Louisiana Administrative Code

Administration of Criminal Justice―performance of any of the following activities: detention, detection, apprehension, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The admini…

A. A commander may receive information from many sources that an offense may have been committed by one of his Servicemembers. For example, the unit commander himself may witness an offense, someone within the unit may report the offense, or a higher headquarters may forward a re…

A. General. Regardless of how the commander learns of an alleged offense, he must insure that the matter is promptly and adequately investigated. B. Reporting. Any incident which may generate widespread adverse publicity or which may damage public confidence in the organized mili…

A. It is the duty of the unit commander to insure prompt investigation of the circumstances of an alleged crime and to examine the facts relevant to the guilt or innocence of the accused. All necessary witnesses as well as the suspects, should be interviewed. Interviews should be…

NOTE: (DA Form 3881 Rights Warning Procedures/Waiver Certificate, See Figure 5.7). A. General. Servicemembers suspected of a violation of the LCMJ shall be advised of their Article 31 rights. A confession or admission made by such a suspect who has not been advised of his rights …

A. Procedure. The best means for making an accurate and complete record of the information obtained in the investigation is the sworn statement. A sworn statement (affidavit) is a written statement of facts given by a witness or suspect who states under oath or affirmation that t…

A. When a suspect waives his rights under LCMJ Article 31 and his right to counsel, but refuses to sign a statement, the investigator may make a summary of his remarks. This summary or oral statement may be admissible in a trial by courts-martial. The oral statement of a suspect …

A. General. A unit commander may lawfully seize the property of a person in his unit; however, that an unlawful search which violates a Servicemember's rights will likely result in seized items being excluded from evidence and therefore inadmissible during a court-martial. Becaus…

A. A search and seizure is lawful in the following situations: 1. Apprehension. A Servicemember may be searched at the time and place of a lawful apprehension. The purpose of the search is to discover weapons and to prevent the destruction of evidence. The search is limited to th…

A. Drugs, weapons, clothing, and other items related to an alleged offense are physical evidence of crimes. The unit commander must preserve and safeguard any physical evidence in his custody. Physical evidence should be handled by as few persons as possible since anyone who touc…

A. When an item of physical evidence is introduced at trial, counsel must show that it is the same item that was found at the scene of a crime or otherwise connected with the offense and that the item has not been materially altered. The chain of custody document is a written rec…

A. Physical evidence must be marked immediately by the first person who assumes custody to insure that he will be able to identify it at trial. This mark may be placed on the item itself and is usually the person's initials, the date, and time. The chain of custody record should …

A. Perishable and unstable items of evidence require special attention. They must be photographed or otherwise preserved. Professional assistance is necessary, for example, to preserve a fingerprint or a tire track in the dirt. Military police, CID, and/or local law enforcement o…

A. When it appears that action may be initiated which could result in a court-martial, disciplinary action, or elimination proceedings, the commander must initiate flagging action against the servicemember pursuant to AR 600-8-2, (DA Form 286, Suspension of Favorable Actions). Th…

A. General. A court of inquiry is a formal, fact-finding tribunal authorized by LCMJ Article 135. It may be convened by the Governor to investigate any matter of concern to the Louisiana National Guard whether or not the persons involved have requested such an inquiry. B. Policy.…

A. Library materials available for use in the State Library or on loan and the conditions for use are: 1. books, pamphlets, documents, audio-visual materials; a. all may be used in the State Library; b. all are available for loan except volumes of expensive reference sets, the cu…

A. Library materials available include books and magazines recorded on discs, open-reel magnetic tapes, cassettes, digital cartridges, and books and magazines printed in large type and embossed in Braille. Most of these materials are provided by the Library of Congress through it…

B. The vehicle registration license tax shall be assessed and collected as follows. 1. Each motor vehicle shall be taxed at a minimum of $10 per year for the first $10,000 value, plus $1 per $1,000 value in excess of $10,000. 2. For the purpose of computing the additional tax of …

A. Unless otherwise provided in law, all special plates shall be assessed the handling charge imposed in R.S. 47:463(A)(3)(a) and the handling fee imposed in R.S. 32:412.1. B. Unless otherwise provided in law, a replacement plate for lost plate, and all duplicate registrations, s…

A. Eligibility. Applicants for special Shriner license plates shall include any member in good standing of a shrine organization. Such plates shall be issued for the following types of motor vehicles, provided they are painted in the shrine colors and used by the member or the or…

A. Eligibility. All incumbent members of the Public Service Commission are eligible to apply for Public Service Commission (PSC) license plates. Such plates may be issued for any private passenger automobile or private use van which would qualify for a regular-issue automobile li…

A. Description. Special plates for members of the United States Senate shall be stamped to indicate such status and to indicate seniority. Special plates for members of the United States House of Representatives shall be stamped to indicate such status and shall be stamped with t…

A. Eligibility. An active member of the Louisiana National Guard may apply for a National Guard license plate. Such plates shall be issued for any private passenger automobile or private use van which would qualify for a regular issue automobile license plate. B. Place of Applica…

A. Description. The plates shall bear combinations of not more than six characters. Any combination of numerical and alphabetical characters can be used; however, at least two alphabetical characters must be used in any configuration. A plate comprising six characters is entitled…

A. Eligibility. Applicants for ex-prisoner of war license plates shall include all former prisoners of war of World War I, World War II, the Korean Conflict and the Vietnamese Conflict. License plates shall be issued for any private passenger automobiles, private use minimum truc…

A. Eligibility. Applicants for disabled veterans' license plates shall include any veteran who has a service-connected disability of 100 percent, total and permanent, and who is a resident of this state. License plates shall be issued for any private passenger automobiles, privat…

A. Definition Antique Motor Vehicle―a motor vehicle, including a motorcycle, which is at least 30 years of age or older that, because of its significance, is being collected, preserved, restored, operated or maintained by a hobbyist as a leisure pursuit. B. Place of Application. …

A. Eligibility. Applicants for CB radio operator's license plates shall include any persons possessing a CB radio operator's license issued by the Federal Communications Commission. Such plates shall be issued on personally used private passenger vehicles, private use minimum tru…

A. Eligibility 1. Applicants for consuls' license plates shall include the following: a. consul generals; b. consulates (the offices); c. honorary consuls―citizens of the United States who hold an exequatur from the United States to represent another country; d. consuls and other…

A. Eligibility. Applicants for amateur radio operators' license plates shall include any persons possessing a current amateur radio license issued by the Federal Communications Commission. Such plates shall be issued on personally used private passenger vehicles, private use mini…

A. Special license plates will be issued to any veteran of the Armed Forces of the United States for private passenger cars, minimum pickup trucks and vans. B. Eligibility. A qualified veteran shall include any veteran who has served at least 90 days military duty in a branch of …

A. The Department of Public Safety and Corrections, Office of Motor Vehicles, hereby adopts by reference, the International Registration Plan, hereinafter referred to as the plan, adopted in August 1994 and as revised through January 1, 2013, by the member jurisdictions, and publ…

A. All commercial motor vehicles registered pursuant to the "International Registration Plan" and issued an apportioned license plate shall be issued a permanent metal license plate at the time of first issuance, or at the time of first renewal of the apportioned registration aft…

A. Any dealer of motor vehicles who receives a lease return or a previously owned vehicle with the intention of reselling such vehicle shall remove the license plate from such vehicle before resale B. The dealer, upon removal of the license plate, shall destroy the plate. 1. Acce…

A. At the time of a law enforcement stop, if the operator of the vehicle is found to have a suspended license and it is further determined that operator is the sole owner of the vehicle the following will occur. 1. Notice of suspension ticket will be issued to the operator of the…

A. Dealer plates shall only be issued to dealer’s that possess a current license issued by either the Louisiana Motor Vehicle Commission or the Louisiana Used Motor Vehicle Commission. B. The fee shall be issued in accordance to R.S. 47:473(E). Plate shall be valid for one year. …

A. Eligibility. Applicants for the Louisiana educator license plate shall include any educator educated or employed in Louisiana. B. Requirements. A notarized affidavit to certify that applicant is an educator who received his/her degree from a Louisiana college/university (must …

A. Eligibility. Applicants for the retired law officer plate shall include any person who was employed as a law officer for 12 years or more. B. Requirements. The applicant shall provide proof of employment as a law officer for twelve years or more, regardless of whether or not t…

A. Eligibility. Applicants for the military surplus motor vehicles specialty plate must be at least 21 years of age and possess a valid driver’s license. B. Requirements. To obtain a military surplus motor vehicles specialty plate, the applicant shall submit a certification form …

A. As used in this Subchapter, the following terms have the meanings described below. Acquired―any transfer of full ownership from one juridical person to another including but not limited to sales, dations, donations, exchanges, or inheritances. Assistant Secretary―the assistant…

A. For all Louisiana motor vehicle registrations that were issued prior to and expire on or after January 1, 1990, the renewal tax shall be assessed and collected as provided in §357, except that the value of the motor vehicle for purposes of the vehicle registration license tax …

2. If the written judgment or the written reasons for judgment contain a determination as to the value of the motor vehicle, and such value is not less than the value of the vehicle as determined in §355, then the motor vehicle shall be valued at such amount for purposes of colle…

A. Every motor vehicle registered in Louisiana shall be subject to the motor vehicle license tax at a rate implemented in R.S. 47:463(A)(2) as amended by Acts 1989, Second Extraordinary Session, Number 23,

A. Any person desiring a ruling on the applicability of R.S. 47:463 or any other statute, or the applicability or validity of any rule, to the payment of the vehicle registration license tax as it applies to the transfer, registration, or renewal of the registration of any motor …

A. The department may deny any application to register any motor vehicle if it is determined that information, documentation, or other materials submitted in connection with the application is false, inaccurate, misleading, or incomplete, or if the incorrect amount is submitted a…

A. Any person resisting the payment of any amount of the tax imposed by R.S. 47:463 shall provide notice to the assistant secretary at the time of the payment of the tax of the person's intention to file suit for the recovery of the contested amount of the tax. B. If the conteste…

A. The following guidelines shall be used when determining the value of a motor vehicle, the ownership of which is acquired pursuant to a written judgment of a trial court of limited jurisdiction. 1. If the written judgment or the written reasons for judgment do not indicate that…

A. Every individual who is an applicant for a certificate of title, or a new or renewed motor vehicle registration, shall be given the opportunity to prohibit the disclosure of personal information as defined in LAC 55, Part III, Chapter 5, §553, Subchapter B, by completing the d…

A. As used in Subchapter C, the following terms have the meanings described below. Base Plate State―the state which issues an apportioned license plate pursuant to the International Registration Plan. Department―Department of Public Safety and Corrections, Office of Motor Vehicle…

A. Trucks with a minimum gross weight of 26,000 pounds, trailers, and contract carrier buses used at least 80 percent of the time in interstate commerce may claim a sales and use tax exemption. B. The term trucks and trailers shall have the same meaning as the terms truck, traile…