Louisiana Administrative Code

A. No person shall own, keep, maintain, occupy, or otherwise use any room, warehouse, grain elevator, or other building for the storage, handling, processing, or dispensing of food or food products, or for the quartering of any animal or fowl, without carrying out measures which …

A. No person shall reconstruct any building or structure, or repair or remodel any building or structure to the extent of 50 percent of the value of the structure, unless the same shall be made rodent-proof by the proper use of impervious material. Provided, that only such repair…

A. The footing and foundation walls of any new business building shall be of dense concrete or masonry, and shall extend around the entire perimeter of the business building and to a depth of not less than 24 inches (61.4 cm) below the surface of the finished ground. B. [formerly…

A. Curb or farmers' markets, in which fruits or vegetables are exposed and offered for sale on racks, stands, platforms, or in vehicles outside of business buildings which may be a part of curb or farmers' markets shall conform to relevant provisions of these regulations.

A. Any floating vessel docking or landing in any port or place in the state of Louisiana where bubonic plague exists, and any vessel coming from a plague infested locality shall, while lying at a dock or landing in the state of Louisiana, be fended off at least 4 feet (1.23 m) at…

A. No person shall conduct operations designed to abate community rodent problems until plans for such operations have been approved by the state health officer, and a written approval has been secured therefrom. The state health officer will, upon request, provide an applicant w…

A. The purpose of this amendment to Rule 4 is to provide for the expansion of the types of investments in which an Interlocal Risk Management Agency could invest to include selected investments permitted under R.S. 33:2955 and to adopt provisions and uniform guidelines for their …

A. These provisions shall be applicable to any and all entities which may be defined as an interlocal risk management agency by Act 462 of the 1979 Session of the Louisiana Legislature.

A. Rule 4 is promulgated by the commissioner pursuant to the authority granted under the Louisiana Insurance Code, R.S. 22:11, Title 22, Section 2 of 1950 and Act 462 of the 1979 Session of the Louisiana Legislature, R.S. 33:2955 and the Administrative Procedure Act, R.S. 49:950 …

Certified Audit―an audit upon which the auditor expresses his professional opinion that the accompanying statements present fairly the financial position of the self-insurance fund in conformity with generally accepted accounting principles consistently applied, and accordingly, …

A. Evidence must be submitted to the Insurance Department that two or more local government subdivisions have made an executed agreement among themselves to form and become members of an interlocal risk management agency. B. Copies of the bylaws and other agreements must be submi…

A. A certified audited financial statement must be submitted annually. That statement must contain a review of the interlocal risk management agency operations and general conditions by a certified independent casualty actuary. During the first two years of the existence of the i…

A. In order to insure the financial stability of the operations of each interlocal risk management agency, the board of trustees of each fund shall be responsible for all operations of the fund. The board of trustees of each agency shall take all necessary precautions to safeguar…

A. The trustees of any interlocal risk management agency shall not allow advance premium discounts to any member in excess of that allowed by the excess insurance underwriter, subject however, to a maximum of 15 percent of their standard premium. B. Any surplus monies for a fund …

A. No contract or policy of aggregate excess insurance shall be recognized in considering the ability of an applicant to indemnify the financial obligations of its members under the Workmen's Compensation Act, unless such contract or policy complies with all of the following: 1. …

A. Any individual, co-partnership, or corporation desiring to engage in the business of providing one or more services for an approved workmen's compensation program for an interlocal risk management agency shall apply to, and shall satisfy the Commissioner of Insurance that it h…

A. Non-compliance with the provisions of this rule may result in suspension, revocation, or non-renewal of the Certificate of Authority issued by the Commissioner of Insurance pursuant to the provisions of Act 462 of the 1979 Session of the Louisiana Legislature.

A. If any of the provisions of this rule are held invalid, such invalidity shall not affect other provisions which can be given effect with the invalid item, and to this end the provisions of this rule are hereby declared severable.

A. Upon receipt, a rulemaking petition shall be forwarded to the promulgating agency for review. B. Within 90 days of receipt of the rulemaking petition, the agency shall either: 1. initiate rulemaking procedures to adopt a new rule, or to amend or repeal an existing rule; or 2. …

A. Except as provided for in the rules related to electronic filing, an original and six conformed copies of all pleadings and memoranda shall be filed with the board in a state case (for local cases see §1101). B. All pleadings are to be signed by the individual who files them. …

A. The board will accept pleadings (not exhibits for trial) by facsimile only as provided for herein. B. Within seven days, exclusive of legal holidays, after the board has received the facsimile transmission, the board must receive all of the following from the party filing by f…

A. If the petition is an appeal pursuant to a payment under protest, the taxpayer should insert on the transmitting cover letter a bold/all caps/red-font typed "PAYMENT UNDER PROTEST APPEAL" label. B. The taxpayer should also mail a courtesy copy of the petition to the relevant c…

A. The petition shall be comprised of numbered paragraphs of facts, and end with a prayer for the relief sought. B. If the petition is an appeal for a redetermination of an assessment, a copy of the assessment shall accompany the petition and all copies of the petition. If the pe…

A. The allegations of the petition must be categorically answered in numbered paragraphs corresponding to those of the petition. The answer shall admit or deny the allegations of the petition and state in short concise terms the material facts upon which the defenses to the actio…

A. Motions, rules and exceptions shall be in writing, shall be accompanied by an order or rule setting them for hearing and shall be served in accordance with these rules. B. Motions, rules and exceptions shall be heard by the board by special setting, or referred to the merits o…

A. All pleadings or documents filed which are required to be served on the opposing party may be served by first class U.S. mail, or registered (or certified) mail with return receipt. A certificate of such service in accordance with §301 shall be filed concurrently with the fili…

A. The board administrator shall preside over the following preliminary matters: 1. case reviews; 2. status conferences; 3. scheduling orders; 4. any other matters assigned by the board.

A. The board will hold hearings on state cases no less than two days per month on dates set by the board. The hearings will be held at the board's office in Baton Rouge, Louisiana or such other place designated by the board. B. The board may issue a scheduling order for each case…

A. Where pertinent facts are in dispute, the parties shall make a diligent effort to agree upon a stipulation of facts to be used in lieu of taking testimony.

A. Request for the board to issue subpoenas for attendance of witnesses at trial or at a deposition and/or for the production of books, papers and documents pertaining to the matter under inquiry shall be in writing. The subpoena shall be prepared by the party requesting it. The …

A. A memoranda or other brief is due on the date set by the board by via minute entry in open hearing or by order. In the event that no deadline is set by the board, the parties shall comply with the deadlines provided for in Rule 9.9 of the Louisiana Uniform Rules of Districts C…

A. Computation of the delays provided herein shall be as provided in LSA-C.C.P article 5059(A) and (B). A petition shall be deemed timely if filed with the board in the same manner and pursuant to the same provisions as those specified in section 5(d) of article X of the rules of…

A. Copies of proposed judgments will be mailed or transmitted by facsimile or by previously utilized email address to all parties by the party submitting the judgment. B. Judgments become final as provided by R.S. 47:1438.

A. A judicial review of a decision or judgment of the board shall be in accordance with R.S. 47:1434. B. Any appeal shall be taken in accordance with the law and any applicable court of appeal or Supreme Court rules. C. There is no suspension or interruption of the time for appea…

A. The board's filing fee schedule is as follows. 1. Initial filing of pleadings: a. under $10,000 in controversy (appealing an assessment)⎯no filing fee; b. under $10,000 in controversy (other matters)⎯$40; c. from $10,000 to $50,000 in controversy⎯$300; d. over $50,000 in contr…

A. Whereas, Lake Charles, Moss Lake and Prien Lake in the Parish of Calcasieu were closed to the use of certain types of commercial fishing gear beginning on July 26, 1955, until further notice by the Louisiana Wildlife and Fisheries Commission for the purpose of conducting a bio…

A. Be it resolved, that under the authority of the laws of the state of Louisiana and the powers vested in this commission, the waters of Bayou Judge Perez from its entrance into Lake Judge Perez to Devil's Bayou, a distance of approximately one mile, located in the parish of Pla…

A. Whereas, the Louisiana Wildlife and Fisheries Commission is charged with enforcing the law; and B. whereas, the Louisiana Wildlife and Fisheries Commission in open meeting held in New Orleans, Louisiana, September 29, 1979, and acting under the authority of Act 282 of 1979, R.…

A. Recent emergency provisions adopted by the Wildlife and Fisheries Commission under the authority of R.S. 56:317 prohibit the use of gill nets, trammel nets, seines and trawls from the cove immediately adjacent to Cypremort Point State Park, St. Mary and Iberia Parishes, Louisi…

A. The season for the taking of menhaden as well as processing of menhaden shall be from the third Monday in April through November 1. B. No menhaden may be landed in Louisiana ports except during the menhaden season as described in LAC 76:VII.307.A. C. The menhaden season shall …

A. Reporting 1. Companies taking menhaden by vessels equipped with purse seines for the purpose of reduction fishing shall report monthly, beginning in May 2023, commercial menhaden harvest reports. Reports for the previous month shall be due to the Department of Wildlife and Fis…

A. At its meeting on March 25, 1975, the Wildlife and Fisheries Commission adopted the following rules and regulations for Calcasieu Lake, in Cameron and Calcasieu Parishes. 1. No net fishing will be allowed within 500 feet of the following areas: a. the mouths of Grand and Lambe…

A. The Wildlife and Fisheries Commission does hereby adopt the attached rules and regulations as pertaining to the definition of menhaden and herring-like species. B. The term menhaden and herring-like species shall be those species contained within the family Clupeidae, as recog…

A. The Wildlife and Fisheries Commission does hereby adopt the attached rules and regulations as pertaining to the excessive killing of fish as directed by Act 919 of the 1986 legislature. B. Excessive killing shall be defined as "the killing resulting from taking or attempting t…

A. The Wildlife and Fisheries Commission does hereby adopt the following rules and regulations establishing size limits. 1. The minimum legal size for possession of Spanish mackerel (Scomberomorus maculatus) shall be 12 inches fork length and king mackerel (Scomberomorus cavalla)…

A. Each gill net or trammel net shall be marked with a waterproof tag attached to the corkline at each end of the net, no more than 3 feet from the edge of the webbing. Said tags shall be supplied by the commercial fisherman and to be completely waterproof. Each tag shall have th…

A. The recreational bag limit for possession of Spanish mackerel (Scomberomorus maculatus) whether caught within or without the territorial waters of Louisiana shall be 15 fish per person, per day. B. The recreational bag limit for the possession of king mackerel (Scomberomorus c…

A. Policy. The special bait dealer's permit is intended solely for the benefit of the recreational fishing public which desires to use live shrimp and live croaker as bait during the closed shrimp seasons. Its purpose is to allow the uninterrupted operation of those commercial es…

A. The Wildlife and Fisheries Commission does hereby adopt the following rules and regulations for the taking of black drum (Pogonias cromis). 1. The daily take and possession limit for black drum caught recreationally within or without Louisiana waters shall be five fish per day…

A. The areas within a 1/4-mile radius on the lake side only of the Lambert, Grand Bayou, Mangrove, and Peconi water control structures (otherwise identified as Structures No. 5, 1, 8 and 4 respectively), and the area within a 1/8-mile radius on the lake side only of the water con…