 1, eff. July 23, 1985; Acts 1986, No. 494, § 1; Acts 1990, No. 248, § 1; Acts 1992, No. 53, § 1; Acts 1997, No. 1172, § 9, eff. June 30, 1997; Acts 1997, No. 1484, § 1, eff. July 16, 1997; Acts 2010, No. 889, § 2; Acts 2023, No. 98, § 1, eff. June 6, 2023.
Footnotes
1 Title 34, Chapter 6, Part V, “Pilotage Fee Commission”, R.S. 34:1121 et seq.