349 sections in this chapter.
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 Stipulation of Facts
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A. Parties to an appeal, with consent of the administrative law judge, may jointly stipulate the facts, in advance, in writing, or at the hearing. The administrative law judge may decide the appeal on the basis of the stipulation or, if he deems necessary, he may hold a hearing a…
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-121 Hearings[Formerly 49:1.0130]
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A. Hearings prescribed in Section 637 of the Act shall be private and informal.
Chapter 1. General Provisions-121 Distinct Part Psychiatric Units
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A. Qualifying Criteria. Reimbursement of psychiatric services (including substance use treatment) provided by acute care general hospitals, long-term acute hospitals, children’s hospitals, and rehabilitation hospitals is allowable only for psychiatric services provided in distinc…
Chapter 1. General Provisions-121 Cost Reporting Requirements
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A. Effective July 1, 2012, the department shall implement mandatory cost reporting requirements for providers of home health services. The cost reports will be used to verify expenditures and to support rate setting for the services rendered to Medicaid recipients. B. Each home h…
Chapter 1. General Provisions-121 Production, Production Records, Production Tests
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A. All oil tendered to any transportation system shall be gauged and tested for B.S. and W. and temperature. For each and every transfer of oil from the lease tanks, the number of the on-seal and off-seal observed temperature, and the percent of B.S. and W. shall be recorded on e…
Chapter 1. General Provisions-121 Carry-Over Balances
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A. Funds obligated for any program year may be expended by each recipient or service delivery area grant recipient during that program year and the two succeeding program years with the following exceptions. 1. Title II-A and Title II-C―Reallotment and Reallocation Policy a. For …
Chapter 1. General Provisions-122 Depreciation and/or Use Allowance
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A. Compensation for the use of buildings, capital improvements, and equipment through use allowances or depreciation is allowable. Use allowances are the means of providing compensation in lieu of depreciation or other equivalent costs. However, a combination of the two methods m…
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-123 Medication Administration
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A. Vaccine Administration. The department shall provide coverage for administration of vaccines by a qualified pharmacist when: 1. the pharmacist has been credentialed by the Louisiana Board of Pharmacy to administer medications; and 2. the pharmacist is Medicaid-enrolled.
Chapter 1. General Provisions-123 Hearing Procedure
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A. Hearing held pursuant to these rules and regulations shall be conducted by the board, or by its designated hearing officer, in accordance with the rules and procedures set forth in Chapter 13 of Title 49 of the Louisiana Revised Statutes. 1. The chairman of the board or the vi…
Chapter 1. General Provisions-123 Oil and Gas Measurements
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A. Quantities of oil shall be computed from correctly compiled tank tables and no deduction shall be taken therefrom. Corrections shall be made for temperature to the basis of 60 degrees F in accordance with Table 6 in ASTM Designation: D 1250-IP Designation: 200. The full per ce…
Chapter 1. General Provisions-123 Disability Accommodations for Public Meetings
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A. The Louisiana Rehabilitation Services (LRS) is obligated to provide for participation in an open meeting via electronic means on an individualized basis by any person with a disability upon request. B. For purposes of this Chapter, a person with a disability is defined as any …
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 Hearing, Statements[Formerly 49:1.0140]
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A. Statements presented at such hearings shall be confined to matters relevant to the contemplated proceeding. Such statements may be presented by letter or in person by the person to whom the notice was given, or by his representative. In case such person holds a guaranty or und…
Chapter 1. General Provisions-123 Decision of Administrative Law Judge
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A. The administrative law judge shall render a decision as soon as reasonably possible on all issues involved. This decision will be in writing and will contain a statement of the facts found, the reasons therefor, and the conclusion reached. Copies of the administrative law judg…
Chapter 1. General Provisions-123 Private Employment Services Contract
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A. Applicant Contract Date:______ 1. This contract is entered into by and between , hereinafter referred to as the applicant and, hereinafter referred to as the Employment Service. 2. Should applicant accept employment with an employer or subsidiary to which the employment servic…
Chapter 1. General Provisions-123 Psychiatric Hospitals
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A. Qualifying Criteria. Reimbursement of inpatient psychiatric services (including substance use treatment) provided by freestanding psychiatric hospitals is allowable only if provided in psychiatric hospitals that meet the following criteria: 1. Medicare prospective payment syst…
Chapter 1. General Provisions-124 Building Space and Related Facilities
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A. The cost of space in privately or publicly owned buildings used for the benefit of the grant program is allowable subject to the conditions stated below. B. The total cost of space, whether in a privately or publicly owned building may not exceed the rental cost of comparable …
Chapter 1. General Provisions-125 Appeals to Board
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A. Any party aggrieved by the decision of the administrative law judge may, within the time and the manner specified in §109, file an application for appeal to the board. B. Upon receipt thereof, the board may, on the basis of the evidence previously submitted to the administrati…
Chapter 1. General Provisions-125 Finality of Board's Decision
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A. The decision of the board shall be final.
Chapter 1. General Provisions-125 Delegation of Authority
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A. It is the duty of the Commissioner of Conservation, or his agents, to make such changes in the monthly production and proration orders as may appear reasonably necessary for the purposes of safety, conservation, the prevention of waste, or the maintenance of proper gas/oil rat…
Chapter 1. General Provisions-125 Hearing, Request for Change in time or Place[Formerly 49:1.0150]
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A. The time or place, or both, appointed in the notice affording opportunity for a hearing under Section 637 of the Act, may be changed, upon request, reasonably made, addressed to the State Health Officer, by the person to whom the notice has been given, or by his representative…
Chapter 1. General Provisions-125 Financial and Programmatic Monitoring and Record Retention
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A. The recipient reserves the right to monitor the financial and programmatic operations of all service delivery area grant recipients. The service delivery area grant recipients shall comply with the record retention requirements at 20 CFR 627.460.
Chapter 1. General Provisions-125 Rehabilitation Hospitals
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A. Qualifying Criteria. Reimbursement of inpatient rehabilitation services provided by freestanding rehabilitation hospitals is allowable only if provided in rehabilitation hospitals that meet the following criteria: 1. Medicare prospective payment system (PPS) exempt rehabilitat…
Chapter 1. General Provisions-125 Private Employee Service Contract for Sitters/Nurses
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A. PES Contract 1. This agreement entered into this date ___________ between _________________ hereinafter referred to as REGISTER and _______________________ hereinafter referred to as the applicant. Should I accept employment with an employer to which ________________has referr…
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-126 Insurance Costs
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A. Costs of insurance in connection with the general conduct of activities under the program, including but not limited to workers' compensation insurance, insurance for injuries suffered by participants who are not covered by workers' compensation, personal liability insurance f…
Chapter 1. General Provisions-127 Bottomhole Pressure
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A. The commissioner shall have the authority to require bottom-hole pressure surveys of the various fields at such times as he may designate. However, operators shall be required to take bottom-hole pressures in those wells only which are not likely to suffer any injurious effect…
Chapter 1. General Provisions-127 Collection of Samples[Formerly 49:1.0160]
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A. When any officer or employee of the department collects a sample of food, drug, cosmetic or device, for examination and investigation under the Act, the sample is collected from a shipment or other lot of the article which is displayed, offered for sale, held, stored or transp…
Chapter 1. General Provisions-127 Appeal
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A. An appeal from an adverse final decision of the board, as to liability under the Act or the amount of such liability or both, may be taken by the aggrieved party provided such appeal is filed, pursuant to the provisions of R.S. 23:1378.E.
Chapter 1. General Provisions-127 Long-Term Hospitals
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A. Qualifying Criteria. Reimbursement as a long-term hospital is only allowable for inpatient services provided in hospitals that meet the Medicare prospective payment system (PPS) exempt long-term hospital criteria in 42 CFR 412.23(e) and other applicable Medicare guidelines.
Chapter 1. General Provisions-127 Notification of Appeal
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A. All applications for appeals shall be acknowledged and the opposing party shall be duly notified.
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-127 Inventory Control
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A. Property purchased or assumed under the Act must be maintained in an efficient and effective manner and shall not be used for purposes other than the Act. Service delivery area grant recipients shall obtain written approval from the recipient prior to the disposition of proper…
Chapter 1. General Provisions-127 Private Employment Services Contract for Applicant Escrow Account
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A. Private Employment Services Contract 1. This contract is entered into by and between _________________ hereinafter referred to as the applicant and (name of private employment service) hereinafter referred to as the employment service. Acceptance means agreement by applicant w…
Chapter 1. General Provisions-128 Taxes
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A. In general, taxes or payments in lieu of taxes which the recipient/subrecipient is legally required to pay are allowable.
Chapter 1. General Provisions-129 Owner of the Lot[Formerly 49:1.0170]
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A. The owner of a food, drug, or cosmetic, of which an official sample is collected, is the person who owns the shipment or other lot of the article from which the sample is collected.
Chapter 1. General Provisions-129 Contractual Agreement
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A. The service delivery area grant recipients may enter into contractual agreements with any profit and/or nonprofit organization. Service delivery area grant recipients will be responsible for their subrecipients' financial and programmatic operations and will insure compliance …
Chapter 1. General Provisions-129 Severability Clause
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A. These rules and each of their provisions are hereby declared to be severable, one from another. If any provision or item of a rule, or the application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications of the rule which can be g…
Chapter 1. General Provisions-129 Stenographic Record of Hearing
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A. At the expense of and at the written request made not less than five days prior to the date set for the hearing by any person affected by the hearing, the board or the person designated by it to hold the hearing shall cause a full stenographic record of the proceedings to be m…
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-129 Decision of the Board
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A. The board shall, as soon as possible, announce its decision, including its findings of fact and conclusions in support thereof, or it may adopt the decision of the administrative law judge as its own. B. The decision shall be in writing and shall be signed by the members of th…
Chapter 1. General Provisions-130 Preagreement Costs
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A. Costs incurred prior to the effective date of the grant or contract, whether or not they would have been allowable thereunder if incurred after such date, are allowable when specifically provided for in the grant agreement.
Chapter 1. General Provisions-131 Bonding
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A. Every officer, director, agent or employee of a service delivery area grant subrecipient of JTPA funds on a cash advance basis, who is authorized to act on behalf of a service delivery area grant recipient for the purpose of receiving or depositing funds into program accounts …
Chapter 1. General Provisions-131 Docket
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A. When a hearing is instituted, it shall be assigned a number and entered with the date of its filing on a separate page of docket provided for such purpose. The board shall establish a separate file for each such docketed case, in which shall be systematically placed all papers…
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 …
Chapter 1. General Provisions-131 Issuance of Subpoenas
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A. Requests for subpoenas must be submitted in writing. They shall contain the name and address of the witness and a statement of what is intended to be proven by his or her testimony. Such request must be received by the administrative law judge or board at least 72 hours prior …