Louisiana Administrative Code

A. The State Fire Marshal may refuse the issuance or renewal of, suspend, or revoke a certificate of registration, or license and impose administrative penalties, if, after notice and hearing, as provided for by the Administrative Procedures Act, it is found that a person, certif…

A. If any provision of these rules or the application thereof to any firm, person, employee or circumstance is held invalid for any reason, the invalidity shall not affect the other provisions or any other application of these rules which can be given effect without the invalid p…

A. The office adopts by reference in their entirety those copyrighted codes or standards enumerated in LAC 55:V:103 published by and available from the National Fire Protection Association, Inc.(NFPA), Batterymarch Park, Quincy, Massachusetts, 02268. A copy of the codes and stand…

A. This office currently approves the following as nationally recognized testing laboratories for the purpose of these rules: 1. Underwriters Laboratories, Inc.; 2. Factory Mutual Research Corporation; 3. The United States Testing Company, Inc.; and 4. Intertek-ETL. B. The recogn…

A. Each certified firm location shall be required to possess the equipment, tools, NFPA codes, standards and manufacturer's UL listed installation and service manuals necessary to properly certify, hydrostatic test, inspect, install, plan, maintain or service the systems or equip…

A. The State Fire Marshal may create an advisory committee to assist him or his representative to create new rules or modify existing rules as necessary to reflect changes or new trends in the industry. Associations requested to participate on the committee shall nominate the mem…

A. All plumbing contractors who have met all requirements and passed a prescribed written examination based upon National Fire Protection Association (NFPA) Code, that has been given either by a recognized political subdivision of the state of Louisiana or by the State Licensing …

A. No fire sprinkler system/equipment requiring plan submittal in accordance with R.S. 40:1574 et seq., shall be installed prior to submitting plans with required documentation and receiving authorization to install such system from the Plan Review Section of the Office of State …

A. Marking of Vehicles. All service vehicles owned or operated by firms or their employees used for regulated activities, as defined by R.S. 40:1664.1 et seq., and these rules shall have the firm name and firm certificate number permanently inscribed, painted, stenciled or affixe…

A. In addition to the definitions given in LAC 33:IX.2313 and 40 CFR 123.2 (LPDES) and 501.2 (sludge management), the definitions below apply to LAC 33:IX.Chapters 31-35. Administrator―the administrator of the U.S. Environmental Protection Agency, or an authorized representative.…

A.1. Any person who requires a permit under the LPDES, program shall complete, sign, and submit to the director* an application for each permit required under LAC 33:IX.2311. Applications are not required for LPDES general permits (LAC 33:IX.2515). 2. The director* shall not begi…

A. Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the state administrative authority's initiative. However, permits may only be modified, revoked and reissued, or terminated for the rea…

A. Once an application is complete, the state administrative authority shall tentatively decide whether to prepare a draft permit or to deny the application. B. If the state administrative authority tentatively decides to issue an LPDES general permit, he or she shall prepare a d…

A. The DEQ shall prepare a statement of basis for every draft permit for which a fact sheet under LAC 33:IX.3111 is not prepared. The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices…

A. A fact sheet shall be prepared for every draft permit for a major LPDES facility or activity, for every LPDES general permit (LAC 33:IX.2515), for every LPDES draft permit that incorporates a variance or requires an explanation under LAC 33:IX.3305.C, for every draft permit th…

A. Scope 1. The state administrative authority shall give public notice that the following actions have occurred: a. a draft permit has been prepared under LAC 33:IX.3107.C; or b. a hearing has been scheduled under LAC 33:IX.3117. 2. No public notice is required when a request fo…

A. During the public comment period provided under LAC 33:IX.3113, any interested person may submit written comments to the Office of Environmental Services on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hear…

A.1. The state administrative authority shall hold a public hearing whenever he or she finds, on the basis of requests, a significant degree of public interest in a draft permit(s). 2. The state administrative authority may also hold a public hearing at his or her discretion, whe…

A. All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the state administrative authority's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must raise all reasonably asc…

A.1. The state administrative authority may order the public comment period reopened if the procedures of this Subsection could expedite the decision making process. When the public comment period is reopened under this Paragraph, all persons, including applicants, who believe an…

A. After the close of the public comment period under LAC 33:IX.3113 on a draft permit, the state administrative authority shall issue a final permit decision. The state administrative authority shall notify the applicant and each person who has submitted written comments or requ…

A. At the time that any final permit decision is issued under LAC 33:IX.3123, the state administrative authority shall issue a response to comments. States are only required to issue a response to comments when a final permit is issued. This response shall: 1. specify which provi…

A. It is the department’s goal to operate a managed health care delivery system that: 1. improves access to care and care coordination; 2. improves the quality of services; 3. promotes healthier outcomes for Medicaid recipients through the establishment of a medical home system o…

A. In 1984, the legislature passed Act 701 enacting R. S. 40:2481-2483 to provide a statewide High Blood Pressure Control Program (LHBPCP), under the auspices of the Office of Preventive and Public Health Services.

A. Hospice care is an alternative treatment approach that is based on a recognition that impending death requires a change from curative treatment to palliative care for the terminally ill patient and supporting family. Palliative care focuses on comfort care and the alleviation …

A.1. The goal of the LHBPCP is to reduce morbidity and mortality associated with hypertension and its complications (heart disease and stroke) through a comprehensive preventive system. Services are targeted to the high risk population 14 years of age and older. The program provi…

A. The following Medicaid recipients shall be mandatory participants in managed care: 1. mandatory enrollees: a. children up to 19 years of age who are eligible under §1902 and §1931 of the Social Security Act (hereafter referred to as the Act) as poverty-level related groups and…

A. The MCO shall abide by all enrollment and disenrollment policy and procedures as outlined in the contract developed by the department. B. The department will contract with an enrollment broker who will be responsible for the enrollment and disenrollment process for MCO enrolle…

A. A member may request disenrollment from an MCO for cause once the member has changed MCOs two times in a calendar year. B. A member may request disenrollment from an MCO without cause at the following times: 1. during the 90 days following the date of the member's initial enro…

A. The MCO member’s rights shall include, but are not limited to the right to: 1. receive information in accordance with federal regulations and as described in the contract and department issued guides; 2. receive courteous, considerate and respectful treatment provided with due…

A. Definitions Abuse—provider practices that are inconsistent with sound fiscal, business, or medical practices, and result in unnecessary costs to the Medicaid program, or in reimbursement for services that are not medically necessary or that fail to meet professionally recogniz…

A. Hospital and Practitioner Directed Payments 1. Subject to written approval by the Centers for Medicare and Medicaid Services (CMS), the Louisiana Department of Health (LDH) shall provide directed payments to qualifying hospitals and practitioner/groups. Practitioners include p…

A. To ensure necessary combustion and air pollution control to treat waste listed in the permit.

A. The operator of a hazardous waste incinerator shall secure a permit from the Office of Environmental Services. COMMENT: The permit application must also include the information required in LAC 33:V.3115. B. The operator shall provide the administrative authority with an accept…

A. These regulations apply to owners and operators of facilities that incinerate hazardous waste. All permit conditions, compliance orders, compliance schedules, and other requirements of the permit required shall be obtained pursuant to LAC 33:V.Subpart 1 and any other requireme…

A. As a portion of the trial burn plan required by LAC 33:V.3115 or with the permit application, the owner or operator must have included an analysis of the waste feed sufficient to provide all information required by LAC 33:V.529 and 3115.B. Owners or operators of new hazardous …

A. Principal organic hazardous constituents (POHCs) in the waste feed must be treated to the extent required by the performance standard of LAC 33:V.3111. B. One or more POHCs will be specified in the facility’s permit from among those constituents listed in LAC 33:V.3105, Table …

A. An incinerator burning hazardous waste must be designed, constructed, and maintained so that, when operated in accordance with operating requirements specified under LAC 33:V.3117, it will meet the following performance standards. 1. Except as provided in this Paragraph, an in…

A. The owner or operator of a hazardous waste incinerator may burn only hazardous wastes specified in his permit and only under operating conditions specified in LAC 33:V.3117 except: 1. in approved trial burns as specified in LAC 33:V.3115; or 2. under exemptions stated in LAC 3…

A. Conditions. For the purposes of determining operational readiness following completion of physical construction, the administrative authority must establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit to a new h…

A. An incinerator must be operated in accordance with operating requirements specified in the permit. These will be specified on a case-by-case basis as those demonstrated (in a trial burn or in alternative data as specified in LAC 33:V.3115 and included with a facility’s permit …

A. The owner or operator must monitor, as a minimum, the following while incinerating hazardous waste: 1. combustion temperature, waste feed rate, and the indicator of combustion gas velocity specified in the facility permit must be monitored on a continuous basis; 2. CO must be …

A. At closure the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the incinerator site. At closure, as throughout the operating period, unless the owner or operator can…

A. Federal plan requirements published in the Code of Federal Regulations at 40 CFR 62, Subpart OOO, May 21, 2021, are hereby incorporated by reference as they apply to sources in the state of Louisiana.

A. Inmates may receive visits from attorneys or attorney-delegates at any reasonable time between wake-up and lights-out. B. Inmate communications, with attorneys by telephone or personal visit shall be entirely confidential. C. Inmate correspondence with attorneys shall be entir…

A. Inmates shall have maximum freedom and duration for visiting consistent with the security and management needs of the institution. B. Each inmate shall be permitted a minimum of one personal visiting period per week. C. Visitors shall be notified by posted signs that they and …

A. Outgoing letters from inmates will be submitted unsealed and may be inspected and censored by the institutions. B. An outgoing letter from an inmate may be disapproved if it falls into any of the following categories: 1. it contains threats of physical harm against any person …

A. Inmates shall have reasonable access to telephones on a regular schedule. B. Inmates shall be permitted to complete two local telephone calls at institution expense immediately after arrest, or two collect long distance calls if they are not local residents. C. Inmates shall h…

A. Inmates shall be permitted to attend religious services of their own denominations. B. Inmates shall not be sanctioned or rewarded for attendance at religious services or be required to be present during any service. C. Inmates in all conditions of detention shall have access …

A. Inmates shall have active outdoor recreation at least one hour per day three days per week where possible. B. Inmates shall be provided with some form of indoor recreational activity on a daily basis. C. Space and equipment and supplies for recreation shall be furnished by the…