Rulemaking agencies must file certified copies of their rules with the state register office before rules can take effect or be enforced.
§965. Filing; taking effect of rules A. No rule adopted is valid unless adopted in substantial compliance with this Chapter. Each rulemaking agency shall file a certified copy of its rules with the office of the state register. No rule shall be effective, nor may it be enforced, unless it has been properly filed with the office of the state register. No rule adopted shall be effective, nor may it be enforced, unless prior to its adoption a report relative to the proposed rule change is submitted to the appropriate standing committee of the legislature or to the presiding officers of the respective houses as provided in R.S. 49:966. No rule shall be effective, nor may it be enforced, unless the approved economic and fiscal impact statements, as provided in R.S. 49:961, have been filed with the office of the state register and published in the Louisiana Register. The inadvertent failure to mail notice and statements to persons making request for such mail notice, as provided in R.S. 49:961, shall not invalidate any rule adopted hereunder. A proceeding under R.S. 49:968 to contest any rule on the grounds of noncompliance with the procedures for adoption, as given in this Chapter, must be commenced within two years from the date upon which the rule became effective. B.(1) Each rule hereafter adopted shall be effective upon its publication in the Louisiana Register, said publication to be subsequent to the act of adoption, except that if a later date is required by statute or specified in the rule, the later day is the effective date. (2) An emergency rule shall be considered effective pursuant to the provisions of R.S. 49:962. Acts 1966, No. 382, §4, eff. July 1, 1967. Amended by Acts 1968, No. 474, §1; Acts 1974, No. 284, §1, eff. Jan. 1, 1975; Acts 1975, No. 730, §1; Acts 1978, No. 252, §1; Acts 1980, No. 392, §1; Acts 1990, No. 248, §1; Acts 1990, No. 1085, §1, eff. July 31, 1990; Acts 2013, No. 220, §23, eff. June 11, 2013; Acts 2014, No. 791, §18; Acts 2021, No. 211, §11; Acts 2022, No. 663, §1; Redesignated from R.S. 49:954. NOTE: Former R.S. 49:965 redesignated as R.S. 49:979 by Acts 2022, No. 663, §1.