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La. Rev. Stat. § 49:959 (2026)

Redesignated as R.S. 49:977.1 by Acts 2022, No. 663, §1.

✓ current as of May 2026
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§959. Redesignated as R.S. 49:977.1 by Acts 2022, No. 663, §1.

Notes of Decisions
Cited in 27 cases (1 in the last 5 years), 1972–2023 · leading case: Johnson v. Louisiana Tax Comm'n, 807 So. 2d 329 (La. Ct. App. 2002).
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Johnson v. Louisiana Tax Comm'n, 807 So. 2d 329 (La. Ct. App. 2002). · cites it 3× “R.S. 49:959 A. The *333 APA also provides for the measuring of the time for judicial review where a rehearing is sought.”
EOP New Orleans, L.L.C. v. Louisiana Tax Comm'n, 809 So. 2d 387 (La. Ct. App. 2001). · cites it 3× “R.S. 49:959 A. There is no requirement, however, that a party wishing to apply for judicial review must first apply to the agency for a rehearing.”
West v. Louisiana Dept. of Pub. Saf., 432 So. 2d 273 (La. Ct. App. 1983). · cites it 3× “R.S. 49:959, the decision of the Board of January 14, 1977, denying the appellant's application for disability benefits was subject to a rehearing "within ten days from the date of its entry.”
Hibernia Nat. Bank v. LA TAX COM'N, 652 So. 2d 662 (La. Ct. App. 1995). · cites it 4× “for a rehearing," for which reason it applied the APA's R.S. 49:959. It cited Corbello v. Sutton, 446 So.”
Smith v. Dept. of Health & Human Resources, 416 So. 2d 94 (La. 1982). “DECREE For the reasons assigned, the ruling of the court of appeal denying the motion to dismiss Melvin Smith's appeal is affirmed. The case is remanded to the court of appeal for further proceedings.”
Blackett v. Dept. of Environ. Quality, 506 So. 2d 749 (La. Ct. App. 1987). “They further argue that they were entitled to a rehearing under LSA-R.S. 49:959 of the Louisiana Administrative Procedure Act.”
Jordan v. Sutton, 411 So. 2d 1170 (La. Ct. App. 1982). · cites it 8× “The defendant and intervenor argued that plaintiff was not entitled to a hearing because LSA-R.S. 49:959(A), a section of the Administrative Procedure Act, provides that an administrative order is subject to rehearing within ten days from the date of its entry.”
Tebbe v. Com'n on Ethics for Pub. Emp., 526 So. 2d 1354 (La. Ct. App. 1988). “LSA-R.S. 49:959 B. We find no error. VAGUENESS OF LSA-R.”
Mayor of Morgan City v. Louisiana Dep't of Env't Quality, 604 So. 2d 144 (La. Ct. App. 1992). · cites it 2× “R.S. 49:959. Although the issuance of the water quality certification is dated May 30, 1986, the record does not establish that this action was ever entered or filed into DEQ’s adjudicatory record of these proceedings.”
Hayden v. New Orleans Baton Rouge S.S. Pilots Fee Comm'n, 680 So. 2d 1385 (La. Ct. App. 1996). “The second petition for judicial review reasserts the same allegations as the first petition in addition to alleging that the Commission had no authority or jurisdiction to issue its April 3, 1994 decision modifying its March 9 decision because the time for applying for…”
Tassistro v. Louisiana State Racing Comm'n, 269 So. 2d 834 (La. Ct. App. 1972). · cites it 4× “In support of that argument, they contend that reconsideration must be sought by one of the parties in interest and they rely on LSA-R.S. 49:959 which provides that a matter can only be reopened on motion of a party if (1) the decision is contrary to the law and the evidence, or…”
Town of New Llano v. Hunt, 839 So. 2d 1161 (La. Ct. App. 2003). · cites it 5× “The trial court erred in ordering this matter remanded to the Board of Review pursuant to the provisions of LSA-R.S. 49:959. 5. The trial court erred in applying the provisions of the Louisiana Administrative Procedure Act, LSA-R.”
Show all 27 citing cases →
La. Rev. Stat. § 49:959(A): 6 cases
Smith v. Dept. of Health & Human Resources, 416 So. 2d 94 (La. 1982). “DECREE For the reasons assigned, the ruling of the court of appeal denying the motion to dismiss Melvin Smith's appeal is affirmed. The case is remanded to the court of appeal for further proceedings.”
Hibernia Nat. Bank v. LA TAX COM'N, 652 So. 2d 662 (La. Ct. App. 1995). “for a rehearing," for which reason it applied the APA's R.S. 49:959. It cited Corbello v. Sutton, 446 So.”
Jordan v. Sutton, 411 So. 2d 1170 (La. Ct. App. 1982). “The defendant and intervenor argued that plaintiff was not entitled to a hearing because LSA-R.S. 49:959(A), a section of the Administrative Procedure Act, provides that an administrative order is subject to rehearing within ten days from the date of its entry.”
West v. Louisiana Dept. of Pub. Saf., 432 So. 2d 273 (La. Ct. App. 1983). “R.S. 49:959, the decision of the Board of January 14, 1977, denying the appellant's application for disability benefits was subject to a rehearing "within ten days from the date of its entry.”
Coleman v. Comm'n on Ethics for Pub. Employees, 439 So. 2d 451 (La. Ct. App. 1983).
La. Rev. Stat. § 49:959(B): 2 cases
Tassistro v. Louisiana State Racing Comm'n, 269 So. 2d 834 (La. Ct. App. 1972). “In support of that argument, they contend that reconsideration must be sought by one of the parties in interest and they rely on LSA-R.S. 49:959 which provides that a matter can only be reopened on motion of a party if (1) the decision is contrary to the law and the evidence, or…”
McDonald v. Louisiana State Bd. of Private Investigator Examiners, 873 So. 2d 674 (La. Ct. App. 2004).
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