Louisiana Administrative Code

A. Any permit renewal shall be for a term not to exceed the period of the original permit established under

A. The office shall, upon the basis of a complete application for renewal, and completion of all procedures required under §§3509-3511, issue a renewal of a permit within 120 days of the filing of the application for renewal, unless it is established and written findings are made…

A. No transfer assignment, or sale of the rights granted under any permit issued pursuant to a regulatory program shall be made without the prior written approval of the office, in accordance with §§3515-3519.

A. Any person seeking to succeed by transfer, assignment or sale to the rights granted by a permit issued under this regulatory program shall, prior to the date of such transfer, assignment or sale: 1. obtain the performance bond coverage of the original permittee by: a. obtainin…

A. A successor in interest to a permittee who is able to obtain the bond coverage of the original permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan and permit of the original permittee. B. Pursuant to §3517…

A. For the purposes of future permit eligibility determinations and enforcement actions, the office must enter into AVS the data shown in the following table. Enter into AVS all… Within 30 days after… (1) permit records the permit issued or subsequent changes made. (2) unabated o…

A. Within 30 days after the issuance of a cessation order under §6501, the permittee must provide or update all the information required under

A. Anyone, other than common or contact carriers licensed by the Interstate Commerce Commission and who files monthly reports under provision of R.S. 47:783, who transports gasoline upon Louisiana highways into or from a state which has a lower tax rate than Louisiana, may do so …

A. In order to be eligible to elect hospice care under Medicaid, a recipient must be terminally ill. An individual is considered to be terminally ill if the individual has a medical prognosis that his or her life expectancy is six months or less if the illness runs its normal cou…

5. Re‑election of Hospice Benefits. If an election has been revoked in accordance with the provisions of this §3505, the individual or his/her representative may at any time file an election, in accordance with §3501, for any other election period that is still available to the i…

A. An individual or his/her representative may revoke the individual's election of hospice care for a particular election period at any time during an election period. 1. Required Statement of Revocation. To revoke the election of hospice care, the individual or his/her represent…

A. An individual or his/her representative may change, once in each election period, the designation of the particular hospice from which hospice care will be received. The change of the designated hospice is not a revocation of the election for the period in which it is made. To…

A. The purpose of this regulation is to set forth rules and procedural requirements that the commissioner deems necessary to carry out the provisions on credit for reinsurance, R.S. 22:651 et seq. The actions and information required by this regulation are hereby declared to be n…

A. If any provision or item of this regulation, or the application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications of the regulation which can be given effect without the invalid provision, item, or application.

A. Pursuant to R.S. 22:651(B), the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer that was authorized in this state as of any date on which statutory financial statement credit for reinsurance is claimed.

A. Pursuant to R.S. 22:651(C) the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer that is accredited as a reinsurer in this state as of the date on which statutory financial statement credit for reinsurance is claimed. An accredi…

A. Pursuant to R.S. 22:651(D), the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer which, as of any date on which statutory financial statement credit for reinsurance is claimed, and thereafter for so long as credit for reinsuran…

A. Pursuant to R.S. 22:651(E), the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer that has been certified as a reinsurer in this state at all times for which statutory financial statement credit for reinsurance is claimed under …

1. a non-United States jurisdiction that is subject to an in-force covered agreement with the United States, each within its legal authority, or, in the case of a covered agreement between the United States and the European Union, is a member state of the European Union. For purp…

A. Pursuant to R.S. 22:651(G), the commissioner shall allow credit for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of R.S. 22:651(B), (C), (D), (E) or (F) but only as to the insurance of risks located in jurisdictions where the rein…

A. Pursuant to R.S. 22:652, the commissioner shall allow a reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of R.S. 22:651 in an amount not exceeding the liabilities carried by the ceding insurer. The reducti…

A. As used in §3517: Beneficiary―the entity for whose sole benefit the trust has been established and any successor of the beneficiary by operation of law. If a court of law appoints a successor in interest to the named beneficiary, then the named beneficiary includes, and is lim…

A. The letter of credit must be clean, irrevocable, unconditional and issued or confirmed by a qualified United States financial institution as defined in R.S. 22:653(A). The letter of credit shall contain an issue date and expiration date and shall stipulate that the beneficiary…

A. A ceding insurer may take credit for unencumbered funds withheld by the ceding insurer in the United States subject to withdrawal solely by the ceding insurer and under its exclusive control.

A. Credit will not be granted, nor an asset or reduction from liability allowed, to a ceding insurer for reinsurance effected with assuming insurers meeting the requirements of §§3505, 3507, 3509, 3510, or 3513 or otherwise in compliance with R.S. 22:651 after the adoption of thi…

A. The following kinds of reinsurance agreements shall not be entered into by any domestic insurer unless they are first submitted to the commissioner of insurance for his written approval, who shall approve the same if the terms thereof do not injuriously affect the rights of po…

A. All new and renewal reinsurance transactions entered into after December 31, 2013 shall conform to the requirements of the Act and this regulation if credit is to be given to the ceding insurer for such reinsurance. B. Form AR-1 FORM AR-1CERTIFICATE OF ASSUMING INSURER I______…

A. The reimbursement for family planning clinics is a flat fee for each covered service as specified on the established Medicaid fee schedule. Fee schedule rates are based on a percentage of the Louisiana Medicare Region 99 allowable for a specified year. B. Effective for dates o…

A. No person shall engage in the transmission of carbon dioxide or undertake the construction or extension of any facility therefor, or acquire or operate any such facility or extension thereof to serve secondary or tertiary recovery projects for the enhanced recovery of liquid o…

A. Except as may be provided for hereinafter, no rule, regulation, order or certificate, or change, renewal or extension thereof, provided for in these regulations shall, in the absence of an emergency, be issued except after public hearing held not less than 10 days following th…

A. Applications to the commissioner for the issuance of an order or a certificate of public convenience and necessity shall be submitted in writing, be verified under oath, and shall be in the form and contain such information as is prescribed below. B. All applications submitted…

A. The purpose of this Chapter is to implement the Retention and Modernization Act as established by R.S. 51:2399.1 et seq. B. The Chapter shall be administered to achieve the following purposes: 1. to induce businesses to remain in the state and not relocate outside the state; a…

A. Terms not otherwise defined in this Chapter shall have the same meaning given to them in R.S. 51:2399.1 unless the context clearly requires otherwise. B. In this Chapter, the following terms shall have the meaning provided in this Section, unless the context clearly requires o…

A. An employer must meet two sets of requirements. 1. Qualifying Manufacturer a. Eligible Employers. To qualify for a contract pursuant to this Chapter, employers must be a manufacturer, as defined by North American Industry Classification System (NAICS) codes: 113310, 211, 21311…

A. An employer earns tax credits in the calendar year in which the project is placed in service. B. Certified tax credits shall be granted by the department at a rate of 1 percent of the amount of certified expenditures annually over a five year period, for a total of 5 percent o…

A. Beginning January 1, 2010, an applicant may apply for this program by submitting the following information to the department: 1. a written application; 2. supporting data as requested by the department, including but not limited to: independent third party reports verifying ef…

A. The department shall review the application and supporting information and determine whether to allocate tax credits. 1. Evaluation. When determining allocation of available tax credits the department shall take the following factors into consideration: a. the impact of the pr…

A. Beginning July 31, 2011, employers seeking final certification of tax credits must submit to the department: 1. an audit of qualified expenditures incurred by the employer for modernization, certified by an independent certified public accountant; a. qualified expenditures tha…

A. After receiving a final certification letter from the department, an employer may claim his refundable tax credit from LDR as follows. 1. All entities taxed as corporations for Louisiana income or corporation franchise tax purpose shall claim any credit on their corporation in…

A. Any person making an application, claim for a tax credit, or any report, return statement, invoice or other instrument or providing any other information pursuant to this program who willfully makes or who willfully aids or abets another in making such false or fraudulent appl…

A. In accordance with R.S. 49:953(C)(1), any interested person may petition an agency to adopt a new rule, or to amend or repeal an existing rule. B. To petition an agency within the Division of Administration for changes to the agency’s current rules, or for the adoption of new …

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. Written policy and procedure shall govern the regular inspection and maintenance of locks and keys. B. Written policy and procedure shall govern the issue, use, control, loss and replacement of all keys. C. A locked secure area shall be provided for all keys not in use and for…

A. Every institution shall provide a control center manned 24 hours, to monitor and control communications, emergency systems and security.

A. Items legally defined as contraband shall be identified in a list to be made available to all inmates, employees and visitors, together with regulations for disposal. B. A list of articles approved for inmates will be identified and all other items will be considered unaccepta…

A. The institution shall comply with all provisions of state and local fire, safety and other applicable codes and regulations. B. The institution shall develop written emergency procedures to cover escapes, riots, fires, passive resistance, other disturbances and disasters, and …

A. Searches of inmate living areas shall be conducted according to written policies and procedures, avoiding damage or destruction to personal property. B. Contraband items removed during area searches shall be logged, and a receipt shall be given to the inmate if requested. C. B…

A. Each area within the facility shall be designated for a certain level of security, and appropriate hardware shall be provided to insure that level. B. Each opening in the exterior security perimeter of the facility shall contain hardware appropriate to contain safely the inmat…