349 sections in this chapter.
Chapter 1. General Provisions-103 Definitions
0.5K chars
A. For the purposes of these rules, the following definitions apply. Act—the Louisiana Workers' Compensation Law, Chapter 10, R.S. 23. Carrier—unless otherwise indicated, insurance companies, self-insured employers and group self-insured employers. Clerk—the clerks of the distric…
Chapter 1. General Provisions-103 Functions of the Fleet Management Program
25.1K chars
A. In accordance with the responsibilities and authority vested in the Commissioner of Administration by Sections 361 and 362 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, inter-agency management of state-owned vehicles is the responsibility of the Division o…
Chapter 1. General Provisions-103 Definitions
4.5K chars
A. The words defined herein shall have the following meanings when used in these Rules and Regulations for this Subpart. All other words used and not defined shall have their usual meanings unless specifically defined in Title 38 of the Louisiana Revised Statutes. Aquifer―a groun…
Chapter 1. General Provisions-103 Declaratory Orders and Rulings
2.8K chars
A. The Office of Preventive and Public Health Services (OPPHS) shall entertain petitions for declaratory orders and rulings as to the applicability of any statutory provision, the enforcement of which is under the jurisdiction of this agency, or any rule or order of this agency, …
Chapter 1. General Provisions-103 Goals and Objectives
1.2K chars
A. The goals of these regulations are: 1. to protect citizens who cannot protect themselves when threatened or endangered by a weather event or disaster; 2. to reduce loss of life due to impediments to self-evacuation from a weather event or disaster; 3. to protect essential work…
Chapter 1. General Provisions-103 Source and Authority
0.2K chars
A. These rules are promulgated by the board to provide for and implement its authority and responsibility to administer and defend the Patient’s Compensation Fund pursuant to the Louisiana Medical Malpractice Act (the Act), R.S. 40:1299.41-1299.48.
Chapter 1. General Provisions-103 Hearings on Rule 102 Disputes
1.8K chars
A. Any person required to be licensed or permitted by the department by authority of the Louisiana Gaming Control Law, 1996 Acts, First Extraordinary Session, Number 7, enacting R.S. 27:1 et seq., and whose license or permit, or the renewal thereof, has been denied by the departm…
Chapter 1. General Provisions-103 Application to Drill
7.2K chars
A. All applications for permits to drill wells for oil or gas or core test wells below the fresh water sands shall be made on Form MD-10-R or revisions thereof, and mailed or delivered to the district office. These applications, in duplicate, shall be accompanied by three copies …
Chapter 1. General Provisions-103 Authority[formerly LAC 49:I.1303]
0.2K chars
A. These regulations are promulgated under authority of the Tanning Facility Regulation Act comprising R.S. 40:2701 through 2719 (Act No. 587 of 1990), as amended by Act No. 193 of 2014.
Chapter 1. General Provisions-103 Administration of LAFA's Affairs
1.0K chars
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 Inventory Classification Codes
0.9K chars
A. A listing of items of state property alphabetized by their commonly used names will be developed and maintained by the Louisiana Property Assistance Agency director or his designee. A code number representing each item will be designated. These codes and only these codes are m…
Chapter 1. General Provisions-103 Organization Application and Evaluation
0.8K chars
A. A PACE organization shall be licensed as an adult day health care (ADHC) provider. B. If a PACE organization uses their own staff to provide personal care attendant (PCA) services to PACE participants, the PACE organization shall acquire a home and community‒based services (HC…
Chapter 1. General Provisions-103 Authority
0.1K chars
A. These rules are adopted pursuant to R.S. 39:140-143 and R.S. 39:1751-1755.
Chapter 1. General Provisions-103 Recipient Criteria
0.9K chars
A. In order to qualify for ABA-based therapy services, a Medicaid recipient must meet the following criteria. The recipient must: 1. be from birth up to 21 years of age; 2. exhibit the presence of excesses and/or deficits of behaviors that significantly interfere with home or com…
Chapter 1. General Provisions-103 Actuarial Equivalent
3.1K chars
A. Effective July 1, 2013 and continuing through June 30, 2015, as provided by R.S. 11:1588(A) actuarial equivalent shall be defined by using the following assumptions. 1. Interest shall be compounded annually at the rate of 7.5 percent per annum. a. For single life option factor…
Chapter 1. General Provisions-103 Definitions
8.5K chars
A. The provisions of the Act relating to definitions, words and terms are hereby incorporated by reference and made a part hereof and will therefore apply and govern the interpretation of these regulations, unless the context otherwise requires or unless specifically redefined in…
Chapter 1. General Provisions-103 Domicile of Board, Time of Meeting, Special Meetings
0.3K chars
A. The board shall be domiciled in Baton Rouge, Louisiana. It shall hold its regular meeting on the first Thursday of each month, or, in the case of a state or federal holiday, an alternative day within the 45-day window. Special meetings may be called upon giving three days' adv…
Chapter 1. General Provisions-103 Authority
0.2K chars
A. These regulations are promulgated under authority of the Louisiana Environmental Quality Act (R.S. 30:2001 et seq.) by order of the Secretary of the Department of Environmental Quality.
Chapter 1. General Provisions-103 Eligible Rollover Distribution
1.3K chars
A. Within a reasonable period of time before making an eligible rollover distribution, the executive director or the assistant executive director of the fund shall provide a written explanation to the recipient of such a distribution explaining the following: 1. the provisions un…
Chapter 1. General Provisions-103 Scope and Severability
0.8K chars
A. Scope. These regulations and air quality standards and emission limitations apply to any source of emissions existing partially or wholly within the state of Louisiana. B. Severability. If any provision of any of the sections of the regulations of the administrative authority …
Chapter 1. General Provisions-103 Actuarial Equivalent
3.2K chars
A. As provided under R.S. 11:1402(8), actuarial equivalent shall be defined using the following assumptions. 1. Interest shall be compounded annually at the rate of 7 1/2 percent per annum. 2. Annuity rates shall be determined on the basis of RP2000 combined healthy table set bac…
Chapter 1. General Provisions-103 Enabling Legislation
0.9K chars
A. The Rehabilitation Act Amendments of 2014, as amended through P.L. 114-95, enacted December 10, 2015, Workforce Innovation and Opportunity Act. B. Code of Federal Regulations. Volume 34, Sections 361, 363, 367, 370, and 397. Volume 45, Section 1329. C. Louisiana Revised Statut…
Chapter 1. General Provisions-103 Purpose
0.7K chars
A. The purposes and intent of this program are to provide the maximum opportunity for Small Entrepreneurships to become so certified as "Veteran-owned small entrepreneurship" or "Service-connected disabled veteran-owned small entrepreneurship" and thereby become eligible to parti…
Chapter 1. General Provisions-103 Operational Mandates
2.3K chars
A. A licensee must file with the assistant secretary a bond written by a surety company authorized to do business in this state for each licensed office in the sum of $5,000. The beneficiary of said bond shall be the assistant secretary. An approved bond form (OOL-2) must be exec…
Chapter 1. General Provisions-103 Definitions
3.3K chars
A. The following definitions shall apply in this Part. Direct Rollover―a payment by the plan to the eligible retirement plan specified by the distributee. Distributee―includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and th…
Chapter 1. General Provisions-103 Definitions
7.3K chars
A. The provisions of the Act relating to definitions, words and terms are hereby incorporated by reference and made a part hereof and will therefore apply and govern the interpretation of these regulations, unless the context otherwise requires or unless specifically redefined in…
Chapter 1. General Provisions-103 Purpose
0.3K chars
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 Rulemaking Procedures and Commentary
6.4K chars
A. All rules of the board shall be adopted, amended or repealed in accordance with the Administrative Procedure Act. B. The board, on its own motion or in response to the petition of any interested person, may request the adoption, amendment, or repeal of a rule pursuant to R.S. …
Chapter 1. General Provisions-103 Services
0.5K chars
A. Voice evaluation or voice therapy coverage is excluded from the Title XIX Medical Assistance Program. This includes instructions in use and hygiene of the voice as treatment for vocal cord nodules or hoarseness, and related conditions, unless it is serious enough to interfere …
Chapter 1. General Provisions-103 Board Membership
1.7K chars
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 Time and Place of Meeting of the Board
0.4K chars
A. All meetings of the board shall be called by the chairman or by a majority of the board. The chairman shall notify the members of the board of any meeting in writing at least three days in advance, unless such notice is waived by the members. All meetings shall be held at the …
Chapter 1. General Provisions-103 Request for Adoption, Amendment, or Repeal of a Rule
1.9K chars
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 Submission of a Rulemaking Petition
1.0K chars
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-103 Purpose
0.5K chars
A. The purposes and intent of this program are to provide the maximum opportunity for small entrepreneurships to become so certified as small entrepreneurships and thereby become eligible to participate in a competitive modern business economy, to facilitate their access to state…
Chapter 1. General Provisions-103 Requirements for Home Health Services[Formerly LAC 50:XIX.103]
1.2K chars
A. Home health services shall be based on an expectation that the care and services are medically reasonable and appropriate for the treatment of an illness or injury, and that the services can be performed adequately by the agency in the recipient's home or place of residence. F…
Chapter 1. General Provisions-103 Purpose and Scope
0.7K chars
A. The purpose of these regulations is: 1. to establish an agreement for providing governmental services and resources in preparation for, response to and recovery from any disaster resulting in a formal declaration of emergency; and 2. to provide an easily accessible source of i…
Chapter 1. General Provisions-103 Electronic Meeting Requirements and Limitations
0.4K chars
A. A schedule of meetings identifying which will be conducted via electronic means and which will be conducted as in-person meetings shall be posted on the agency’s website at wlf.louisiana.gov. B. All members of the Wildlife and Fisheries Commission, whether participating from t…
Chapter 1. General Provisions-104 Financial Security
8.5K chars
A. Unless otherwise provided by the statutes, rules and regulations of the office of conservation, financial security shall be required by the operator of record (operator) pursuant to this Section for each applicable well as further set forth herein in order to ensure that such …
Chapter 1. General Provisions-104 Delegation to Chairman
1.7K chars
A. The chairman is authorized to exercise all powers and authority of the board except that the chairman shall not: 1. enter into contracts in excess of $100,000; 2. adopt rules; 3. enter into the casino operating contract on behalf of the Louisiana Gaming Control Board, provided…
Chapter 1. General Provisions-105 Accounting Procedures
0.3K chars
A. Accounting for JTPA funds must be on an accrual basis in accordance with generally acceptable accounting principles. In accordance with §627.430(g)(2) of the regulations, a recipient/subrecipient shall not be required to maintain a separate bank account but shall separately ac…
Chapter 1. General Provisions-105 Patient’s Compensation Fund: Description
1.0K chars
A. The Patient’s Compensation Fund is a special fund established by R.S. 40:1299.44, funded by surcharges paid by private health care providers enrolled with the fund, to provide just compensation to patients suffering loss, damages, or expense as the result of professional malpr…
Chapter 1. General Provisions-105 Enforceability of Subpart 1―Ground Water Management
0.4K chars
A. All provisions of this Subpart are enforced pursuant to Louisiana's Ground Water Management Law, R.S. 38:3097.1, et seq. Violation of any statute, regulation, rule, or order issued or promulgated pursuant to these laws may result in the issuance of an order requiring complianc…
Chapter 1. General Provisions-105 Scope[Formerly 49:1.0020]
1.2K chars
A. The provisions of regulations promulgated under the State Food, Drug and Cosmetic Act with respect to the doing of any Act shall be applicable also to the causing of such Act to be done. B. The definitions and interpretation of terms contained in Section 602 of the Louisiana F…
Chapter 1. General Provisions-105 Forms
1.6K chars
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…
Chapter 1. General Provisions-105 Nonexclusion
0.4K chars
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…
Chapter 1. General Provisions-105 Medicaid Pharmacy Benefits Management System Point of Sale—Prospective Drug Utilization Program
5.0K chars
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 …
Chapter 1. General Provisions-105 Repeals
0.9K chars
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…
Chapter 1. General Provisions-105 Definitions[formerly LAC 49:I.1305]
2.8K chars
Act⎯Tanning Facility Regulation Act, 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. Authorized Agent⎯an employee of the department designat…
Chapter 1. General Provisions-105 Definitions
1.0K chars
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…
Chapter 1. General Provisions-105 Gaming Control Board; Duties and Powers
0.2K chars
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.