Louisiana Administrative Code

A. Each member being considered for expulsion and his sponsoring group, if any, shall be notified of the upcoming action at least 15 days before the commission meeting at which the action is to be considered. This notice shall be by certified mail. The commission may excuse an ab…

A. Any interested person may, pursuant to R.S. 49:953(C), request the commissioner adopt, amend, or repeal a rule (“rule change”) that the commissioner has the authority to make. B. A request for a rule change shall be in writing, be signed by the person making the request, and s…

A. This rule provides for the filing and prompt disposition of petitions or requests for declaratory orders and rulings as to the applicability of any statutory provision or as to the applicability or validity of any rule or order of the agency, as required by R.S. 49:962 and 49:…

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…

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…

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…

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…

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 …

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…

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…

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…

A. In accordance with R.S. 3:1655(D), the state entomologist is authorized to assess fees to defray the costs of inspections or the issuance of certificates or permits for the shipment of agricultural products, commodities, packaging, or equipment. There is hereby established a f…

A. The words and terms defined in R.S. 3:1603 are applicable to this Chapter. B. The following words and terms are defined for the purposes of this Chapter. APHIS―the Animal and Plant Health Inspection Service of the United States Department of Agriculture. ASCS―the Agricultural …

A. The following articles shall be regulated: 1. the boll weevil; 2. cotton plants and bolls; 3. gin trash; 4. seed cotton; 5. used cotton equipment; 6. any other products, articles, means of conveyance, or any other item or thing whatsoever which presents the possibility of spre…

A. Certificate, Permit or Written Waiver Required 1. Regulated articles moving into, within or from the state of Louisiana shall be accompanied by a certificate or permit issued by an authorized regulatory official in the state where such articles originated, if such state is oth…

A. The commissioner may, as a condition of issuance of a certificate, permit or written waiver, require a compliance agreement stipulating one or more expressed conditions of the certificate, permit or written waiver, as required by the commissioner, which may include but are not…

A. The commissioner is authorized to stop any person and inspect any regulated article or means of conveyance moving into, within or from the state of Louisiana when he has reason to believe that such regulated article or means of conveyance is infested with the boll weevil. The …

A. When the commissioner deems the purchase of cotton necessary to effectuate the purposes of the boll weevil eradication program, he shall make a written determination to purchase. 1. The written determination to purchase shall contain the reasons for the determination, the purc…

A. One boll weevil eradication zone is hereby created within the state of Louisiana consisting of all the territory within the state of Louisiana. B. This boll weevil eradication zone shall be known as the Louisiana Eradication Zone.

A. The commissioner is hereby authorized to issue Quarantine Orders to affected parties whenever he determines that a quarantine is necessary to effectuate the purposes of the boll weevil eradication program. B. Quarantine Orders shall be written and shall describe with particula…

A. Any person who aids and abets another person in any act or omission which constitutes a violation of the Boll Weevil Eradication Law or these regulations shall be in violation of the Boll Weevil Eradication Law and these regulations. Each act or omission of aiding and abetting…

A. All cotton producers growing cotton in the state of Louisiana shall certify their planted cotton acreage by the later of July 15 or at final certification of the current growing season at the FSA office responsible for the parish or parishes in which they produce cotton. The c…

A. The annual maintenance inspection fee on cotton producers in the Louisiana eradication zone shall be $4 per acre for each acre of cotton planted in the state. Each cotton producer shall pay his annual maintenance inspection fee directly to the department no later than July 15 …

A. All cotton producers growing cotton in Louisiana shall participate in the boll weevil eradication program in accordance with the Louisiana boll weevil eradication law and these regulations. B. Cotton producers shall destroy cotton stalks in every field planted in cotton, on or…

A. The CHDO Homeownership Housing Program is being established by the agency to encourage Community Housing Development Organizations (CHDO) to serve as developers or sponsors in the construction, reconstruction and/or the acquisition-rehabilitation of not more than 20 buildings …

Abandoned―a housing unit which has been certified by the developer/owner and the local jurisdiction within which the housing unit is located that the unit has been vacant for at least 18 months. Accessible―a site, building, facility, or portion thereof that complies with the Unif…

A. Applicants wishing to receive a commitment of 1998 HOME funds must submit one original HOME project summary-CHDO Homeownership Housing Program application plus two copies, along with a nonrefundable application fee computed in accordance with the fee schedule below. 1. Applica…

A. Applications will be reviewed by agency staff only upon submission of the application (including all appendices), appropriate application fee, and accompanying submissions. B. Applications will generally be evaluated to ensure that the application package is complete. C. Incom…

A. No project will be allocated home funds under the CHDO Homeownership Program in excess of $200,000. B. No related persons, entities, principals thereof or agents thereof having an identity of interest shall be allocated HOME funds under the CHDO Homeownership Housing Program i…

A. Implementation Guidelines. All projects must be feasible and viable. The project must satisfy the following implementation guidelines. 1. HOME funds will be allocated only to fill the gap between other sources of funds available to the project and the required uses of funds in…

A. Applications must be accompanied by submissions listed below. 1. Affirmative Marketing Procedures. Applicants must indicate in Appendix XIII affirmative marketing requirements and procedures that will be adopted. Such procedures must be in accordance with HUD regulations. 2. O…

Points A. Ratio of Project's Intermediary Cost to Development Costs (See Subsection K for formula to calculate ratio) 1. Less than or equal to 10% 2. More than 10% but less than or equal to 15% 3. More than 15% but less than or equal to 20% 4. More than 20% 20 15 10 0 B. Project …

A. The CHDO Homeownership Housing Program Home Project Summary Application and the exhibits thereto (referred to in Chapter 3 of these rules) are available upon request through the Louisiana Housing Financing Agency.

A. These rules implement the Capital Companies (CAPCOs) Tax Credit Program pursuant to R.S. 51:1921 et seq. and R.S. 22:1068(E). This program was created by Act 642 of the 1983 Legislature, amended by Act 891 in 1984, Acts 695 and 915 in 1986, Act 496 in 1989, Acts 279 and 724 of…

A. The following terms shall have the meanings provided herein, unless the context clearly indicates otherwise. Affiliate and/or Affiliated Company― a. solely for purposes of the transfer or sale of income or premium tax credits pursuant to R.S. 51:1924(F), R.S. 22:1068(E)(4), an…

A. In order to be eligible for any income or premium tax credits, debentures, notes or any other quasi-equity/debt instruments shall have an original maturity date of not less than five years from the date of issuance. If an investment is in the form of stock, partnership interes…

A. An advance notification of intent to seek certification shall be filed by a company or entity, the applicant, prior to filing an application. An advance notification fee of $100 shall be submitted with the advance notification form. B. An application fee of $5,000 shall be sub…

A. A company organized and existing under the laws of Louisiana, created for the purpose of making qualified investments, as required in R.S. 51:1921 et seq., shall make written application for certification to the commissioner on application forms provided by the office. B. The …

A. All CAPCOs, through an act under private signature executed by the business, duly acknowledged pursuant to Louisiana law, shall certify and acknowledge all of the following conditions for certification as a certified Louisiana capital company and shall certify and acknowledge …

A. In calculating the percentage requirements for continued certification of an investment pool under Subsection A of R.S. 51:1926, decertification of an investment pool under R.S. 51:1927 and voluntary decertification of an investment pool under R.S. 51:1928. 1. The numerator fo…

A. Prior to making an investment in a business, a CAPCO shall obtain, from an authorized representative of the business, a signed affidavit, the original of which shall be maintained by the CAPCO in its files. The affidavit shall contain all of the following: 1. full and conclusi…

A. Reporting Requirements. Pursuant to R.S. 51:1926(F)(2), CAPCOs are required to submit to the commissioner reports of selected information for each qualified investment made in the previous calendar year. Senate Concurrent Resolution Number 40 of the 1996 Regular Session also r…

A. In the event of a change of control of a certified Louisiana capital company, at least 30 days prior to the effective date, the CAPCO shall provide written notification to the commissioner of the proposed transaction. Unless additional information is required, the commissioner…

A. Any certified Louisiana capital company that has capital certified pursuant to R.S. 51:1924 for the calendar years 1999 or 2000, and which qualifies for credits pursuant to R.S. 22:1068(E) shall invest an amount, as determined by the secretary, into the following investments: …

A. If any Section, term, or provision of any of the foregoing rules, LAC 10:XV.301-320, is for any reason declared or adjudged to be invalid, such invalidity shall not affect, impair, or invalidate any of the remaining rules, or any term or provision thereof.

A. Pursuant to the authority granted under R.S. 51:1929(5), the following fee and assessment structure is hereby established to cover necessary costs associated with the administration of the certified Louisiana Capital Companies Tax Credit Program, R.S. 51:1921 et seq. 1. Reques…

A. The provisions of R.S. 22:1068(E)(1)(b) will be satisfied with respect to a note receivable issued by a certified Louisiana capital company or its investment pool to an investing insurance company if: 1. the note receivable has a stated final maturity date of not less than fiv…

A. An applicant seeking this designation for an intended investment shall provide to the secretary the following information along with the request for this designation: 1. a description of the project; 2. a description of all sources and uses of financing for the project; 3. a d…

A. An applicant seeking designation as a qualified technology fund shall provide to the secretary the following information along with the request for this designation: 1. the charter documents for the entity that will constitute the qualified technology fund; 2. copies of any ma…

Buyer in the Ordinary Course of Business―a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations and is in the business of selling farm products. Central Registry―the master index maintained by the secretary of state reflec…