Chapter Chapter 1. General Provisions

A. These regulations supersede and replace PPM 63 (LAC 4:V.Chapter 25) and all other previous regulations and exceptional permissions, both written and verbal. Any exclusion request shall be submitted to the commissioner through the state fleet manager for consideration. Any excl…

These regulations replace in their entirety the following rules, regulations, and/or orders. A. "A Regulation Requiring the Submission of Reports for the Discharge of Industrial Waste and for the Construction or Alteration of Treatment Works"―adopted August 1, 1951. B. "Rule Rela…

A. The board shall perform the duties and functions as authorized by the provisions of these regulations and the regulatory authority with respect to the regulation of sports wagering as provided by R.S. 27:1 et seq.

A. Definitions. As provided in R.S. 11:1635(E), the following definitions are provided or revised. 2009 RMDs of a Participant or Beneficiary⎯amounts that the participant or beneficiary would have been required to receive as a required minimum distribution under IRC §401(a)(9) for…

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.

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 …

A. Except as otherwise expressly provided in these rules, two members of the board shall constitute a quorum, until January 1, 1989, at which time three members will constitute a quorum, as per Act R.S. 23:1652 of the 1988 Regular Session of Louisiana Legislature. In the absence …

A. Terms not otherwise defined in this Chapter shall have the same meaning given to them in R.S. 39:2171 et seq., unless the context clearly requires otherwise. B. In this Chapter, the following terms shall have the meanings provided herein, unless the context clearly indicates o…

A. A PACE organization must have a fiscally sound operation, as demonstrated by: 1. total assets greater than total unsubordinated liabilities; 2. sufficient cash flow and adequate liquidity to meet obligations as they become due; and 3. a net operating surplus or a financial pla…

A. When used in these regulations, the following terms shall have meanings as set forth below. Applicant―an individual, firm or business that seeks to be certified as a small entrepreneurship. Certification―the determination and acknowledgement that a business qualifies for desig…

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…

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.

A. As provided in R.S. 11:1457(C), the following definitions are revised. 2009 RMDs of a Participant or Beneficiary⎯amounts that the participant or beneficiary would have been required to receive as a required minimum distribution under IRC §401(a)(9) for the 2009 distribution ca…

At Risk Population―people who fall within the following non-exclusive categories: 1. those without means of personal transportation; 2. the infirm who are not living in a public or private health care facility; 3. nursing home residents; 4. private hospital patients; 5. other spe…

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…

A. All new retirees and beneficiaries are required to have their monthly benefits electronically deposited into an account at a financial institution. B. To facilitate electronic payment of benefits, a retiree/beneficiary must provide a copy of their Social Security card, name, c…

A. The following forms are prescribed for use as required by the Workers' Compensation Act and these rules. 1. Form LW-WC-IA-1, Employer's First Report of Injury or Illness, shall be filed with the employer's insurer when required by R.S. 23:1306. Failure to file this form as req…

IMAC―Intrastate Mutual Aid Compact. First Responder―those individuals who in the early stages of an incident are responsible for the protection and preservation of life, property, evidence, and the environment, including emergency response providers as defined in Section 2 of the…

A. By reference, all of the definitions set forth and contained in Chapter 13 of Title 49 of the Louisiana Revised Statutes, inclusive, are incorporated herein, and for the purpose of hearings to be held hereunder, the following definitions shall prevail.. Applicant―the employer …

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. …

A. The Louisiana Medicaid Pharmacy Benefits Management System (LMPBM) includes a Point-of-Sale/Prospective Drug Utilization Review component. B. The Louisiana Department of Health reserves the right for ultimate decision making relative to certain drug class information and drug …

A. For purposes of R.S. 27:81.A, a person who furnishes significant services which are material and integral to the operation of a licensed riverboat shall include, but not be limited to: 1. any individual, corporation, firm, partnership, or other legal entity that furnishes, by …

A. Within one year after the first payment of either compensation or medical benefits, the employer or his insurer, whichever of them makes the payments or becomes liable therefor, shall notify the board in writing of such facts and furnish such other information as may be requir…

A. Administrative Review 1. The administrative review is a process which may be used by applicants/clients (or as appropriate the applicant's/client's representative) for a timely resolution of disagreements. However, this process may not be used as a means to delay a fair hearin…

A.1. No board member or employee shall engage in gaming activities in any establishment under the jurisdiction of the board, except as required in the course of his duties. 2. No board member or employee shall solicit or accept employment from a casino operator or from any licens…

A. As provided in R.S. 40:2704, any person is exempt from the provisions of these regulations to the extent that such person: 1. uses equipment which emits ultraviolet radiation incidental to its normal operation; 2. does not use the equipment described in Paragraph 1 of this Sub…

Act⎯Act 142 of 1936 as amended by Act 185 of 1942, unless the text clearly indicates a different meaning. All definitions and interpretations of terms given in the Act shall be applicable also to such terms when used in these regulations. Analysis—includes examinations and tests.…

A. Severability 1. Nothing contained in these regulations shall be so construed as to conflict with any provision of the Act or any other applicable statute. If any regulation is held invalid by a final order of a court of competent jurisdiction at the state or federal level, suc…

A. These rules are adopted and promulgated to ensure that the Patient’s Compensation Fund is organized, administered, and operated on a financially and actuarially sound basis so as to achieve the purpose for which it was established, by providing that qualification for enrollmen…

A. The service delivery area grant recipient shall prepare expenditure reports in accordance with procedures established by the recipient. These reports shall be on an accrual basis and conform to federal and state requirements in regard to the Act.

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 …

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 …

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 …

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 …

A. Severability 1. Nothing contained in these regulations shall be so construed as to conflict with any provision of the Act or any other applicable statute. If any regulation is held invalid by a final order of a court of competent jurisdiction at the state or federal level, suc…

A. The district office shall be supplied with available field maps showing lease lines and well locations for all producing areas within the district, such maps to be provided by persons or companies operating in the field, on request of the commissioner or his agent. B. Electric…

Act―Act 449 of the 1979 Louisiana Legislature which established Section 2001 et seq., of Title 30 of the Louisiana Revised Statutes of 1950 and any subsequent amendment to these Sections. Activity―any conduct, operation or process which causes or may cause the discharge of pollut…

A. Withdrawn Accumulated Contributions May be Repaid 1. Repayment Permitted a. Member contributions that have been refunded to the member upon his termination of employment before qualifying for retirement benefits under the DARS may be repaid to DARS by the member upon his reemp…

A. Whenever these rules prescribe a time for the performance of any act, except as provided in §109, Saturdays, Sundays and legal holidays (half holiday is considered a legal holiday) in the state of Louisiana shall count as any other days, except that when the time prescribed fo…

Pursuant to the provisions of R.S. 30:2011, the administrative authority shall make such investigations as are necessary and proper to carry out the purposes of the Louisiana Environmental Quality Act and in connection therewith. A. Private Conference Method. In the event that co…

A. Induced deliveries and cesarean sections shall not be reimbursed when performed prior to 39 weeks gestation. This shall not apply to deliveries when there is a documented medical condition that would justify delivery prior to 39 weeks gestation.

A. No employment service, employment service manager, and/or consultant shall engage in the following conduct: 1. advertise or use letterheads, receipts, or other written or printed matter unless such materials contain the name of the employment service, as registered with and li…

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…

A. The medication must be prescribed by a practitioner who is authorized to prescribe under state law. The national drug code (NDC) must be identified on each pharmacy claim for reimbursement. Prescription drugs considered for payment are subject to rebates from manufacturers as …

Full-Time—regularly scheduled to work a minimum of 35 hours per week.

A.1. Any person against whom an administrative action is proposed, and any person against whom an enforcement action is taken, may request a hearing by filing a written request with the board. The request shall be filed within 10 days of service of the notice of proposed action, …

A. Qualified rollovers of accumulated employee contributions require a certification from the receiving financial institution that the institution is qualified to receive the rollover.

A. The board shall conduct such investigations, order such hearings and take such other actions as it finds necessary to make an intelligent decision on the claim. At least 30 days prior to the date of the board meeting at which a decision on the claim is to be made, all interest…

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. …

A. Any regulation pertaining to the doing of any act shall also apply to the causing of such act to be done.