Louisiana Administrative Code

A. These regulations establish guidelines under Sections 318 and 402 of the Act for approval of any discharge of pollutants associated with an aquaculture project. B. The regulations authorize, on a selective basis, controlled discharges which would otherwise be unlawful under th…

A. No LPDES permit shall be issued to an aquaculture project unless: 1. the state administrative authority determines that the aquaculture project: a. is intended by the project operator to produce a crop which has significant direct or indirect commercial value (or is intended t…

A. Either an owner or a leaseholder who has been requested by an owner to enter into a settlement for damage to the leasehold which may occur due to the owner's proposed oil and gas activity that is expected to intrude upon the leasehold may file with the board a preliminary requ…

A. The initial biological survey shall be based on onsite inspection and evaluation and shall be made to determine the quality and value of the beds and grounds expected to be affected by the proposed oil and gas activity. B. If a preliminary request for arbitration is filed but …

A. Biologists having a minimum educational attainment of a degree in a biological science, or having been accepted by a federal or state court in Louisiana as an expert witness in the field of oyster biology or oyster ecology may apply to the board for certification. The applicat…

A. Upon filing of the initial biological survey, the board shall determine the amount of the damage estimated to be sustained by the leasehold as a result of the proposed oil and gas activity, and shall notify the parties of the board's determination. B. Upon a showing of urgent …

A. Upon filing of the final biological survey together with a request for arbitration, the board shall call for a hearing to determine the actual damage sustained by the leasehold as a result of the oil and gas activity. The amount of actual damage determined by the board after h…

A. The board shall give reasonable notice of all hearings to all parties. B. The notice shall include: 1. a statement of the time, place, and nature of the hearing; 2. a statement of the legal authority and jurisdiction under which the hearing is to be held; 3. a reference to the…

A. Parties may obtain discovery by written interrogatories, production of documents and things, requests for admission, and permission to enter upon land or other property for inspection and other purposes, limited in scope to the following matters: 1. the oil and gas activity co…

A. A proposed oil and gas activity shall be deemed completed when the last damaging event occurs during the course of the activity.

A. The leaseholder must file his preliminary request for arbitration within two months of the date of receipt from the owner of the owner's request to the leaseholder to enter into a settlement for the damage which may be sustained due to the owner's proposed oil and gas activity…

A. All notices, filings and service of copies provided for herein shall be in writing and shall be effective upon physical delivery to the proper recipient or upon placing same in the U.S. mail, certified, with receipt requested, addressed to the proper recipient. Notices, filing…

A. The filing fee of $500 shall be paid to the board upon filing the preliminary request for arbitration.

A. Any party who is aggrieved by the final decision or order in these proceedings is entitled to judicial review thereof. B. Proceedings for judicial review of the final decision or order shall be instituted by filing a suit for judicial review in the district court of the parish…

A. The Medicaid Program covers medically necessary laboratory and radiology services that are ordered by a physician or other licensed practitioner acting within their scope of practice and: 1. provided by or under the direction of, a physician or other licensed practitioner acti…

A. Providers may only furnish laboratory services for which they are certified under the clinical laboratory improvement amendments. B. Providers may only receive reimbursements for services that they personally perform or supervise. C. Effective for dates of service on or after …

A. After a permit application under Subpart 3 has been approved, but before a permit is issued, the applicant shall file with the office, on a form prescribed and furnished by the office, a bond or bonds for performance made payable to the office and conditioned upon the faithful…

A. Each applicant for a permit shall submit to the office, as part of the permit application: 1. a certificate issued by an insurance company authorized to do business in the United States; the amount, duration, form, conditions and terms of this insurance shall conform to §4309;…

A. The office shall prescribe and furnish the form for filing a performance bond. B. The office shall prescribe terms and conditions for performance bonds and insurance by regulations which meet, at a minimum, the requirements of Chapters 41 and 43. C. The office shall determine …

A. This order provides rules of procedure for conducting hearings before the Commissioner of Conservation.

A. The words defined herein shall have the following meanings when used in these rules. All other words so used and not herein defined shall have their usual meanings unless specially defined in Title 30 of Louisiana Revised Statutes of 1950. Date―the postmarked date of a letter …

A. These rules of procedure shall be applicable to all hearing applications which require 30 days notice as set forth in Section 6B of Chapter 1 of Title 30 of the Louisiana Revised Statutes of 1950, including applications relating to revisions of poolwide units created under Sec…

A. Except as provided by §3917, any person intending to apply for a hearing, prior to filing application, shall send a notice outlining the proposal to the commissioner (in duplicate) with a copy to the district manager and to each interested owner and represented party. Interest…

A. Pertinent data shall be made available to interested owners and represented parties sufficiently in advance of any conference to allow a reasonable time for review and interpretation thereof prior to such conference. B. Reference to source, including commercial outlets, from w…

A. If any interested owner or represented party desires to confer about the applicant's proposal as set forth in the pre-application notice, he shall, within 10 calendar days after the date of said notice, advise the applicant of his desire to confer, and the applicant shall, wit…

B. If any interested owner or represented party desires to add one or more units to an applicant's plan, such interested owner or represented party shall, within five days after receiving the applicant's pre-application notice, secure waiver of pre-application notice and file his…

A. The hearing application may be filed immediately after the pre-application conference or as otherwise provided in §§3907 and 3911 and shall be filed with the commissioner (in duplicate) with a copy to the district manager and to each interested owner and represented party. Int…

A. If circumstances indicate that the 20 day delay required by the pre-application procedure in the filing of an application for a public hearing would result in undue hardship to the applicant, the commissioner may waive the pre-application notice requirements, and §3907 of thes…

A. If, after the application is filed, the applicant's proposal is revised, the applicant shall promptly notify the commissioner, the district manager and all parties to whom the application was sent, of the revision and furnish to them a copy of any revised plan and unit plat, i…

A. If any opponent or party supporting the applicant did not present the geological, engineering or other bases for his opposition or support at the preapplication conference, pre-hearing conference, or such other conferences provided by these rules, or if there has been a change…

A. The commissioner shall have the right to call a pre-hearing conference at any time prior to the hearing, if in his opinion such a conference would resolve or narrow the issues in controversy or would assist in the conduct of the hearing.

A. All notices and filings provided for herein shall be presumed as given timely when the date or actual date of receipt, if hand delivered, of the copy received by the commissioner complies with appropriate delays herein provided. Copies to interested owners and represented part…

A. When a hearing is opened and continued, the notice given for the original hearing shall be applicable to the continued hearing, if the hearing officer at the time of granting the continuance designates the new time, date and place of the continued hearing. In all other instanc…

A. The applicant shall first present the entire geological, engineering or other bases in support of his proposal. Any interested owner or represented party who supports the applicant and complied with §§3915, 3917 or 3921 shall next present the entire geological, engineering or …

A. If new pertinent data becomes available to any person after proceedings have been initiated hereunder, such evidence shall be made available immediately to all interested owners and represented parties by notice of its availability and by release in accordance with

A. Any interested owner or represented party who is not notified by an applicant, as set forth in §3907 or §3917, as appropriate, and who does not attend the conference requested pursuant to §3911 or the conference scheduled pursuant to §3917, whichever is applicable, shall not b…

A. Failure to comply with the provisions of or the spirit of these rules of procedure shall prevent an application from being advertised or heard, or shall prevent an opponent or supporting party from presenting evidence at the hearing, but an order issued by the commissioner sha…

A. Unless circumstances indicate that undue hardship would otherwise result, every applicant shall commence proceedings under these rules of procedure so as to permit the application to be docketed, advertised, heard and properly considered for at least 15 days before the order i…

A. Levels of Care. Transportation by ground ambulance has been determined to be of two levels of care: either basic life support (BLS) or advanced life support (ALS). The ALS level of care cannot be charged unless the services meet the requirements stated in the ALS definition be…

A. This document provides the basis for identification of procedures to be reimbursed to transportation vendors. The coding source is the health care financing administration common procedure coding system (HCPCS). No other coding methodology will be accepted by the carrier/self-…

A. Regulations for reporting unauthorized discharges or spills are hereby established by the Department of Environmental Quality by order of the administrative authority and pursuant to R.S. 30:2025(J), 2060(H), 2076(D), 2183(I), 2194(C), and 2204(A).

A. The purposes of these regulations are as follows: 1. to protect the health and well being of the people of the state of Louisiana and to prevent and mitigate damage to property or to the environment due to unauthorized discharges of pollutants to land, water, or air; 2. to pro…

A. The following terms as used in these regulations, unless the context otherwise requires or unless redefined by a particular part hereof, shall have the following meanings. Administrative Authority—the Secretary of the Department of Environmental Quality or his designee or the …

A. These regulations apply to all persons or parties, both permitted and unpermitted, licensed or unlicensed, who have responsibility for facilities, vessels, transport vehicles, or sites from which an unauthorized gaseous, liquid, semi-solid, or solid discharge may be released o…

A. Failure to comply with any of the provisions of these regulations constitutes a violation of the Louisiana Environmental Quality Act (R.S. 30:2001 et seq.). Each day of failure to give the required notification shall constitute a separate violation and shall be in addition to …

A. If any provision of these regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end provisions …

A. Notification to the DPS 24-Hour Louisiana Emergency Hazardous Materials Hotline 1. In the event of an unauthorized discharge that does cause an emergency condition, the discharger shall notify the hotline by telephone at (225) 925-6595 (collect calls accepted 24 hours a day) i…