Louisiana Administrative Code

A. This Chapter implements the exemption contained in §904.V(A) of the Act concerning the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total tonnage of coal and other minerals removed for purposes of commercial…

3. The information in the report shall cover: a. annual production of coal and other minerals and annual revenue derived from coal and other minerals during the preceding 12-month period; and b. the cumulative production of coal and other minerals and the cumulative revenue deriv…

A.1. Any person who plans to commence or continue coal extraction after April 1, 1990, the effective date of the proposed rules, in reliance on the incidental mining exemption shall file a complete application for exemption with the office for each mining area. 2. Following incor…

A. An application for exemption shall include at a minimum: 1. the name and address of the applicant; 2. a list of the minerals sought to be extracted; 3. estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining…

A. Except as provided in §409.B, all information submitted to the office under this Chapter shall be made immediately available for public inspection and copying at the local office of the regulatory authority having jurisdiction over the mining operations claiming exemption unti…

A. Activities are exempt from the requirements of the Act if all of the following are satisfied. 1. The cumulative production of coal extracted from the mining area determined annually as described in this Section does not exceed 16 2/3 percent of the total cumulative production …

A. A person conducting activities covered by this Chapter shall: 1. maintain on-site or at other locations available to authorized representatives of the office and the Secretary of Interior information necessary to verify the exemption including, but not limited to, commercial u…

A. Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use: 1. up to an amount equaling a 12-month supply of the coal required for future sale, transfer or use as calculated …

A. Regulatory Authority Responsibility. The office shall conduct an annual compliance review of the mining area, utilizing the annual report submitted pursuant to §419, an on-site inspection and any other information available to the office. B. If the office has reason to believe…

A.1. Following approval by the office of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the office containing the information specified in §419.B. 2. The report shall be filed no later than 30 da…

A. Effective August 15, 2011, Act 192 of the 2011 Regular Session of the Louisiana Legislature requires ignition interlock device reports to be submitted electronically. The person whose driving privilege is restricted pursuant to this Section, or which has been reinstated pursua…

Authorized Manufacturer―name of manufacturers approved by State Police Applied Technology. Authorized Manufacturer—name of manufacturers approved by State Police Applied Technology. Authorized Removal—a removal at the end of the period the ignition interlock device is required as…

A. The following format shall be used by an authorized manufacturer for submitting electronic filing of the report required by R.S. 32:378.2(H). 1. Header Record Char Pos Type Data Description Format 1 - 4 Num (4) Manufacturer Code 5 - 12 Num (8) Date Created CCYYMMDD 13 - 19 Num…

A. Files. Authorized manufacturers may only send in one file per day to the secure DMZ move it server. This file must be named XXXX.txt where XXXX is equal to the manufacturer code number assigned to the authorized manufacturer by the department. B. Records 1. Two types of record…

A. Header Record. The header record has a record type = “3”. It must be the first record on the filing. Filings will not be processed if the header record does not pass all edit checks. If an error is encountered in the header record, no return report will be sent back to the ser…

A. The following fields are required unless otherwise noted. The filing records must have a record type = “1”. If an error on any of the required fields is encountered, a description of the error will be written to the return report. These records will not be processed and must b…

A. The Louisiana Department of Public Safety and Corrections utilizes the move it server as the method of exchanging electronic data for interlock installation and transaction reporting. The “information exchange” service allows secure electronic data transfer between the departm…

A. The following error message will be sent for submissions by an authorized manufacturer: 1. driver’s license number: If the license is missing, invalid or does not match the DOB and/or driver name, the filing record will be sent to OMV to add manually. No error will be sent bac…

A. Procedural questions concerning this regulation should be referred to: Mailing Address— Attention: Impaired Driver Withdrawal Unit LA DPS Office of Motor Vehicles P.O. Box 64886 Baton Rouge, LA 70896 Email: Interlock@dps.la.gov Phone Numbers: (225) 925-6146 B. Technical questi…

A. An authorized removal as defined in this Chapter, other than an authorized removal at the end of the lease term, is not an authorization to operate a motor vehicle without an ignition interlock device. The operation of a motor vehicle without an ignition interlock install duri…

A. Effective August 1, 2019, an individual who had an ignition interlock device installed by an interlock manufacturer approved by Louisiana State Police, Applied Technology Unit, as a requirement of bail, a part of a pre-trial diversion program, or a term of suspended or deferre…

A. If the individual is charged or arrested for any offense involving the operation of a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs, during the period in which the individual is required to have an ignition interlock device as…

A. No credit for having an ignition interlock device will be given for any suspension time or condition of reinstatement requirement prior to August 1, 2019, the effective date of Act 396. Any credit for having an ignition interlock device will be given for any suspension time or…

A. No credit shall be given for any disqualification period on commercial driving privileges.

A. The limitations of this Chapter shall apply in limitation years beginning on or after July 1, 2007, except as otherwise provided herein. B The annual benefit otherwise payable to a member under the plan at any time shall not exceed the maximum permissible benefit. If the benef…

A.1. Unless the member has elected otherwise on or before December 31, 1983, the entire benefit of a member shall be distributed over a period not longer than the longest of the following periods: a. the member's life; b. if the member is married, the life of the member's designa…

A. Notwithstanding any other provision of law to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the board of trustees, to have any portion of an “eligible rollover distribut…

A. Unless otherwise provided in this Chapter, the accrued benefit of each section 401(a)(17) employee as that term is defined below shall be the greater of the following: 1. The employee's accrued benefit determined with respect to the benefit formula applicable for the plan year…

A. To the extent it does not affect the tax qualified status of the retirement system, and is permitted by United States Internal Revenue Service Revenue Ruling 81-100, 1981-1 CB 326 (as clarified and modified by Revenue Ruling 2004-67, 2004-2 CB 28, and modified by Revenue Rulin…

A. The Department of Wildlife and Fisheries is authorized to issue a Gulf Seafood Traversing and Offloading permit (“traversing permit”) upon application to its Commercial License Section at the Baton Rouge office. Application for permits must be made in person or as provided by …

A. Each applicant shall have derived more than 50 percent of his earned income from the legal capture and sale of seafood species in at least two of the three years, 1995, 1994, and 1993. B. Proof of such income for at least two of the three years 1995, 1994, and 1993 shall be pr…

A. Definitions Apprentice―a real person who engages in the taking of finfish for a period of two years only with and aboard the vessel of a validly-licensed commercial fisherman who also holds a valid and appropriate permit/license issued by the department and who is engaged in t…

A. Commercial licenses and oyster tags may be purchased using the following forms of payment: 1. cash; 2. money order; 3. cashier’s check; 4. business checks certified by the issuing bank; and 5. credit cards (MasterCard, American Express, or Discover only). B. Payment by credit …

A. This Section allows certain persons to apply and pay for eligible commercial licenses or permits via the internet. B. Application and payment of eligible commercial fishing licenses and permits may be made only in the name of the person who held that same license(s) or permit(…

A. This Chapter is adopted pursuant to R.S. 3:731 et seq., and shall govern the department’s Livestock Brand program. B. For purposes of this Chapter, the following terms shall have the meaning hereafter ascribed to them, unless the context clearly indicates otherwise: Brand—an i…

A. Nothing in R.S. 3:372 et seq. or this Chapter shall require the mandatory branding or marking of livestock. B. However, any brands or marks that are used in the branding or marking of livestock within the state of Louisiana shall be recorded with the department. C. It is a vio…

A. The following types of animals may be branded or marked in accordance with these rules: 1. cattle; 2. horses; and 3. sheep.

A. Brands may be affixed by either hot- or cold-branding into or onto the hide of an animal. B. Brands should be four to six inches in height for cattle and two to four inches in height for horses. C. A design should be simple enough that it can be easily applied to an animal and…

A. Brand applications shall indicate which side of an animal the brand is to be used, either left, right, or both left and right. B. Once recorded, a brand may be applied only to the side(s) of the animal indicated in the recordation records for that brand. C. Once recorded, a br…

A. Brands and marks may be recorded for the lifetime of the brand or mark owner and must meet all criteria for recordation as stated herein. B. Lifetime recordation is valid for the duration of the brand or mark owner‘s life, unless otherwise transferred by the owner during his l…

A. The fee schedule for brand and mark recordation is as follows. 1. The fee for recording a brand or mark shall be $15. 2. The fee for renewal of a brand or mark recordation shall be $10. 3. The fee for transfer of a recorded brand or mark shall be $10. 4. The fee for additional…

A. Prior to applying for recordation of a brand or mark, an applicant shall contact the department to determine if the desired brand or mark is available for recordation. B. Department staff will inspect current department records to determine if the requested brand or mark is av…

A. Upon receipt of a fully completed application form and fee, the department shall review the desired brand or mark to ensure the following: 1. that the brand or mark is compliant with all requirements set forth in law and in this Chapter; 2. that the brand or mark is not alread…

A. Brands or marks may be transferred from the current registered owner(s) to another person by sale, donation, assignment, or other act of transfer of movable property. B. A completed request for transfer shall be submitted to the department and shall include the notarized signa…

A. The following shall constitute misuse of a brand or mark: 1. using brand(s) or mark(s) that are not recorded with the department; 2. using brand(s) or mark(s) that are recorded and registered to another person; 3. intentionally or knowingly using brand(s) or mark(s) on the ani…

A. When there is a reason to believe that a violation of any provision of R.S. 3:731 et seq. or this Chapter has occurred, the department may conduct an investigation to gather information regarding any possible violation.

A. If, after an investigation has been conducted, the department believes that a recorded brand or mark has been misused, or that the provisions of this Chapter or R.S. 3:731 et seq., have been violated, the commission shall conduct an adjudicatory hearing in accordance with the …