HB 709 (Louisiana, 2026) — Administrative Procedure: Provisions related to rulemaking under the Administrative Procedure Act (APA)
Overview
- Purpose: Reform and strengthen the process for agency rulemaking under the APA, including termination of rules, enhanced legislative oversight, and mandatory hearings on proposed rules and agency rulemaking reports.
- Effective: Upon signature by the governor or, if not signed, as provided by constitutional timing; applies to rules proposed for adoption, amendment, or repeal with a notice of intent submitted before the act’s effective date for publication in the Louisiana Register.
Key Provisions and Changes
1) Rulemaking timeline and repeal requirements (R.S. 49:961)
- Notice requirement: Agencies must give at least 90 days’ notice prior to taking action on a rule and must include a copy of the proposed rule.
- New rule adoption: If an agency proposes a new rule, it must simultaneously identify and notify its intention to repeal two existing agency rules (the two rules to be repealed must be named in the notice of intent).
2) Expiration of rules (new provision, R.S. 49:965(C))
- Nonemergency rules: A rule adopted under standard (nonemergency) procedures shall expire on June 30 of the year following its adoption unless legislation enacts continuation of the rule to a specific date or indefinitely.
3) Oversight and hearings (R.S. 49:966)
- Oversight subcommittee hearings: The chair of each relevant standing committee must appoint an oversight subcommittee to conduct hearings on all rules proposed for adoption, amendment, or repeal, and on all proposed fee adoptions, increases, or decreases.
- Sequencing: An oversight hearing is to occur after the agency has conducted its APA hearing on the rule.
- Annual rulemaking report: A standing committee must hold a hearing on an agency’s annual rulemaking report to review the report with the agency.
4) Repeal of existing provision (R.S. 49:966(E)(2) repealed)
- Repeals an existing provision that stated that the failure of a subcommittee to conduct a hearing or make a determination would not affect the validity of a rule otherwise adopted.
5) Applicability
- Scope: Applies to rules proposed for adoption, amendment, or repeal, including notices of intent submitted before the act’s effective date, and for publication in the Louisiana Register.
Impacted Parties
- State executive agencies and boards that promulgate rules under the APA.
- Louisiana Legislature (standing committees and oversight subcommittees) responsible for reviewing agency rulemaking.
- Public stakeholders who participate in or are affected by agency rules, given the expanded notice, repeal linkage, and increased oversight.
Procedural/timeline Considerations
- Notice and repeal linkage increases lead time and strategic planning for agencies, tying new rule proposals to the simultaneous repeal of two existing rules.
- Rules have an automatic expiration date if not extended by subsequent legislation, creating a potential vacuum without legislative action.
- Mandatory oversight hearings and annual rulemaking reviews add procedural checkpoints and potential additional timelines for rule adoption and amendments.
Notes
- The bill tightens legislative oversight of rulemaking, expands agency accountability via mandatory hearings, and introduces a structured expiration mechanism for nonemergency rules.
- It preserves existing publication-based effectiveness but adds termination risk absent extension, and requires explicit repeal notices and annual reporting.
This summary encapsulates the substantive changes HB 709 proposes to the Louisiana Administrative Procedure Act and the practical effects on rulemaking oversight and rule lifecycles.
