Louisiana Administrative Code

A. Hearing 1. An opportunity shall be afforded all parties, aggrieved persons, or interested persons to respond and present evidence on all issues of fact involved and argument on all issues of law and policy involved and to conduct such cross-examination as may be required for a…

A. Rules of Evidence 1. The hearing officer may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs. He shall give effect to the rules of privilege recognized by law. He may ex…

A. If the subject matter of the hearing is not resolved, the hearing officer shall, within 14 days of the conclusion of a protest hearing, or within a reasonable time of the conclusion of a hearing to determine responsibility, suspension or debarment, or a controversy between the…

A. The commissioner shall have authority to review and determine any appeal by a party, aggrieved person or interested person who has intervened in a hearing before the hearing officer from a determination by the hearing officer from an adjudication on a protest of a solicitation…

A. Solicitation and Award of Contracts. The Nineteenth Judicial District Court shall have exclusive venue over an action between the state and a bidder, proposer, or contractor, prospective or actual, to determine whether a solicitation or award of a contract is in accordance wit…

A. An appeal to the Nineteenth Judicial District Court for review of a decision of the commissioner shall be instituted within the time delays established in the preceding Section entitled “Judicial Appeal from Administrative Decisions” by the filing of a petition. An appeal to t…

A. Review of a final judgment of the district court to the Court of Appeal for the First Circuit shall be taken as in other civil cases.

A. Assessment lists shall be open for public inspection each year for a period of 15 days, beginning no earlier than August 15 and ending no later than September 15, except in Jefferson Parish, where the lists shall be open for public inspection no earlier than August 1 and endin…

A. The Louisiana Constitution provides that the correctness of assessments made by an assessor will be subject to review first by the parish governing authority, then by the Louisiana Tax Commission, and finally by the courts, all in accordance with procedures established by law.…

A. The Tax Commission or its designated representative, as provided by law, shall conduct hearings to consider the written protest of an applicant taxpayer. The appeal shall be filed within 30 days after receipt of the public service section's certificate of value. In order to in…

A. The Tax Commission or its designated representative, as provided by law, shall conduct hearings to consider the written protest of an applicant taxpayer. The appeal shall be filed within 30 days of the dated Certificate of Value to the taxpayer. In order to institute a proceed…

A. Tax Commission or its designated representative, as provided by law, shall conduct hearings to consider the written protest of an applicant taxpayer. The appeal shall be filed within 30 days of the dated certificate of value to the taxpayer. In order to institute a proceeding …

A. The office has the responsibility to approve or disapprove permits. B. The office and persons applying for permits under regulatory programs shall involve the public throughout the permit process of regulatory programs. C. The office shall assure implementation of the requirem…

A. An applicant for a permit shall place an advertisement in a local newspaper of general circulation designated as the official journal by the governing authority in the parish of the proposed surface coal mining and reclamation operations at least once a week for four consecuti…

A. Written comments on permit applications may be submitted to the office by the public entities to whom notification is provided under §3103.B and C with respect to the effects of the proposed mining operations on the environment within their area of responsibility. B. These com…

A. Any person whose interests are or may be adversely affected or an officer or head of any federal, state, or local government agency or authority shall have the right to file written objections to an initial or revised application for a permit with the office, within 30 days af…

A. Procedure for Requests. Any person whose interests are or may be adversely affected by the issuance of the permit, or the officer or head of any federal, state or local government agency or authority may, in writing, request that the office hold an informal conference on any a…

A. General Availability. Except as provided in §3111.B or C, all applications for permits, revisions, renewals, transfers, assignments or sales of permit rights on file with the office shall be available, at reasonable times, for public inspection and copying. B. Limited Availabi…

A. Process 1. The applicant for a permit or revision of a permit shall have the burden of establishing that his application is in compliance with all the requirements of the office. 2. The office shall review the complete application and written comments, written objections submi…

A. This Section applies to an applicant who owns or controls a surface coal mining and reclamation operation with: 1. a notice of violation issued under §6503 for which the abatement period has not yet expired; or 2. a violation that is unabated or uncorrected beyond the abatemen…

A. No permit or revision application shall be approved, unless the application affirmatively demonstrates and the office finds, in writing, on the basis of information set forth in the application, or from information otherwise available, which is documented in the approval and m…

A. No application for a permit or revision which proposes to use an existing structure in connection with or to facilitate the proposed surface coal mining and reclamation operation shall be approved, unless the applicant demonstrates and the office finds, in writing, on the basi…

A. The office shall approve, require modification of, or deny all applications for permits under regulatory programs on the basis of: 1. complete applications for permits and revisions or renewals thereof; 2. public participation as provided for in this Subpart; 3. compliance wit…

A. Each permit shall be issued for a fixed term not to exceed five years. A longer fixed permit term may be granted, if: 1. the application is full and complete for the specified longer term; 2. the applicant shows that a specified longer term is reasonably needed to allow the ap…

A. Each permit issued by the office shall ensure that: 1. except to the extent that the office otherwise directs in the permit that specific actions be taken, the permittee shall conduct all surface coal mining and reclamation operations as described in the complete application; …

A. Each permit issued by the office shall ensure and contain specific conditions requiring that the: 1. permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of…

A. When the office has reason to believe that it improvidently issued a surface coal mining and reclamation permit, it shall review the circumstances under which the permit was issued. The office will make a preliminary finding that the permit was improvidently issued if, under t…

A. The office must suspend or rescind the permit upon expiration of the time specified in §3129.A.1. 1. Automatic Suspension and Rescission. After a specified period of time not to exceed 90 days the permit automatically will become suspended, and not to exceed 90 days thereafter…

A. The applicant may challenge a listing or finding of ownership or control using the provisions under §§3133 and 3135 if he or she is: 1. listed in a permit application or AVS as an owner or controller of an entire surface coal mining operation, or any portion or aspect thereof;…

A. To challenge an ownership or control listing or finding, the applicant must submit a written explanation of the basis for the challenge, along with any evidence or explanatory materials he or she wishes to provide under §3135.B, to the regulatory authority, as identified in th…

A. When the applicant challenges a listing of ownership or control, or a finding of ownership or control made under §3521.G, the applicant must prove by a preponderance of the evidence that he or she either: 1. does not own or control the entire surface coal mining operation or r…

A. Within 60 days of receipt of the challenge under §3133.A, the regulatory authority identified under §3133.A, will review and investigate the evidence and explanatory materials submitted and any other reasonably available information bearing on the challenge and issue a written…

A. All official records of the program will be retained for no less than five years, except records involving property in compliance status for six years or longer will be kept for at least one year after the case is closed.

A. The purpose of this regulation is to provide for the implementation of the Louisiana Basic Health Insurance Plan Pilot Program (LA Health); and to provide for related matters.

A. These regulations shall apply to all insurance carriers, health maintenance organizations, employers, health care providers and individuals that apply to cover or to be covered by the Louisiana Basic Health Insurance Pilot Program (LA Health).

A. For purposes of this regulation: Accidental Injury―bodily injury sustained as the result of an unforeseen event and which is the direct reason for receiving care and treatment (independent of disease, bodily infirmity or any other cause). Such care shall occur while coverage u…

A. An authorized carrier under the LA Health Plan shall deliver coverage for the plan through a fully insured individual health insurance policy or health maintenance organization membership plan. Each authorized carrier shall design the plan to minimize the cost of delivery and …

A. An authorized carrier shall be responsible for the operation of the LA Health Plan for which it has been certified to operate. B. An authorized carrier shall be authorized to participate in the LA Health Plan by entering into a pilot plan agreement with the commissioner. The a…

A. An applicant to become an authorized carrier shall apply for authorization to operate a LA Health Plan by submitting an application to the commissioner. The applicant shall provide at least the following information: 1. the name of the carrier and a description of its role in …

A. The commissioner shall have sole discretion regarding the authorization of carriers under the LA Health Plan. Applications will be evaluated by the commissioner in order of their receipt. The commissioner shall have sole discretion in determining if an application is complete.…

A. The commissioner may revoke the authority of an authorized carrier at any time if, in the judgement of the commissioner, one or more of the following, or similar, conditions exist: 1. the authorized carrier's plan does not comply with R.S. 22:2241-2247 or the Louisiana Insuran…

A. Each plan shall be evaluated by the commissioner on its ability to enhance the delivery and improve the cost effectiveness of medical services for the insured. This evaluation shall compare the results of the plan's coverage. The criteria and methodology for this evaluation sh…

A. Premium taxes required under R.S. 22:842 shall be imposed on an authorized carrier.

A. All applicable assessments for the Louisiana Life and Health Insurance Guaranty Association shall be imposed on an authorized carrier in accordance with R.S. 22:2081-2099.

A. For purposes of serving a LA Health Plan policy or soliciting prospective insureds for such a policy, insurance producers licensed for the line of accident and health or sickness shall be deemed to be servicing and soliciting within the scope of their license, pursuant to R.S.…

A. Eligibility for coverage and the effective date for an insured shall be determined by the authorized carrier after an applicant has returned the application for coverage to the authorized carrier and has been approved by said carrier. Eligibility for the LA Health Plan is limi…

A. The LA Health Plan is a basic health insurance plan providing primary and preventive health care services. Health care services are to be furnished by participating hospitals, clinics, and health care providers who have agreed to provide services under the LA Health Plan. An a…

A. The LA Health Plan provides for the following minimum or their actuarial equivalent inpatient hospital services: 1. 15 days of hospital inpatient care (hospital/medical) per calendar year. A $50 per day co-payment is required; 2. surgical procedures and related expenses are co…

A. The LA Health Plan provides for the following emergency room benefits: 1. outpatient health care received in the emergency room of a participating hospital is covered, limited to a maximum of $1,500 per insured per calendar year. This benefit is subject to an $85 co-payment pe…

A. The LA Health Plan provides for the following minimum, or their actuarial equivalent, primary health care provider services. 1. The LA Health Plan will provide for health care provider services, with such care including the general treatment of illness and diagnostic studies u…