Louisiana Administrative Code

A. Safety and Supervision. Interventions to manage inappropriate client behavior must be used within sufficient safeguards and supervision to insure that the safety, welfare, and civil and human rights of clients are adequately protected. These interventions must: 1. never be use…

A. This regulation prescribes the authority of the assistant secretary of the Office of Conservation and procedures to be utilized by him in carrying out his duties regarding administration and enforcement of R.S. 30:701 et seq., and the rules and regulations promulgated thereund…

A. Except as herein provided, any order, notice or other documents required to be served under this regulation shall be served personally or by registered or certified mail. B. Should the assistant secretary elect to make personal service, it may be made by any officer authorized…

A. The assistant secretary may sign and issue subpoenas either on his own initiative or, upon request and adequate showing by any person participating in any proceeding before the assistant secretary that the information sought is relevant and will materially advance the proceedi…

A. Officers, employees or agents authorized by the assistant secretary, upon presenting proper credentials, are authorized to enter upon, inspect and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent that such records and…

A. Upon determination that a probable violation of R.S. 30:701 et seq., or any rule, regulation or order issued thereunder has occurred, the assistant secretary may institute enforcement procedures by serving upon the hazardous liquid pipeline operator a letter of non-compliance …

A. Upon expiration of the delay allowed in the letter of non-compliance or modified letter of non-compliance for correcting said probable violation, the operator’s facilities shall be reinspected and if the operator is found to be in compliance, the enforcement file for said viol…

A. At any time that the assistant secretary determines that such action is appropriate, he may direct that an operator attend a formal show cause hearing and to show cause at said hearing why he should not be compelled to comply with applicable statutes and the rules and regulati…

A. Should the assistant secretary, the director of pipelines or the chief of pipeline safety find an existing emergency due to non-compliance with law or the rules, regulations or orders issued pursuant thereto or due to leakage or other hazard which in his judgment requires the …

A. Notwithstanding any self imposed regulatory limitations, if the assistant secretary finds, after reasonable notice and an opportunity to be heard in accordance with §31313, a particular pipeline facility subject to R.S. 30:701 to be hazardous to life or property, he may issue …

A. Whenever it appears to the assistant secretary that any person or operator has engaged, is engaged, or is about to engage in any act or practice constituting a violation of R.S. 30:701 et seq., or any rule, regulation or order issued thereunder, he may bring an action in the c…

A. After notice and opportunity to be heard, in accordance with §31313, the assistant secretary may, after determining that a person has violated any provision of R.S. 30:701, et seq., or any rule, regulation or order issued pursuant thereto, assess a civil penalty upon or agains…

A. Upon application by any person engaged in the transportation of hazardous liquids or the operation of intrastate pipeline facilities, the assistant secretary shall, by order, after notice and opportunity for hearing and under such terms and conditions and to such extent as the…

A. The ICF/MR will establish written policies that safeguard clients' rights and define their responsibilities. The ICF/MR chief executive officer and ICF/MR staff will be trained in, and will adhere to, client rights policies and procedures. ICF/MR personnel will protect and pro…

A. All clients, families, and/or responsible parties will sign a statement that they have been fully informed verbally and in writing of the following information at the time of admission and when changes occur during the client's stay in the facility: 1. the facility's rules; 2.…

A. Civil Rights Act of 1964 (Title VI). Title VI of the Civil Rights Act of 1964 states: "No persons in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination unde…

A. The facility must comply with 42 CFR 483.420 and with the provisions below. 1. Each client must: a. be fully informed by a physician of his health and medical condition unless the physician decides that informing the client is medically contraindicated; b. be given the opportu…

A. A person who submits or reports a complaint concerning a suspected violation of a client's rights or concerning services or conditions in an ICF/MR or who testifies in any administrative or judicial proceedings arising from such complaints will have immunity from any criminal …

A. Under the provisions of Louisiana R.S. 40:2009.13-40:2009.20 and 14:4032 federal regulation 42 CFR 483.405, 483.420, 483.440 and the state Operations Manual published by the Department of Health and Hospitals and Health Care Financing Administration, the following procedures a…

A. Any person having knowledge of the alleged abuse or neglect of a client or knowledge of a client being denied care and treatment may submit a complaint, preferably in writing. B. Any person may submit a complaint if he/she has knowledge that a state law, standard, rule, correc…

A. All incidents or allegations of abuse and/or neglect must be reported by telephone or fax within 24 hours to DHH's Health Standards Section. This must be followed by a copy of the results of the facility's internal investigation within five working days. Complete investigative…

A. A complaint can be filed as follows: 1. it may be submitted in writing to the Health Standards Section at Box 3767, Baton Rouge, LA 70821‑3767; or 2. it may be made by calling Health Standards Section at 1-888-810-1819, or (225) 342-0082, and the FAX number (225) 342-5292; 3. …

A. After the investigation DHH may take any of the following actions. 1. Valid Complaint with Deficiencies Written. The Department of Health and Hospitals shall notify the administrator who must provide an acceptable plan of correction as specified below. a. If it is determined t…

A. A complainant or a facility dissatisfied with any action taken by DHH's response to the complaint investigation may request an informal reconsideration as provided in R.S. 40:2009.11 et seq. B. Retaliation by ICF/MR Facility. Facilities are prohibited from taking retaliatory a…

A. For each client who is involved in an accident or incident, an incident report shall be completed including the name, date, time, details of accident or incident, circumstances under which it occurred, witnesses and action taken. 1. Incidents or accidents involving clients mus…

A. If it is determined by HSS that continued stay is not needed, the client's attending physician or qualified mental retardation professional (QMRP) shall be notified within one working day and given two working days from the notification date to present his/her views before a f…

A. The requirements in this Chapter apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as LAC 33:V.1501 provides otherwise.

A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health…

A. Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequencies must ensure compliance with LAC 33:V.1509, 1511.D, 1516.D, 1529.D-E, 3203, and 3322, as well as meet any additional requirements needed to protect human health and the environ…

A. A miscellaneous unit that is a disposal unit must be maintained in a manner that complies with LAC 33:V.3203 during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils or groundwater that cannot be completely removed or decontaminat…

A. The purpose of these Rules is to regulate the activity of certifying, designing, inspecting, installing, integrating, maintaining, selling and servicing of security, household fire warning, stand alone electro/mechanical locking, door hardware, door hardware consultation, bank…

A. These Rules shall apply to all firms and persons engaged in property protection activity.

A. These Rules shall not apply to the following: 1. firms and/or persons engaging in the activity of certifying, inspecting, installing, integrating, or servicing fire detection and alarm equipment and/or systems in commercial businesses; 2. the certifying, inspecting, installing…

A. Any notice required to be given by the state fire marshal by any provision of R.S. 40:1664.1 et seq., or these rules must be given by personal or domiciliary service or mailed, postage prepaid, to the person's residence or firm address as it appears on the records in the Offic…

A. Each firm engaged in property protection activity shall apply for a certificate of registration in the endorsements of certification desired in accordance with these Rules prior to conducting any such activity in this state. B. Each person or employee, including apprentices, e…

A. The following words and terms, when used in these rules, shall have the following meanings, unless the context clearly indicates otherwise. Access Control Systems―those locking systems and equipment as outlined in NFPA 101 designed to restrict entry into an area, room, buildin…

A. Every firm must obtain from the state fire marshal a certification of registration with the appropriate endorsements as provided for by R.S. 40:1664.1 et seq., before engaging in the property protection activity of security, household fire warning, stand alone electro/mechanic…

A. Required. Each person who engages in property protection activity of security, household fire warning, stand alone electro/mechanical locks, special locking systems and closed circuit television equipment and/or systems shall have a current and valid license issued by the stat…

A. Any alteration of a certificate of registration or license renders it invalid and such alteration shall be the basis for administrative action in accordance with penalties set forth in R.S. 40:1664.1 et seq., and these rules.

A. Applications for a certificate of registration for Life Safety and/or Property protection firms shall be in writing on the forms provided by the state fire marshal and accompanied by the required fee as specified in these rules. B. The application for certificates of registrat…

A. Each certified firm or each firm seeking certification shall employ at least one qualifying person for each endorsement it is making application for. No property protection system or equipment shall be certified, inspected, installed, integrated, maintained, serviced, sold, or…

A. Applications for a license from an employee of a certified firm shall be on forms provided by the State Fire Marshal and accompanied by the required fee as specified in these Rules. B. Applications for individual licenses shall be accompanied by a written statement from the em…

A. Every fee required in accordance with the provisions of R.S. 40:1664.1 et seq., and these rules, shall be paid by firm check or certified funds made payable to the "Office of State Fire Marshal." Cash or personal checks cannot be accepted. B. Fees shall be paid at or mailed to…

A. Certificate of Registration Fees for Firms Initial Renewal Technical Endorsement Security $250 $50 Locksmith $250 $50 Door Hardware $250 $50 Specialty Endorsement Household Fire $250 $50 CCTV $250 $50 Door Hardware Consultant $250 $50 Bank Locking $250 $50 Special Locking $250…

A. Initial Training Certification. Applicants for an individual initial license are required to meet the initial training certification requirements as established by the Life Safety and Property Protection Advisory Board. B. Continuing Education. Applicants for an individual lic…

A. All property protection systems and equipment shall be certified, designed, installed, integrated, maintained or serviced in a manner that maintains the highest level of operation afforded by the manufacturer of the product. B. All property protection systems and equipment sha…

A. Where a smoke inducing (fog systems) security system is installed in a commercial business, the installing firm shall notify all local law enforcement and fire service agencies in that jurisdiction which have responsibility for response to the business. B. Such notification sh…