A. Any interested person desiring a declaratory order must file a written petition with the appropriate public body created within the department, which shall include:
- 1. a clear, concise written statement of applicable facts and supporting evidence, including the statutes, rules, or regulations at issue; and
- 2. the name, address, telephone number, and email address of the applicant and each person that may be called to testify as a witness.
- B. Unless otherwise provided by statute or rule, all petitions for declaratory order or ruling shall be addressed to the commissioner of agriculture and forestry and shall be mailed or delivered to: Legal Division, 5825 Florida Blvd, Suite 2000, Baton Rouge, LA 70806.
C. If the petition seeks declaratory relief over which the commissioner has authority:
- 1. the petition shall be considered by the commissioner within a reasonable time; and
- 2. the commissioner will issue a written declaratory order, which shall be a final order.
D. If the petition seeks declaratory relief over which a public body created within the department has authority, the petition shall be considered as follows:
- 1. the petition shall be considered by the appropriate public body at its next regularly scheduled meeting;
- 2. the petitioner shall be provided adequate notice of the meeting; and
- 3. the public body shall issue a written, final declaratory order within a reasonable time.
- E. Written declaratory orders shall be sent to the petitioner either by certified mail, hand delivery, or commercial courier.
- F. A declaratory order shall have the same status as a final agency decision or an order in an adjudicated case. Declaratory orders may be appealed to district court in accordance with R.S. 49:968.
Authority Note
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3; R.S. 49:968; and R.S. 49:977.4.
Historical Note
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of the Commissioner; LR 51:783 (June 2025).