61 sections in this chapter.
Chapter 1. General Provisions-101 Analysis and Deficiencies
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A. Analysis of lime samples shall be conducted in accordance with methods published by the Association of Official Analytical Chemists or in accordance with other generally recognized methods. B. Liming material that, upon official analysis, is found to be deficient by 5 percent …
Chapter 1. General Provisions-101 Title
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A. These rules shall be known as the administrative rules and regulations of the Office of Telecommunications Management.
Chapter 1. General Provisions-101 General
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A. Under the authority of the Administrative Procedure Act, R.S. 49:950 et seq., and in accordance with R.S. 39:15.1-6 in Act 712 of the 2014 Regular Legislative Session, the position of the state chief information officer (CIO) and the Office of Technology Services were establis…
Chapter 1. General Provisions-101 Definitions
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A. The words and terms defined in R.S. 3:263 are applicable to this Part. B. The following words and terms are defined for the purposes of this Part and are applicable to this Part. Act―the Louisiana Agricultural Finance Act found in Chapter 3-B of Title 3 of the Louisiana Revise…
Chapter 1. General Provisions-101 Statement of Policy
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A. In accordance with the provisions of R.S. 51:941-945 and the provisions of the Administrative Procedure Act, R.S. 49:950-970 as amended, Louisiana Economic Development's Small and Emerging Business Development Program administers these regulations which are intended to prescri…
Chapter 1. General Provisions-101 Definitions
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A. The definitions in R.S. 3:1431 and the following definitions are applicable to this Part. Coated Seed―any seed unit covered with any substance that changes the size, shape, or weight of the original seed. Seeds coated with ingredients such as, but not limited to, rhizobia, dye…
Chapter 1. General Provisions-101 Board of Commerce and Industry
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A. The principal offices of the board shall be at the Louisiana Department of Economic Development, Office of Commerce and Industry, located at One Maritime Plaza, Baton Rouge, LA, or at such other place as the board may determine.
Chapter 1. General Provisions-101 Assessments
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A. Fees and Charges 1. During 1991 and each year thereafter, all state- chartered credit unions shall pay an annual operating fee, the exact amount of which shall be fixed from time-to-time by the commissioner. During 1990, credit unions shall continue to be charged and be liable…
Chapter 1. General Provisions-103 Board Membership
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A. Number and Qualifications of Board Members. The board shall consist of 20 members, unless R.S. 51:923 is amended to provide for a different number of board members. Fifteen members shall be appointed by the governor from among representatives of the major economic groups withi…
Chapter 1. General Provisions-103 Administration of LAFA's Affairs
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A. LAFA officers shall be a chairman, vice-chairman, and secretary who shall serve terms of one year but may be elected for an indefinite number of terms. B. After the initial election of officers, the officers shall be elected at LAFA's regular meeting during the first quarter o…
Chapter 1. General Provisions-103 Authority
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A. These rules are adopted pursuant to R.S. 39:140-143 and R.S. 39:1751-1755.
Chapter 1. General Provisions-103 Request for Adoption, Amendment, or Repeal of a Rule
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A. Any interested person may, pursuant to R.S. 49:953(C), request the commission to adopt, amend, or repeal a rule (rule change) that the commission has the authority to make. B. A request for a rule change shall be in writing and shall contain the following information: 1. a dra…
Chapter 1. General Provisions-103 Purpose
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A. The purpose and intent of this Chapter is to provide the maximum opportunity for small and emerging businesses to become competitive in a non-preferential modern economy. This purpose shall be accomplished by providing a program of assistance and promotion.
Chapter 1. General Provisions-103 Submission of a Rulemaking Petition
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A. In accordance with R.S. 49:953(C)(1), any interested person may petition an agency to adopt a new rule, or to amend or repeal an existing rule. B. To petition an agency within the Division of Administration for changes to the agency’s current rules, or for the adoption of new …
Chapter 1. General Provisions-105 Consideration of a Rulemaking Petition
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A. Upon receipt, a rulemaking petition shall be forwarded to the promulgating agency for review. B. Within 90 days of receipt of the rulemaking petition, the agency shall either: 1. initiate rulemaking procedures to adopt a new rule, or to amend or repeal an existing rule; or 2. …
Chapter 1. General Provisions-105 Purpose
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A. The purpose is to establish overall policy and define areas of responsibility for the provision and management of coordinated telecommunications services to support the programs of the executive branch of state government.
Chapter 1. General Provisions-105 Program Authorization; Applicability of Federal Law
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A. State Statutes. The Louisiana Direct Placement Agricultural Revenue Bond Program is authorized by Louisiana Revised Statutes of 1950, Title 3, Chapter 3-B, Sections 261-283. These statutes permit funding by Agricultural Revenue Bonds of a wide range of agricultural loans. B. F…
Chapter 1. General Provisions-105 Compensation of the Board
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A. Members of the board shall serve without compensation. Each member shall be entitled to reimbursement for the actual and necessary expenses incurred in the performance of official duties.
Chapter 1. General Provisions-105 Definitions
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A. When used in these regulations, the following terms shall have meanings as set forth below. Certification―the determination that a business qualifies for designation as a small and emerging business. Deputy Secretary―the deputy secretary of Louisiana Economic Development. Depu…
Chapter 1. General Provisions-105 Procedure for Declaratory Orders and Rulings
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A. This rule provides for the filing and prompt disposition of requests for declaratory orders and rulings as to the applicability of any statutory provision or as to the applicability of any rule or order of the commission, as required by R.S. 49:962 and 49:963(D). B. A request …
Chapter 1. General Provisions-107 Meetings of the Board
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A. Open Meeting. All meetings of the board shall be subject to the open meetings law as provided in R.S. 42:1 et seq. B. Annual Meeting. The year of the board shall begin February 1 each year. The meeting following the beginning of the year, the board shall elect its officers who…
Chapter 1. General Provisions-107 Scope
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A. These rules apply to the executive branch of state government as defined in R.S. 36:3(1) and any and all entities, state or non-state, approved to utilize state telecommunications systems and telecommunications services. All groups may be referred to collectively hereafter as …
Chapter 1. General Provisions-107 Projects Eligible for Loans Funded with LAFA Bond Proceeds
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A. Loan proceeds may be used for acquisition, construction, reconstruction, equipping or installation of any property which, under the code, is eligible for a depreciation allowance or chargeable, for federal income tax purposes, to a capital account (or that would be chargeable …
Chapter 1. General Provisions-107 Eligibility Requirements for Certification
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A. An SEB is a firm owned and controlled by one or more small and emerging business person(s). Eligibility requirements fall into two categories, one applies to the individual owners and the other to the applicant's firm. In order to continue participation in the program, a firm …
Chapter 1. General Provisions-109 Notice
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A. Notice by Mail. Under the provisions of Louisiana law or these rules, whenever notice is given to any member it shall not be construed to mean personal delivery of notice. Notice will be considered to be given in writing on the day the written notice is deposited in a post off…
Chapter 1. General Provisions-109 Control and Management
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A. Description. An applicant firm's management and daily business operations must be controlled by an owner(s) of the applicant firm who has/have been determined to be a small and emerging business person. In order for a small and emerging business person to be found to control t…
Chapter 1. General Provisions-109 Projects Ineligible for Loans Funded with LAFA Bond Proceeds; Exceptions
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A. LAFA bonds may not be used for the following purposes, except as provided under this rule: 1. land acquisition, except that: a. 25 percent of a loan may be used to acquire non-farm land; and b. first-time farmers may utilize a maximum of $250,000 in loan proceeds to purchase l…
Chapter 1. General Provisions-111 Eligibility Requirements for Certification
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A. It is the responsibility of any business wishing to participate in the program to complete the required certification process. Failure to provide complete, true, or accurate data may result in rejection of the application. B. Certification in the SEBD Program is accomplished o…
Chapter 1. General Provisions-111 Officers
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A. The officers of the board shall be elected by the members of the board and shall be a chairperson and a vice-chairperson and such other officers as the board shall consider necessary. There shall be no prohibition against officers succeeding themselves. 1. Chairperson. The cha…
Chapter 1. General Provisions-111 Maximum Amount of Agricultural Loans for Capital Expenditures
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A. Section 103(b)(6) of the code restricts use of tax-exempt bonds to small issues, which thereby limits the principal amount of the corresponding loans. To determine whether a bond is eligible under the established limits, the code requires that certain sums be added to the prin…
Chapter 1. General Provisions-113 Certification Application Procedure
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A. Applicant completes and submits an on-line application at www.ledsmallbiz.com to the SEBD office. B. The SEBD Program staff reviews the application and if it is found to be incomplete or further information is needed, the SEBD Program staff will contact applicant. If the appli…
Chapter 1. General Provisions-113 Minimum Amount of Bonds/Agricultural Loans
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A. The minimum amount of loans originated by any one lender shall be $10,000. B. The minimum amount of a loan shall be $10,000.
Chapter 1. General Provisions-113 Standing Committees
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A. The board, by resolution adopted by a majority of the board then in office, may establish one or more standing committees, each which shall consist of three or more board members. Each committee shall have and exercise the authority of the board as contained within the resolut…
Chapter 1. General Provisions-115 Speaking before the Board
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A. Time Limit Set on Speaking before the Board 1. Petitions to the board by an applicant and/or representatives of same shall, as a group, be limited to at total of 10 minutes to put forward their plea. 2. Opponents to a given application shall, as a group, have a total of 10 min…
Chapter 1. General Provisions-115 Duration of Certification; Graduation through Growth
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A. The maximum amount of time that a firm may be granted certification by the SEBD Program is unlimited until the firm graduates, by growing to exceed the eligibility requirements for certification, as provided in §107, or is terminated from the program by LED. B. Retention of th…
Chapter 1. General Provisions-115 Lenders
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A. Eligibility Requirements 1. The lender must be an entity listed in §101 and must be experienced in originating and servicing agricultural loans. 2. The lender must be qualified and in good standing under all state and federal laws applicable to lenders. 3. Within the past thre…
Chapter 1. General Provisions-117 Reports by Certified Small and Emerging Businesses
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A. Mandatory Reporting. By letter, or on forms which may be identified or prescribed by the SEBD Program, certified businesses shall continue to report every five years and at times specified by the SEBD Program their financial position and attainment of the business' performance…
Chapter 1. General Provisions-117 Borrowers
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A. Each borrower must be eligible to receive a loan with proceeds of LAFA bonds. See in particular definitions of principal user and related person contained in §101 hereof in order to make a determination as to each borrower's eligibility. B. Each borrower must be approved by th…
Chapter 1. General Provisions-119 Deception Relating to Certification of a Small and Emerging Business
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A. Any person found guilty of the crime of deception relating to certification of an SEB as provided in R.S. 51:944 will be discharged from the program and will not be eligible to reapply under the business name involved in the deception or any business with which such individual…
Chapter 1. General Provisions-119 Required Terms and Conditions for Loans Funded with Proceeds of LAFA Bonds
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A. The terms and conditions of each loan, except as required under this rule, shall be determined by the lender and the borrower, but are subject to LAFA approval prior to acceptance of the offer. B. Each loan must be secured by a promissory note (the loan note) in the full princ…
Chapter 1. General Provisions-121 License Fee; Laboratory and Sampling Fees
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A. Seed Dealer's License. The annual fee for a seed dealer’s license shall be $150. The seed dealer’s license shall be renewed annually, and is based on the fiscal year July 1 through June 30. B. Laboratory and Sampling Fees. The following laboratory and sampling fees shall be ap…
Chapter 1. General Provisions-121 Fees Required
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A. Application Fee 1. Each borrower must pay an application fee to cover LAFA's cost of processing the loan application. The application fee is non-refundable. 2. The application fee shall be paid by the borrower to the lender and transmitted to LAFA by the lender when the offer …
Chapter 1. General Provisions-123 Regulatory Fee on Seeds
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A. A regulatory fee of $0.30 for each 100 pounds of agricultural and vegetable seed sold, within this state shall be paid to the commission. The regulatory fee shall be due at the first point of sale in this state. However, the payment of a regulatory fee is not required upon the…
Chapter 1. General Provisions-123 Program Description; Procedures Required for Funding of Loans with LAFA Bond Proceeds
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A. Loan applicants (i.e., borrowers) will initially apply for a loan to a participating lender and must be approved by the lender. Borrowers must meet all eligibility criteria established by these regulations and by individual lenders for conventional agricultural loans. B. After…
Chapter 1. General Provisions-125 Certification, Field Inspection, and Sampling Fees
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A. All fees shall be paid before the requested work is performed, as follows. 1. All application fees and fees for inspections, re-inspections, sampling and re-sampling shall be paid at the time the application or request for work is submitted to LDAF, except for those crop kinds…
Chapter 1. General Provisions-125 Causes for Termination of Loan Purchase Agreement
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A. LAFA may terminate a loan purchase agreement with any lender in any of the following circumstances: 1. lenders failure to pay loan note repayments over to the trustee if such failure continues for a period of five days; 2. lenders failure to observe or perform in any material …
Chapter 1. General Provisions-127 Definitions
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A. The following definitions shall apply to §§127-137, which are sections pertaining to the Louisiana Agricultural Finance Authority Securitized Agricultural Revenue Bond Program. Act―the Louisiana Agricultural Finance Act, Chapter 3-B of Title 3 of the Louisiana Revised Statutes…
Chapter 1. General Provisions-129 Definition of Program
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A. Under the Act, the issuer is authorized to issue revenue bonds to alleviate the serious shortage of capital and credit available for investment in agriculture, for domestic and export purposes, at interest rates within the financial means of persons engaged in agricultural pro…
Chapter 1. General Provisions-131 Types of Loans to be Purchased or Made
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A. The issuer shall only purchase agricultural loans made by lenders or enter into repurchase obligations with certain national banks who will in turn make agricultural loans to borrowers. B. Acquisition of Eligible Loans 1. Moneys in the loan fund shall be used only for the acqu…
Chapter 1. General Provisions-131 Analysis Test; Labeling of Seed
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A. Every person whose name appears on the label of seed, except persons exempt pursuant to the authority of R.S. 3:1445, and who sells, transports, distributes, or offers or handles for sale agricultural, or vegetable, shall have a complete analysis test performed on the seed by …