26,490 sections across 2,319 Louisiana regulatory chapters.
Chapter 3. Alternative Dispute Resolution Procedures-311 Time Delay for Providing Names of Arbitrators
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A. As soon as practical, but not more than 30 business days after consent of the parties to participate in arbitration, the department will send to the taxpayer or the taxpayer's representative the names of potential arbitration companies to provide case management services for t…
Chapter 3. Alternative Dispute Resolution Procedures-313 Selection of Arbitration Company
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A. The department and taxpayer will select an arbitration company from the Registry maintained by the department. The arbitration company will select the arbitrator to preside over the matter.
Chapter 3. Alternative Dispute Resolution Procedures-315 Disclosure of Conflict of Interest
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A. An arbitrator must have no official, financial, or personal conflict of interest with any issue or party in controversy unless the conflict of interest is fully disclosed, in writing, to all parties and all parties agree, in writing, that the person may continue to serve. If a…
Chapter 3. Alternative Dispute Resolution Procedures-317 Procedures for Arbitration
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A. The arbitrator will take necessary steps to avoid delay and to achieve a just, speedy, and cost-effective resolution. The department and taxpayer will cooperate in the exchange of documents, exhibits, and information within either party's control. In addition, the department a…
Chapter 3. Alternative Dispute Resolution Procedures-319 Discovery
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A. The arbitrator will set forth the conditions of discovery. Any extensions of discovery must be in writing and approved by the arbitrator.
Chapter 3. Alternative Dispute Resolution Procedures-321 Arbitration Hearing
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A. In order to facilitate the arbitration process, the selected arbitrator will conduct hearings. Each party will be given an opportunity to present the facts, evidence, and argument that support its position regarding the disputed tax issue at the hearing. Hearings will be priva…
Chapter 3. Alternative Dispute Resolution Procedures-323 Sequence of the Arbitration Hearing
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A. Unless otherwise determined by the arbitrator, the following sequence will be followed at the hearing. 1. Introduction. The arbitrator may make an introduction. 2. Opening Statements. The taxpayer or his representative will make an opening statement followed by the department'…
Chapter 3. Alternative Dispute Resolution Procedures-325 Ex Parte Communication with the Arbitrator
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A. No party or party representative may directly communicate with an arbitrator except at a hearing or during a scheduled conference concerning any issue related to the arbitration matter.
Chapter 3. Alternative Dispute Resolution Procedures-327 Privacy
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A. All arbitration sessions are private and confidential. To ensure the privacy of the arbitration sessions, only the parties and their representatives may attend the sessions. All parties participating in or attending a session are required to sign a confidentiality agreement. A…
Chapter 3. Alternative Dispute Resolution Procedures-329 Confidentiality
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A. Except as authorized or required by law, no one participating in the session may disclose the existence, content, or results of the session without the written consent of all parties. Each participant to any process conducted, including the arbitrator, must execute a confident…
Chapter 3. Alternative Dispute Resolution Procedures-331 Fees and Expenses
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A. Each party will bear the fees and expenses for its own counsel, expert witnesses, travel, and preparation and presentation of its case. Except as otherwise agreed by the parties, the fees and expenses of the arbitrator will be borne equally by the taxpayer and the department i…
Chapter 3. Alternative Dispute Resolution Procedures-333 Taxpayer's Duty to Protect Protests and Appeals
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A. It is the duty of the taxpayer to protect his right to protest or appeal any assessment or proposed assessment or to pursue any right to refund relating to any issue that may also be subject to the arbitration process. Compliance with all conditions and time limits for perfect…
Chapter 3. Alternative Dispute Resolution Procedures-335 Notice of a Waiver or Extension
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A. When required by any party, notice that a written waiver or extension of any and all applicable prescriptive periods must be executed to each party's satisfaction. No party will be required to execute any waiver or extension of a statutory limitation as a condition of particip…
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-301 Scope [49 CFR 191.1]
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A. This Chapter prescribes requirements for the reporting of incidents, safety-related conditions, annual pipeline summary data, National Registry of Operators information, and other miscellaneous conditions by operators of underground natural gas storage facilities and natural g…
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-303 [49 CFR191.5(a)]
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B. Each notice required by Subsection A of this Section must be made to the National Response Center either by telephone to (800) 424- 8802 (in Washington, DC, 202 267-2675) or electronically at http:// www.nrc.uscg.mil and by telephone to the state of Louisiana to (225) 342-5505…
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-305 [49 CFR 191.15(a)(1)]
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2. Reporting-regulated gathering. Each operator of a reporting-regulated gathering pipeline system must submit DOT Form PHMSA F 7100.2–2 as soon as practicable but not more than 30 days after detection of an incident required to be reported under §305 that occurs after May 16, 20…
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-307 For intrastate facilities subject to the jurisdiction of the Office of Conservation, the operator must concurrently file an online OR-1 Submission (Operator Registration) for Pipeline Safety with the same name as the OPID request at http://www.sonris.com. Each operator must validate the OR-1 annually by January 15 each year.
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1. Each operator of a Special Class System must file an online OR-1 Submission (Operator Registration) for Pipeline Safety at http://www.sonris.com. Each Special Class System operator must validate the OR-1 annually by January 15 each year. B. OPID Validation. An operator who has…
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-309 Distribution System: Incident Report [49 CFR 191.9]
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A. Except as provided in Subsection C of this Section, each operator of a distribution pipeline system shall submit Department of Transportation Form RSPA F 7100.1 as soon as practicable but not more than 30 days after detection of an incident required to be reported under
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-311 Distribution System: Annual Report [49 CFR 191.11]
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A. General. Except as provided in Subsection B of this Section, each operator of a distribution pipeline system must submit an annual report for that system on DOT Form PHMSA F 7100.1-1. This report must be submitted each year, not later than March 15, for the preceding calendar …
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-313 Distribution Systems Reporting Transmission Pipelines: Transmission or Gathering Systems Reporting Distribution Pipelines [49 CFR 191.13]
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A. Each operator, primarily engaged in gas distribution, who also operates gas transmission or gathering pipelines shall submit separate reports for these pipelines as required by §§315 and 317. Each operator, primarily engaged in gas transmission or gathering, who also operates …
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-315 Transmission Systems; Gathering Systems; and Liquefied Natural Gas Facilities: Incident Report [49 CFR 191.15]
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A. Pipeline Systems [49 CFR 191.15(a)] 1. Transmission, offshore gathering, or regulated onshore gathering. Each operator of a transmission, offshore gathering, or a regulated onshore gathering pipeline system must submit Department of Transportation (DOT) Form PHMSA F 7100.2 as …
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-317 Transmission Systems; Gathering Systems; and Liquefied Natural Gas Facilities: Annual Report [49 CFR 191.17]
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A. Pipeline Systems [49 CFR 191.17(a)] 1. Transmission or regulated onshore gathering. Each operator of a transmission or a regulated onshore gathering pipeline system must submit an annual report for that system on DOT Form PHMSA F 7100.2-1. This report must be submitted each ye…
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-321 OMB Control Number Assigned to Information Collection [49 CFR 191.21]
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A. This Section displays the control number assigned by the Office of Management and Budget (OMB) to the information collection requirements in Chapter 3. The Paperwork Reduction Act requires agencies to display a current control number assigned by the Director of OMB for each ag…
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-322 National Registry of Operators [49 CFR 191.22]
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A. OPID Request. Effective January 1, 2012, each operator of a gas pipeline, gas pipeline facility, UNGSF, LNG plant, or LNG facility must obtain from PHMSA an Operator Identification Number (OPID). An OPID is assigned to an operator for the pipeline, pipeline facility, or pipeli…
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-323 Reporting Safety-Related Conditions [49 CFR 191.23]
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A. Except as provided in Subsection B of this Section, each operator shall report in accordance with §325 the existence of any of the following safety-related conditions involving facilities in service: [49 CFR 191.23(a)] 1. in the case of a pipeline (other than an LNG facility) …
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-325 Filing Safety-Related Condition Reports [49 CFR 191.25]
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A. Each report of a safety-related condition under §323.A.1-9 of this Part must be filed (received by the associate administrator/commissioner) in writing within five working days (not including Saturday, Sunday, or federal holidays) after the day a representative of an operator …
Chapter 3. Annual Reports, Incident Reports and Safety Related Condition Reports [49 CFR Part 191]-329 National Pipeline Mapping System [49 CFR 191.29]
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A. Each operator of a gas transmission pipeline or liquefied natural gas facility must provide the following geospatial data to PHMSA for that pipeline or facility: 1. Geospatial data, attributes, metadata and transmittal letter appropriate for use in the National Pipeline Mappin…
Chapter 3. Applications-301 Requirements
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A. The municipality is required to submit all applications on line through the SuMPay Portal, using the most current forms and instructions on the department’s website.
Chapter 3. Applications-301 Required Supportive Documentation
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A. Requirements A. The municipality is required to submit all applications online through the SuMPay portal, using the most current forms and instructions on the department’s website.
Chapter 3. Applications-301 Process Overview
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A. No funding shall be disbursed by the GUMBO grant program except pursuant to an application submitted in accordance with this Chapter. B. Applications for the GUMBO grant program shall be submitted via the website of the office. C. The online application process may provide for…
Chapter 3. Applications-301 General (Formerly §103)
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A. All applications to the commissioner, pursuant to Chapter 7 of Title 30 of Louisiana Revised Statutes of 1950, or Article IX of the Louisiana Constitution 1974, shall comply with these rules of procedure. B. Except as otherwise provided in these rules of procedure or in the co…
Chapter 3. Applications-301 Requirements
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A. The municipality is required to submit all applications on line through the SuMPay Portal, using the most current forms and instructions on the department’s website.
Chapter 3. Applications-303 Applications Not Requiring Public Notice(Formerly §105)
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A. Applications to the commissioner for which no public notice is required shall be made in writing and shall be in the form required by the commissioner and shall contain such information as is required for such applications under the applicable regulations. B. If, in applicant'…
Chapter 3. Applications-303 Applications with Multiple Providers or Project Areas
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A. An applicant may submit one application with multiple service providers if the applicant can demonstrate how the providers are collaborating to achieve universal coverage for the unserved locality or region. B. An applicant may submit an application with support from more than…
Chapter 3. Applications-305 Application Requirements
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A. As set forth in greater detail in §§307-315 of this Chapter, each application shall include these components: 1. applicant information, statement of qualifications, and partnerships; 2. project area(s) and locations to be served; 3. technical report; 4. project budget(s), matc…
Chapter 3. Applications-305 Applications Requiring Public Notice(Formerly §107)
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A. Public notice with respect to all applications for which a public hearing is required shall be given by publication of a notice of said hearing in the official journal of the state of Louisiana not less than 10 days prior to the hearing. Public notice shall be in writing and s…
Chapter 3. Applications-307 Applications Requiring Public Hearing(Formerly §109)
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A. No order, ruling or finding may be made or other action taken with respect to R.S. 30:553, 554, 555(A) and (C), 555(F), 556, 557, 558, 571 through 576, 593, 596, 598(E), 599, 722, and 723, without a public hearing after due notice to all interested parties unless the right to …
Chapter 3. Applications-307 Application Information, Statement of Qualifications, and Partnerships
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A. Every application shall include: 1. the identity of the applicant and its qualifications and experience with the deployment of broadband; in addition, the applicant shall include the following: a. the number of years the applicant has provided internet services; b. a history o…
Chapter 3. Applications-309 Project Area(s) and Locations to be Served
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A. Every application shall include the following. 1. Mapping and Descriptions a. Data relating to areas to be served is required in order to confirm that the project is serving eligible areas, to accurately score the application or project area, and track progress and completion …
Chapter 3. Applications-309 Applications and Notices(Formerly §111)
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A. All applications and notices filed pursuant to these rules of procedure shall contain a list of the names and addresses of the interested parties and show that a diligent effort has been made to obtain this list.
Chapter 3. Applications-311 Approvals by the Commissioner for Certain Matters under the Act(Formerly §113)
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A. All matters under the Act requiring the approval for permission of the commissioner, and for which no objection thereto has been received within 15 days after due notice, if required, and no public hearing is specifically required may be approved by the commissioner without a …
Chapter 3. Applications-311 Technical Report
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A. Applicants must provide a narrative, technical report detailing the technology/technologies to be used in the proposed project to serve prospective broadband recipients at their premises. Applicants must indicate the technology that will serve a prospective broadband recipient…
Chapter 3. Applications-313 Project Budget, Matching Funds, Costs, and Proof of Funding Availability
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A. Budget and Narrative 1. The project budget should reflect all eligible project costs. The project budget should include the minimum provider funding match of at least 20 percent, any local government funding match from a parish, municipality, and/or school board, or any instru…
Chapter 3. Applications-313 Approvals by the Commissioner for Matters Involving Public Hearing(Formerly §115)
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A. As to matters under the Act requiring the approval of the commissioner after a public hearing, the commissioner shall issue his order and findings relative thereto on forms and in a manner determined by the commissioner.
Chapter 3. Applications-315 Applicability of Rules of Procedure(Formerly §119)
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A. The rules of procedure set out herein apply only to the provisions of the Act (Chapter 7, Title 30), as implemented by applicable regulations. All other rules of procedure applicable to chapters of Title 30 other than Chapter 7 shall not apply in any manner whatsoever to the A…
Chapter 3. Applications-315 Proposed Services, Marketing, Adoption, and Community Support
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A. Every application shall include: 1. a description of services to be provided, including the proposed upstream and downstream broadband speeds to be delivered and any applicable data caps. Any applicant proposing a data cap shall provide justification to the satisfaction of the…
Chapter 3. Apprenticeship Division Standards and Procedure-301 Standards of Apprenticeship
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A. An apprenticeship program, to be eligible for registration/approval by the Louisiana Workforce Commission, Apprenticeship Division shall conform to the following standards. 1. All apprenticeship programs proposed for adoption shall be required to submit standards of apprentice…
Chapter 3. Apprenticeship Division Standards and Procedure-303 Apprenticeship Agreements
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A. The apprenticeship agreement form will be supplied by the director of apprenticeship to apprenticeship committees and to individual establishments interested in apprenticeship. B. Pre-Apprentices. For the purposes of apprenticeship, the Louisiana Workforce Commission, Apprenti…
Chapter 3. Apprenticeship Division Standards and Procedure-305 Procedure for Approval of Apprenticeship Agreements
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A. The director of apprenticeship shall approve an apprenticeship agreement within 15 days if: 1. it meets the standards established under the Louisiana Apprenticeship Law and these rules for an apprenticeship program which has been properly registered with the Louisiana Workforc…
Chapter 3. Apprenticeship Division Standards and Procedure-307 Procedure for the Cancellation or Termination of Apprenticeship Agreements and Issuance of Interim Credentials and Certificates of Completion
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A. The director of apprenticeship may terminate or cancel any apprenticeship agreement in accordance with the provisions of that agreement. B. In the event that an agreement is terminated by mutual consent of all parties thereto, no opportunity for a hearing prior to such termina…