The secretary may adopt an emergency rule about a dangerous substance if there is an imminent hazard, but must give notice, allow public comment, and follow oversight steps.
§996.5. Rulemaking; special provisions; procedural safeguards A. Notwithstanding any other provision of law to the contrary, if the secretary believes that there is an imminent hazard to the public health, safety, and welfare and the adoption of a rule declaring a substance a dangerous substance and the issuance of a dangerous substance stop order is necessary, a rule may be adopted pursuant to the provisions of this Section. B. The secretary shall publish a notice of intention to adopt a rule declaring a substance to be a dangerous substance and to issue a dangerous substance stop order regarding the sale, distribution, manufacture, or dispensing of the dangerous substance, in the official state journal at least twice within a fifteen-day period prior to the adoption of the rule. C. The notice shall provide for all of the following: (1) An explanation of the basis and rationale for the intended action, a summary of the information, and data supporting the intended action. (2) The time, the location, and the manner in which interested persons may present their views thereon. (3) A statement that the intended action complies with the provisions of R.S. 40:996.1 through 996.7. (4) The text of the proposed rule. D. The secretary shall afford all interested persons reasonable opportunity to submit data, views, comments, or arguments, orally or in writing. The opportunity for oral presentation or argument shall be granted if requested within five days after the initial publication of the notice as provided for in this Section. E. The rule shall provide for all of the following: (1) A recitation of the determinations and findings required by the provisions of R.S. 40:996.3(B) and the reasons for those determinations and findings. (2) A specific list of the substances declared to be dangerous substances. (3) A dangerous substance stop order prohibiting the sale, distribution, manufacture, or dispensing of the dangerous substance. F.(1) The secretary shall transmit and deliver within seven days after the initial publication of the notice in the official journal of the state as provided for in Subsection B of this Section, a copy of any proposed rules to the speaker of the House of Representatives, the president of the Senate, the chairman of the House Committee on Health and Welfare, and the chairman of the Senate Committee on Health and Welfare for review. The chairmen of such committees shall review the proposed rules to determine whether to conduct legislative oversight hearings. (2) Legislative oversight shall be in accordance with the provisions of R.S. 49:966, except as provided in this Section. (3) Any legislative oversight committee hearing approving or finding unacceptable any proposed rules shall be held within fourteen days of receipt of the proposed rules by the presiding officers of each house of the legislature and any action by the governor to disapprove the action of the committee shall be taken within four days of receipt of the report of the committee by the governor. G. The rule shall become effective thirty days following the initial publication in the official state journal unless an oversight hearing is conducted and the rule is found unacceptable by the oversight committee and the governor does not disapprove of the action taken by the oversight committee. The rule shall remain in effect through the sixtieth day after final adjournment of the succeeding regular legislative session. H. Except as specifically provided for in this Section, the rule shall be adopted pursuant to the provisions of the Administrative Procedure Act. Acts 2012, No. 347, §1.