Louisiana Administrative Code

A. The boundaries of all lands under the jurisdiction of the Office of State Parks shall be posted, except where posting is deemed unnecessary. Posting may be deemed unnecessary where any of the following conditions are met: 1. where OSP properties are bounded by public roadways;…

A. Scope. The provisions of this Chapter shall govern the general regulations not specific to other Chapters. B. Basic Principles. The basic principles of this Subsection are enunciated below as basic goals in environmental sanitation worthy of accomplishment through properly des…

Editor’s Note: The text in this Section will be effective on January 1, 2013. A. Minimum Standards. Materials listed in this Section are applicable to more than one Chapter. Material requirements for specific systems and fixtures are noted in the specific Chapters. Materials list…

A. Breakage and Corrosion. Pipes passing under or through walls shall be protected from breakage. Pipes passing through concrete or cinder walls and floors or other corrosive material shall be protected against external corrosion by a protective sheathing or wrapping or other mea…

A. Support of Piping. Buried piping shall be supported throughout its entire length. B. Open Trenches. All excavations required to be made for the installation of a building drainage system, or any part thereof within the walls of a building, shall be open trench work and shall b…

A. General. In the process of installing or repairing any part of a plumbing and drainage installation, the finished floors, walls, ceilings, tile work or any other part of the building or premises which must be changed or replaced shall be left in a safe structural condition in …

A. Change in Direction. The following applies to the use of fittings in changes of direction of drainage piping. 1. Changes in direction in drainage piping shall be made by the appropriate use of 45° (0.785 rad) wyes, long-or-short-sweep quarter bends, one-sixth, one-eighth, or o…

A. Tightness. Joints and connections in the plumbing system shall be gastight and watertight for the pressure required by test, with the exceptions of those portions of perforated or open-joint piping which are installed for the purpose of collecting and conveying ground or seepa…

A. Threaded Pipe to Cast Iron. Joints between steel, brass, or copper pipe, and cast iron pipe shall be either caulked or threaded, formed as provided in §§313.B and 709.B of this code, or shall be formed with approved adapter fittings. B. Lead to Cast Iron or Steel. Joints betwe…

A. General. The following apply to anchors, hangers and supports. 1. Strains and Stresses. Piping in a plumbing system shall be installed without undue strains or stresses and provision shall be made for expansion, contraction, and structural settlement. 2. Material. Anchors, han…

A. Required Tests. The permit holder shall make the applicable tests prescribed in §§319.B thru 319.E of this Part to assure compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the plumbing official when the plumbing work is read…

A. Additional general provisions are contained in: 1. LAC 51:XIV.Chapter 13, Medical Facilities Plumbing Systems; 2. LAC 51:XIV.Chapter 15, Travel Trailers and Travel Trailer Parks; and, 3. LAC 51:XIV.Chapter 17, Mobile/Manufactured Homes and Mobile/Manufactured Home Parks.

A. The provisions of this Part shall have effect from the date of publication hereof as a Rule in the Louisiana Register. Upgrading of such buildings and facilities shall be required when: 1. the construction of buildings and facilities was not previously approved by the state he…

A. This Part shall be interpreted and applied to promote its underlying purpose of protecting the public health.

A. The owner or a designated employee of each food establishment shall hold a "food safety certificate" from the department exclusively on behalf of that food establishment. The certificate shall be required to be renewed every five years. 1. For the purposes of this Section and …

A. Whenever a food establishment or retail food store/market is constructed, substantially renovated, or a change of real property or business ownership occurs, or the occupancy classification changes, plans and specifications shall be submitted to the state health officer for re…

A. The state health officer may conduct one or more preoperational inspections to verify that the food establishment or retail food store/market is constructed and equipped in accordance with the approved plans and is in compliance with all provisions of this Title.

A. A food establishment or retail food store/market that packages food using a reduced oxygen packaging method shall have a Hazard Analysis Critical Control Point (HACCP) plan and provide the information required in §4121 of this Part. B. A HACCP plan shall contain: 1. a catagori…

A. All premises shall be provided with plumbing fixtures as prescribed in Part XIV of this Code. Such plumbing fixtures shall be connected to a community sewerage system whenever feasible or to an individual sewerage system which is specifically approved for the premises by the s…

A. A person who owns, operates, manages, or otherwise controls any premises, shall provide for sewage disposal in a manner which is in compliance with this Code.

A. A person shall not directly or indirectly discharge, or allow to be discharged, the contents or effluent from any plumbing fixtures, vault, privy, portable toilet, or septic tank, into any road, street, gutter, ditch, water course, body of water, or onto the surface of the gro…

A. No component part of a sewerage system shall be installed wherever contamination of a ground water supply may occur. The location of any sewerage facility shall not conflict with the placement requirements for a water well which are set forth in Part XII of this Code.

A. In reviewing plans and specifications for a proposed community sewerage system or individual sewerage system, or modifications thereto, the state health officer shall require the system owner to provide evidence of appropriate servitudes or permissions for any portion of the o…

A. Any permits issued, or approval of plans and specifications granted prior to the effective date of the 1998 revisions of this Part shall remain in effect as it relates to the design of the sewerage system, unless the state health officer determines there exists a need for revi…

A. Any interested person may petition the secretary of the Workforce Commission requesting the adoption, amendment, or repeal of a rule. B. A petition for adoption, amendment, or repeal of a rule shall be styled as such and shall include: 1. the petitioner's name, mailing address…

A. Stipulating the Grid Cell 1. As part of a plea agreement under the guidelines, the parties may stipulate a cell within the grid regardless of whether the cell corresponds to the defendant's criminal history index and the crime seriousness level of the offense(s) to which the d…

A. Violation of Condition of Probation 1. If an offender is brought before the court for the violation of a condition of probation which does not involve commission and conviction of a subsequent offense and the court does not consider revocation appropriate, the court may impose…

A. If a sentence of incarceration is imposed and executed, an offender should be given credit for time served under the following conditions prior to the imposition or execution of sentence: 1. time spent in actual custody in connection with the offense of conviction; 2. time spe…

A. If a person under 17 years of age is prosecuted as an adult in a court exercising criminal jurisdiction, the guidelines should be applied in the same manner as though the person were an adult.

A. The guidelines increase the designated sentence range for an offender on the basis of the offender's prior criminal convictions, custody status, and the crime family of the current and prior convictions. In those cases in which the district attorney determines that the offende…

A. The sentence, derived from the seriousness of the offense committed, the criminal history index of the offender, and any aggravating or mitigating circumstances, should reflect the maximum length of time an offender should remain in actual custody or under supervision, and the…

A. A district indigent defender board shall not be eligible to receive supplemental assistance from the Indigent Defense Assistance Board unless the following criteria are met. 1. All courts within the judicial district are assessing at least $25 in court costs in accordance with…

A. The Louisiana Indigent Defender Assistance Board provides direct and indirect supplemental assistance to the state's 41 judicial district indigent defender boards in accordance with R.S. 15:151 et seq., and the following guidelines. 1. Supplemental assistance to be provided sh…

A. The following standards shall be applied to contract attorney certification under any part of this rule. 1. The attorney shall be familiar with the practice and procedure of the criminal courts of Louisiana and shall be a member in good standing of Louisiana State Bar Associat…

A. To be certified to serve as counsel in the appeal of a capital case, an attorney shall satisfy the following minimum standards: 1. be familiar with the practice and procedure of the Louisiana Supreme Court in the appeal of capital cases and the practice and procedure of the Un…

A. To be certified to serve as counsel for purposes of state post-conviction, an attorney shall satisfy the following minimum standards: 1. be familiar with the substantive law and the practice and procedure of the courts of Louisiana in the review of capital post-conviction appl…

A. [Formerly paragraph 18:021] Any person entering any Louisiana state prison as an inmate for 48 hours or more shall be screened for tuberculosis with a purified protein derivative skin test, five tuberculin unit strength, given by the Mantoux method, and a chest X-ray if the sk…

A. For all purposes of these rules and regulations, the terms defined in this Chapter shall have the following meanings, unless the context of use clearly indicates otherwise. Administrative Disqualification Hearing―an administrative hearing to determine if an intentional program…

A. The DCFS Appeals Unit is responsible for providing a system of hearings which must meet the due process standards set forth in federal regulations, state laws, and Goldberg vs. Kelly 397 US 245 (1970). B. Each applicant is informed by the application and by the appropriate not…

A. Every applicant/recipient who believes he has been unjustly treated regarding benefits or services under any program administered by the Department of Children and Family Services may request a fair hearing. B. The DCFS Appeals Unit has the right to deny a request for a fair h…

A.1. When a decision is made on a case, the client is notified and is allowed the following number of days from the date of the notice to request a fair hearing: a. FITAP⎯30 days; b. STEP Program⎯30 days; c. KCSP⎯30 days; d. SNAP⎯90 days. 2. The client may appeal at any time duri…

A. A prompt, definitive, and final decision must be provided within the number of days from the date of the fair hearing request as listed below: 1. FITAP⎯90 days; 2. STEP Program⎯90 days; 3. KCSP⎯90 days; 4. SNAP⎯60 days. B. If the hearing is delayed at the request of the claima…

A. The DCFS Appeals Unit and the department must expedite hearing decisions for SNAP households that plan to move from the jurisdiction of the hearing official before the hearing decision would normally be reached. Hearing requests from these households shall be expedited if nece…

A. Recipients in all categories, except STEP Program, who request a fair hearing prior to the expiration of the advance notice of adverse action or within 13 days of the date of concurrent notice must have benefits continued at, or reinstated to, the benefit level of the previous…

A. The claimant or his authorized agent has the right to: 1. department assistance in filing and preparing his request or an explanation of how to file an appeal; 2. specific case record documents or applicable policy necessary to determine whether a hearing should be requested a…

A. The DCFS Appeals Unit has the sole responsibility for accepting or rejecting all requests for a fair hearing. B. The DCFS Appeals Unit must acknowledge fair hearing requests made directly to that office by or for a claimant, or requests submitted by the department. All request…

A. The DCFS Appeals Unit will cause to be scheduled all fair hearings. The claimant, his authorized agent, and the department will be notified at least 10 days in advance of the time, place, and date of the hearing. Hearings will be scheduled during regular working hours and will…

A. The DCFS Appeals Unit will provide or will cause to be provided a copy of the summary of evidence to the claimant or to his authorized agent with the notice for scheduling the fair hearing.

A. The claimant may withdraw his request for a fair hearing at any time prior to the hearing. The request for withdrawal may be stated verbally during a department conference held by telephone or in person or submitted in writing to the local office or the DCFS Appeals Unit. The …

A. A fair hearing request which is accepted by the DCFS Appeals Unit may be disposed of without a hearing and without a decision only when: 1. the request for a fair hearing is withdrawn; or 2. the claimant abandons his request for a hearing. If the claimant or his authorized age…