Louisiana Administrative Code

A. A parish’s obligation to provide assistance in preparation for, response to or recovery from a disaster shall be subject to the following conditions: 1. first responders of a responding parish shall remain subject to recall by their responding jurisdiction, will continue to ut…

A. Responsibilities of a requesting parish include: 1. parish state of emergency declaration prior to requesting assistance; 2. documenting of process from declaration through reimbursement; 3. utilizing State Emergency Management process for requesting resources; 4. adhering to …

A. Intrastate Mutual Aid Compact response shall not depend on assistance that may result from a state or federal disaster declaration. B. With a letter to the requesting parish, assisting parishes may donate mutual aid or assume partial or total costs associated with loss, damage…

2. The bureau's enforcement of this federal law requires Louisiana to have a similar law that imposes similar requirements for similar transactions. 3. The bureau enforces the provisions of the FAA Act prohibiting exclusive outlets and tied house arrangements in the marketing and…

A. Every delivery of liquor to retail dealers shall be accompanied by an invoice of sale showing the name of the retail dealer, his trade name and permit number, and the date of the invoice which shall be the date of actual delivery. B. Manufacturers and wholesale dealers shall o…

A. As set forth in R.S. 26:150(B)(3), no dealer shall adulterate, water, or in any manner change the original contents of any container of regulated beverages nor possess any so adulterated, watered or changed. The provisions of this rule shall not apply to duly licensed manufact…

A. Every dealer engaged in the business of dealing in alcoholic beverages shall, upon receipt of the document listing prohibitive acts on licensed premises mailed with all permits, post the same in the premises licensed in a place conspicuous, in full public view, subject to insp…

A. Definitions Alcoholic Beverages―[as used in R.S. 26:80(E), (F), (G), and (H)] interpreted as defined in R.S. 26:2(1). Bona Fide Wholesaler―a dealer who in good faith truly and openly conducts the business of wholesaling alcoholic beverages to retailers in an immediate trade ar…

A. Applicants for state permits as solicitors shall meet the following qualifications in addition to those provided in R.S. 26:79: 1. is not the owner or manager required to file a Schedule A as the decision maker of a business having Class A, Class B or Class C Retail Liquor Per…

A. Except as provided in §311.B, every applicant, or if the applicant is a partnership or corporation, every person listed in §311.B or R.S. 26:79, shall furnish a set of fingerprints to the Department of Public Safety, Division of State Police, Box 66614, Baton Rouge, LA 70896, …

A. The holders of wholesale liquor permits shall maintain records to reflect clearly information as follows: 1. the dollar value of liquor inventory on hand on the last day of each month; 2. total number of gallons of liquor sold each month; 3. total number of gallons of liquor s…

A. Except as otherwise provided for by law and these regulations, all alcoholic beverage permits shall be issued for a period of no more than one year. B. Notwithstanding Subsection A of this Section, the commissioner may issue alcoholic beverage permits which are valid for two y…

A. Definitions Advertisement⎯includes any written or verbal statement, illustrations, or depiction which is in, or calculated to induce sales in, interstate or foreign commerce, or is disseminated by mail, whether it appears in a newspaper, magazine, trade booklet, menu, wine car…

3. A wholesale dealer whose products are situated on the premises of a retail dealer must be given the opportunity to participate in any movement or reset of those products, and no retail dealer shall, under any circumstances, exclude a wholesale dealer from such participation. T…

A. In accordance with the authority of R.S. 26:794(B), the expiration dates of retail permits issued by the Office of Alcohol and Tobacco Control shall be staggered in accordance with the provisions of this Section. B. Purpose. The purpose of this staggering process is to provide…

A. For purposes of this regulation, special events are defined as events, held at any location, where alcoholic beverages are served as an incidental part of the event for payment rendered or are supplied as a part of a general admission or other type fee. B. For such events, thi…

A. For purposes of this Section, the following definitions shall apply. 1. Fair, Festival, Farmer's Market or Other Similar Venue―any non-profit, state or local governmental organizational event being held in a limited duration capacity. 2. Wine Producer―the holder of a valid uns…

A. The Office of Alcohol and Tobacco Control may issue a class A-caterer's permit to persons who meet the qualifications and criteria of either Paragraph 1, 2, 3 or 4 below. 1. Holders of any Class A, B or C liquor or beer retail permit will be allowed to sell and serve alcoholic…

A. Definitions Batch―any mixture of ingredients or concoction prepared, blended, mixed, or otherwise combined in the preparation of a regulated or alcoholic beverage, as defined by R.S. 26:2 and 241, to be served to patrons in the form of specialty frozen drinks, commonly known a…

A. To the extent practicable and if the parties do not object, the commissioner may authorize the use of teleconference, video link, or other visual remote communications technology to conduct all or any portion of any hearing authorized by the provisions of Title 26 of the Louis…

A. All establishments listed in R.S. 15:541.1(A) shall prominently display a poster furnished by the Office of Alcohol and Tobacco Control containing information regarding the National Human Trafficking Resource Center hotline in all male and female public restrooms located withi…

A. The purpose of this regulation is to promote the safety and welfare of Louisiana consumers and commerce by prohibiting alcoholic beverage labels that are deceptive or likely to mislead the consumer with regards to the nature of the product or quantity thereof; to ensure that t…

A. Any manufacturer, wine producer or retailer of sparkling wine or still wine domiciled outside of Louisiana must obtain a permit from the commissioner as required by R.S. 26:359 prior to engaging in the direct shipment of sparkling wine or still wine to any consumer in Louisian…

A. Retail dealers shall not operate an online grocery pickup of alcoholic beverage products except where expressly authorized in writing by the commissioner. B. A retail dealer shall designate a special area for online grocery pickup whereby orders placed online that includes any…

A. No person shall operate a livestock auction without first obtaining a livestock auction market permit from the board. Any person operating a livestock auction market without a valid livestock auction permit will be in violation of this regulation and subject to prosecution. B.…

A. No person, partnership, corporation, or other legal entity, shall operate a market agency (livestock video auction) in Louisiana, without first obtaining a permit from the Livestock Sanitary Board. Any legal entity selling Louisiana livestock on a livestock video auction, with…

A. Louisiana livestock dealers may become permitted, provided the following requirements are met: 1. the facilities are adequate and maintained in a satisfactory condition; 2. the dealer agrees to clean and disinfect the facilities at least once each month with an approved disinf…

A. The purposes for this Chapter 3 program shall be the same as the purposes previously provided in Section 101 of Chapter 1 of the Small Business Loan and Guaranty Program which shall also apply to this Chapter 3 program (except that loan participations will not be utilized in t…

A. All of the same definitions provided in Section 103 of Chapter 1 of the Small Business Loan and Guaranty Program shall also apply to this Chapter 3 program.

A. Except as may be hereinafter provided, all of the provisions contained in §105 of Chapter 1 of the Small Business Loan and Guaranty Program shall also apply to this Chapter 3 program (except that loan participations will not be utilized in this Chapter 3 program). B. Loan Purp…

A. Except as may be hereinafter provided, all of the provisions contained in §107 of Chapter 1 of the Small Business Loan and Guaranty Program shall also apply to this Chapter 3 program (except that loan participations will not be utilized in this Chapter 3 program). B. In additi…

A. Except as may be hereinafter provided, all of the provisions contained in §109 of Chapter 1 of the Small Business Loan and Guaranty Program shall also apply to this Chapter 3 program (except that loan participations will not be utilized in this Chapter 3 program). B. Interest …

A. Except as may be hereinafter provided, all of the provisions contained in §111 of Chapter 1 of the Small Business Loan and Guaranty Program shall also apply to this Chapter 3 program (except that loan participations will not be utilized in this Chapter 3 program).

A. All of the provisions contained in §113 of Chapter 1 of the Small Business Loan and Guaranty Program shall also apply to this Chapter 3 program.

A. All of the provisions contained in §115 of Chapter 1 of the Small Business Loan and Guaranty Program shall also apply to this Chapter 3 program.

A. In accordance with R.S. 47:337.18(A), the taxes levied by the local ordinance shall be due and shall be payable on the first day of the month and returns shall be prepared and transmitted to the collector by all dealers on or before the twentieth day of each month for the prec…

A. Definitions. For the purposes of these rules, the following terms shall have the meaning ascribed to them in this Section. Courier—a messenger other than the United States Postal Service that delivers parcel, packages and the like containing returns, reports, other documents o…

A. Delivery by the United States Postal Service. A return, report or other document in a properly addressed envelope with sufficient postage delivered by the United States Postal Service is deemed filed on the date postmarked by the United States Postal Service. The postmark must…

A. Recipients shall have free choice of pharmacy unless subject to the agency’s Lock-In program. B. Lock-in is a mechanism for restricting Medicaid recipients to a specific physician and/or a specific pharmacy provider. The lock-in mechanism does not prohibit the recipient from r…

A. Potential lock-in recipients will be identified through review of various reports or by referral from other interested parties. Department of Health designee(s) who are medical professionals examine data for a consistent pattern of misuse/overuse of program benefits by a recip…

A. The department’s contract designee shall notify the recipient of the decision to lock-in providers and shall include the following additional information: 1. the department’s intention to allow the recipient to choose one primary care provider, one pharmacy provider, and up to…

A. Recipients shall be prohibited from choosing physicians and pharmacists who overprescribe or oversupply drugs. When the agency cannot approve a recipient’s choice of provider(s), the Lock-In recipient shall be required to make another selection. 1. In order to be approved as a…

A. Administration Reconsideration. A recipient may request an administrative reconsideration of the department’s determination to place the recipient in the Lock-In Program. An administrative reconsideration is an informal telephone discussion among the Bureau of Health Services …

A. Recipients may change lock-in providers every year without cause. With good cause, they may change lock-in providers only with the bureau’s approval. Recipients may change providers for the following “good cause” reasons: 1. a recipient relocates; 2. a recipient’s primary diag…

A. Recipients profiles are to be reviewed periodically as described in the Lock-In Procedure Manual (for determination of continuance or discontinuance of lock-in). The department’s medical designee(s) examine(s) a recipient’s profile for a continued pattern of misuse or overuse …

A. The commission shall be composed of 13 members who are appointed by the governor and confirmed by the senate. Members serve at the pleasure of the governor until their respective successor has been appointed and commissioned. One member shall be elected chairman and other offi…

A. The commission shall advise the Office of Prevention and Recovery from Alcohol and Drug Abuse and officers of any other state department concerning the policy of the state with respect to alcohol and drug abuse. This does not, however, apply to the substance abuse prevention e…

A. An annual report shall be prepared by the commission for submission on March 1 to the governor, the house and senate committees on health and welfare and the secretary of the Department of Health and Human Resources. This report shall advise of its activities for the previous …

A. As used in these rules and regulations: Act―Act 605 of 1979, and any amendments thereto. Administrative Costs―include the wages and salaries of the secretary's staff and employees; the engineering, legal, and operating costs incurred by or on behalf of the secretary; the equip…

A. No person shall construct or operate, or cause to be constructed or operated, support facilities within the jurisdiction of the secretary without first filing an application and obtaining a license from the secretary pursuant to the provisions of these rules and regulations. B…