Louisiana Administrative Code

A. Authorization. The department is authorized by Chapter 10 of the Act to declare a site abandoned after appropriate procedures are followed, to impose liens on such property, and to take investigation and remediation actions at such property as the department determines necessa…

A. Liens against Property Declared Abandoned by the Department 1. In accordance with R.S. 30:2225(F)(1) the administrative authority, by recording the declaration of abandonment in the mortgage records of the parish where the property is located, may create a lien against the pro…

A. Purpose. To establish the secretary's policy regarding searches of visitors at state correctional facilities and to set forth the procedures to be followed when searching visitors. B. Applicability. Deputy Secretary, Chief of Operations, Assistant Secretary, Regional Wardens a…

A. Purpose. To establish the secretary's commitment to compliance with the Americans with Disabilities Act and related legislation as it pertains to services for offenders and to establish formal procedures regarding reasonable accommodations for those offenders. B. Applicability…

A. Purpose. To establish procedures to provide auxiliary aids and services whenever necessary to ensure effective communication with qualified individuals with disabilities. B. Applicability. Deputy Secretary, Undersecretary, Chief of Operations, Assistant Secretary, Regional War…

A. Purpose. This department regulation governs inmate mail and publication privileges at all adult facilities. B. Applicability: deputy secretary, undersecretary, chief of operations, regional wardens, and wardens. Each warden shall ensure appropriate unit written policies and pr…

Editor's Note: §314, Telephone Use and Policy on Monitoring of Calls―Juvenile, has been moved to

A. Purpose—to establish the protocol through which offenders may receive visits from persons outside the department in order to preserve family ties and relationships in the community while maintaining safe, secure and orderly management and operation of the institution. B. Appli…

A. Purpose―to provide uniform procedures for the approval and conduct of visits by attorneys to offenders. B. Applicability―deputy secretary, chief of operations, regional wardens and wardens. Each warden is responsible for ensuring that appropriate unit written policy and proced…

A. Purpose—this department regulation states the secretary’s policy regarding the restoration of previously forfeited good time for disciplinary violations for offenders who have demonstrated satisfactory progress in faithfully observing the disciplinary rules and procedures for …

A. Purpose—pursuant to Act No. 340 of the 2014 Regular Session, to provide a consistent and reliable decision-making process for assessing the risk of certain offenders to commit another crime if released from incarceration. This process shall also be designed to enhance the moti…

A. Purpose—to state the procedures governing special agent appointments and the duties of special agents. B. Applicability—deputy secretary, assistant secretary, chief of operations, regional wardens, wardens, director of probation and parole, director of prison enterprises and t…

A. Purposeto constitute the department's "administrative remedy procedure" for offenders as a regulation. B. Applicabilitydeputy secretary, chief of operations, regional wardens, wardens, and sheriffs or administrators of local jail facilities. Each unit head is responsible for…

A. Purpose. To establish the secretary's policy concerning offender marriage requests. B. Applicability. Deputy Secretary, Chief of Operations, Assistant Secretary, Regional Wardens, and Wardens. Each warden is responsible for ensuring that appropriate unit written policy and pro…

A. Purpose. This department regulation governs payment of incentive pay and other wage compensation to inmates. B. Applicability—deputy secretary, undersecretary, chief of operations, director of prison enterprises, regional wardens, and wardens. Each warden and the director of p…

A. Purpose⎯to state the department's procedures for providing sex offender treatment plans and programs as set forth pursuant to the laws of this state. B. Applicability⎯deputy secretary, chief of operations, department's medical/mental health director, director, Regional Directo…

A. Purpose—to state the general guidelines regarding department policies aimed at maintaining informative relationships with the public, the media and other agencies. B. Applicability—deputy secretary, undersecretary, chief of operations, regional wardens, wardens, Director of Pr…

A. Purpose—to state the secretary’s policy regarding a disaster remediation program for eligible inmates to participate in emergency disaster relief efforts and to provide procedures regarding housing for those inmates who participate in such relief efforts. B. Applicability—depu…

Editor’s Note: This Section contains rules formerly printed in LAC 22:I.341, 343, 345, 347, 349, 351, 353, 355, 357, 359, 361, and 363. A. Purpose—this department regulation constitutes the department’s Disciplinary Rules and Procedures for Adult Inmates as a regulation. B. Appli…

§315. Telephone Use and Policy on Monitoring of Calls A. Purpose—to state the secretary's policy regarding the use of telephones by offenders and the monitoring of offender telephone calls at all adult institutions. B. Applicability—Deputy Secretary, Chief of Operations, Regional…

A. All notices, petitions, documents, or other correspondence to the commission or the commissioner shall be addressed and mailed to Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Advisory Commission on Pesticides, 5825 Florida Blvd, Ba…

A. The chairman shall serve a term of one year or until a successor is elected. In the absence of the chairman, the vice-chairman shall preside. In the absence of both the chairman and the vice-chairman, the chairman's duly appointed representative shall preside.

A. Each member being considered for expulsion and his sponsoring group, if any, shall be notified of the upcoming action at least 15 days before the commission meeting at which the action is to be considered. This notice shall be by certified mail. The commission may excuse an ab…

A. Any interested person may, pursuant to R.S. 49:953(C), request the commissioner adopt, amend, or repeal a rule (“rule change”) that the commissioner has the authority to make. B. A request for a rule change shall be in writing, be signed by the person making the request, and s…

A. This rule provides for the filing and prompt disposition of petitions or requests for declaratory orders and rulings as to the applicability of any statutory provision or as to the applicability or validity of any rule or order of the agency, as required by R.S. 49:962 and 49:…

A. DOTD is responsible for developing public aviation facilities in the state, fostering air commerce, promoting aeronautics statewide, and protecting the health and safety of those engaged in aeronautics. Assistance with the planning, design, construction, and inspection of faci…

A. Federal funding for projects is received through grants from the FAA directly to the recipient airport sponsor. Under the Airport Improvement Program (AIP) a minimum of 90 percent of project funds are federal. Occasionally, the FAA may offer a grant requiring a local match of …

A. The primary objective of the priority system is to prioritize airport improvement projects. Nonprioritized projects are not included in the priority system as individual projects, but are funded through approved amounts for each category of project. Differences in the criteria…

A. The prioritization of a project is a two-step process. The first step is to determine whether the project should be included in the priority process. The second step is to determine whether the information necessary for prioritization is available. 1. Project Pre-Applications.…

A. Through the legislative approval process for the Priority Program, DOTD may specify nonprioritized programs as needed on the Priority Program. 1. Such statewide programs may include, but are not limited to: planning, navigational aids, discretionary projects, maintenance reimb…

A. One of the basic objectives of a priority process is to identify projects that benefit the highest number of aviation system users; however, it primarily identifies projects that have the greater need, even if the airport serves less users than another airport. When airports a…

A. The preliminary evaluation is used to screen potential projects and determine those that can realistically be implemented, assuming funding is available. 1. The first step is to determine whether the project should be included in the priority process. There are three basic cri…

A. Once it has been determined that a project is of the type and cost to be considered in the priority system, an evaluation of required supporting documentation will be made. The project application support documentation is a combination of documents and information necessary fo…

A. There are four categories of evaluation. The categories are as follows: 1. Category I―project type; 2. Category II―facility usage; 3. Category III―sponsor compliance; 4. Category IV―special considerations. B. Points are awarded to a project based on evaluation criteria in each…

A. This category is designed to segregate projects by type, defined by the primary purpose of the project. To accomplish this, four subcategories have been designated for project type. These subcategories are: 1. safety; 2. airside preservation; 3. airside improvements; and 4. la…

A. This category weighs the use of an airport relative to the use of other airports in the system. The basic objective is to support projects that serve the most aviation users. This objective has to be balanced with DOTD’s goals of maintaining a viable statewide system of public…

A. The “sponsor compliance” category evaluates how effectively the airport owners are operating the airport with respect to established standards and good management practices. Several areas are evaluated in this category that are critical to providing safe and efficient public s…

A. The first three evaluation categories cover those evaluation areas (project type, facility use, and sponsor compliance) for which all projects prioritized will receive an evaluation score. The "special considerations" category allows projects of special significance to receive…

A. An airport that is constructed on a new site presents different prioritization issues than improvements to existing airports. Generally, a new airport will fall into either of two categories. 1. First, an airport that is proposed for an area of the state not served by a public…

A. Once a determination has been made by DOTD that a project is eligible to be included in the prioritization system, the project will be prioritized using the rating system. The preliminary evaluation of the project should provide the information necessary to complete the proces…

A. After the total evaluation score for a project is determined, it is entered into a priority ranking system and its relative ranking is determined. This system ranks projects by descending score in the commercial service airport or general aviation airport priority program, as …

A. The list of projects for air carrier and general aviation airports, prioritized by evaluation score, represent the program of projects that DOTD will implement through its development program. The actual number of projects from each list that will ultimately be constructed is …

A. Special consideration for projects that will receive FAA funding is included in the priority system. The priority system is a listing of the projects in the order that the state considers implementation desirable based on the state's overall aviation development policies. B. T…

A. The GAAC Pilot Program is a program designed to enhance the economic impact, development, and marketing strategies of the general aviation airports who elect and are approved to participate in the program. This shall be an opt-in program, which means the airport sponsor has th…

A. Exhibit 1 Exhibit 1 Category I―Project Type Points A. Safety―Projects Directly Affecting Operational Safety 50 Correction of runway failures severe enough to be an obvious safety problem. Runway friction surface or grooving or other action directly related to safety. Primary r…

A. For purposes of this Chapter, the following terms have the meanings ascribed to them. Alternative Dispute Resolution⎯procedures for settling disputes by means other than litigation. Arbitration⎯a binding process in which the department and taxpayer submit disputed issues and e…

A. The disputed issue(s) may be resolved by arbitration as agreed upon by the taxpayer and the department.

A. The secretary may select cases whose total value as of the date of selection for binding arbitration is less than $1 million. Once a case has been selected for arbitration, notice will be sent to the taxpayer regarding the selection within 30 days. B. The taxpayer may give wri…

A. Individuals, Partnerships, and Corporations. Any individual taxpayer participating in arbitration with the department may appear and act for himself or for a partnership of which he is a partner with authority to act on behalf of the partnership's members. A corporation, limit…

A. The department will maintain a registry of arbitration companies authorized to participate in the alternative dispute resolution process.