LAC 46:XXV.1117. Declaratory Rulings

A. Any person subject to the Practice Act or this Part may petition the board for a declaratory ruling regarding the applicability of any portion of the Practice Act or this Part. B. A petition for a declaratory ruling shall include all of the following: 1. the name of the person requesting the declaratory ruling; 2. the specific statute(s) or rule(s) upon which a declaratory ruling is requested; 3. a succinct statement of facts and circumstances upon which the board is requested to base its declaratory ruling; and 4. a request for a declaratory ruling. C. The administrator shall receive all petitions for declaratory rulings and shall assign each a number in accordance with a numbering system prescribed by the administrator. Upon receiving a petition for declaratory ruling, the administrator shall docket the petition for the next regularly scheduled board meeting and notify the petitioner of the date and time of the hearing in writing. In the event the petition is received less than seven days prior to the next regularly scheduled board meeting, the administrator may docket the petition for the following regularly-scheduled board meeting. D. Petitions for declaratory rulings shall be considered by the board in open session. E. The board shall issue a declaratory ruling upon majority vote of those board members present and voting. The ruling shall be reduced to writing and issued in the name of the board. In any decision in which the board’s decision was not unanimous, those board members deciding with the majority shall be noted in the decision. F. The board may deny a petition for a declaratory ruling if the board determines: 1. the petition requests a declaratory ruling on matters outside the scope of the Practice Act or this Part; 2. the facts and circumstances upon which the board is requested to base its ruling are incomplete or unclear; or 3. the petition concerns an ongoing disciplinary matter, pending litigation, or a pending application. G. The board’s decision on a petition for declaratory ruling shall be rendered within 60 calendar days after the hearing on the petition. H. All decisions on petitions for declaratory ruling shall be public record. I. Nothing in this section shall prevent the board from responding to informal correspondence from applicants, licensees, or entities requesting information or clarification of board actions, policies, practices, or rules. Such correspondence shall not be deemed to constitute a petition for declaratory ruling unless the requirements of this section are met.