Executive branch action definition

Executive branch action means a decision of an agency regarding either of the following:

Executive branch action means any act by an executive branch agency or official to effectuate the public powers, functions, and duties of an executive branch official or an executive branch agency, including but not limited to any act in the nature of policymaking, rulemaking, adjudication, licensing, regulation, or enforcement; relative to contracts, requests for proposals, development of specifications, or engaging another person to perform a governmental function; to formulate, adopt, amend, or repeal any rule, as that term is defined in R.S. 49:951; to adopt, repeal, increase, or decrease any fee imposed on the affairs, actions, or persons regulated by an executive branch agency; or to affect the passage, defeat, or implementation of any legislation.

Executive branch action means any act by an executive branch agency or official to effectuate the public powers, functions, and duties of an executive branch official or an executive branch agency, including but not limited to any act in the nature of policymaking, rulemaking, adjudication, licencing, regulation, or enforcement; relative to contracts, requests for proposals, development of specifications, or engaging another person to perform a governmental function; to formulate, adopt, repeal, increase, or decrease any fee imposed on the affairs, actions, or persons regulated by an executive branch agency; or to affect the passage, defeat, or implementation of any legislation. NOTE: Act 527 of the 2006 Regular Legislative Session removes from “executive branch action” any act by a licensed healthcare professional, or a person acting under a licensed healthcare professional’s direction, to diagnose, treat, or provide medical advice to an individual patient, including prescribing a drug or device for use by the patient. Any action by the Medicaid Pharmaceutical and Therapeutics Committee is still considered to be executive branch action. Any person, such as a pharmaceutical representative, who lobbies a member of such committee for the purpose of inclusion of any product on the pharacopoeia or formulary must register as a lobbyist in accordance with requirements of the Act.

Examples of Executive branch action in a sentence

• Passage of a law conclusively establishes rea- sonableness; introduction of bills not passed shifts the burden of proof to the government to show by clear and convincing evidence that the information should not have been publicly disclosed.• Executive branch action.

• EPA contends that 120 days is adequate for deficiencies that must be addressed through regulation or Executive branch action.

• Yet despite the recognized need for tools and other types of Executive branch action, the Cyberse- curity Coordinator has no directive or budgetary authority, rendering him rather impotent as a cybersecurity advocate for Critical Infrastructure (CI) or anything else.

• The Equitable Growth Report13 lays out a three-pronged proposal for “restoring competition in the United States”: 1) Congressional action in the form of new antitrust legislation; 2) action by U.S. enforcement agencies to “optimize deterrence;” and 3) Executive branch action to coordinate antitrust policy across the federal government.

• Executive branch action is routinely subject to checks and bal- ances wielded by its co-equal branches of government, while also be- ing constrained by the Tenth Amendment.

• Passage of a law conclusively establishes reasonableness; introduction of bills not passed shifts the burden of proof to the government to show by clear and convincing evidence that the information should not have been publicly disclosed.• Executive branch action.

• This revision replaces and rescinds Circular No. A-50, "Executive branch action on General Accounting Office reports," Revised, dated January 15, 1979, and incorporates certain provisions previously set forth in Circular A-73, "Audit of Federal operations and programs," Revised, dated November 27, 1979.

• But, where a statute authorizes Executive branch action and “lay[s] down by legislative act an intelligible principle to which the person or body authorized to [act] is directed to conform,” there is no constitutional concern.