Louisiana Administrative Code

A. The court should require the completion of a sentencing guidelines report in each felony case. (The report is intended to provide the court with the seriousness level of the current offense, a computation of the offender's criminal history index, and the designated sentence ra…

A. Pursuant to Act 545 of the 2022 regular session of the Louisiana Legislature, the Department of Health establishes the following exclusive list of anomalies, diseases, disorders, and other conditions that shall deem an unborn child “medically futile” for purposes of R.S. Title…

A. A commanding officer of the organized militia may impose non-judicial punishment for minor offenses upon military personnel of his command under the provisions of LCMJ Article 15. He should distinguish non-judicial punishment from non-punitive disciplinary measures, such as re…

A. General. Before taking action under LCMJ Article 15, the commanding officer must satisfy himself that: 1. based on a swiftly conducted, fair, and impartial preliminary factual investigation, the alleged misconduct actually was committed by the accused Servicemember (see Chapte…

A. The Adjutant General reserves disposition authority over all officer and senior noncommissioned officer in the grade of E7 and above offenses. Unit commanders will forward all offenses of officer and senior noncommissioned officer offenses through the DRU commanders to The Adj…

A. General. Non-judicial punishment may be imposed by any commanding officer, provided that a superior commander has not restricted or withheld his authority to impose punishment on certain categories of military personnel or offenses (e.g. officers, senior NCO's, drug offenses, …

A. General. Commanders are responsible for good order and discipline in their commands. Generally, discipline can be maintained through effective leadership including, when necessary, administrative corrective measures. Non-judicial punishment is ordinarily appropriate when admin…

A. LCMJ Article 15(B) proscribes the maximum authorized punishments a commander may impose under his non-judicial punishment authority. Figure 4-1 contains a chart outlining permissible Article 15 maximum punishments and the commanders authorized to impose such within the LANG. N…

A. Combinations of Punishments. With the following exception, punishment authorized under Article 15 may be combined. No two or more of the punishments of arrest in quarters, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for ea…

A. The first steps in an Article 15 proceeding are the commander's oral and written notification to the servicemember. The elements of this step are stated on the DA Form 2627, Record of Proceedings under Article 15, UCMJ. Located at Appendix C is a "Suggested Guide for Conduct o…

A. Except in the case of a member attached to or embarked in a vessel, no non-judicial punishment under the provisions of LCMJ Article 15 may be imposed upon any member of the Louisiana National Guard if the member has, before the imposition of such punishment, demanded trial by …

A. If the member waives court-martial and neither submits matters in his own behalf nor demands a hearing, the commander may immediately impose punishment if convinced that a violation has been committed by the member.

A. If the servicemember waives both court-martial and an Article 15 hearing but submits matters orally or in writing in defense, extenuation, or mitigation, the commander must consider these matters before deciding whether to impose non-judicial punishment. If the matters persuad…

A. General. If the servicemember waives court-martial but demands an Article 15 hearing, the commander must arrange for and conduct the hearing before deciding whether to impose non-judicial punishment. The commander himself must conduct the hearing except in rare circumstances w…

A. General. Unless the servicemember demands trial by court-martial within the decision period, the imposing commander may proceed with the hearing. Located at Appendix A of this Regulation is a "Suggested Guide for Conduct of Non-judicial Punishment Proceedings." The major funct…

A. General. Non-judicial punishment may be based on the record of a court of inquiry or other investigative body, in which proceeding the member was accorded the rights of a party. No additional proceeding in the nature of a hearing is required. B. Procedure. The servicemember sh…

A. General. Whether to impose punishment and the nature of the punishment are the sole decisions of the imposing commander. However, commanders are encouraged to consult with their NCO's on the appropriate type, duration, and limits of punishment to be imposed. Additionally, as N…

A. Timeliness. Only one appeal is permissible under Article 15 proceedings. An appeal not made within a reasonable time may be rejected as untimely by the superior authority. A reasonable time will vary according to the situation; however, an appeal (including all documentary mat…

A. General. The authority next superior to the commander will act on an appeal if the servicemember punished is still of the command of that officer at the time of appeal. B. Next Superior Rule. If the commander has acted under a delegation of authority, the appeal will be acted …

A. All appeals will be made on DA Form 2627 or DA Form 2627-1 and forwarded through the imposing commander (or successor in command, when applicable) to the superior authority. The superior authority will act on the appeal unless otherwise so directed by competent authority. The …

A. General. The superior authority to which the appeal is made shall refer every such appeal to the Judge Advocate Office of his assigned or detailed Special Courts-Martial Convening Authority for review and comment as to legal sufficiency prior to action. He may conduct an indep…

A. General. The Judge Advocate review on Article 15 appeals may be either oral or written. If given orally, that fact and the name of the Judge Advocate who rendered the advice will be recorded on the DA Form 2627, item 8. The Judge Advocate is not limited to an examination of wr…

A. Usefulness. The full effectiveness of non-judicial punishment cannot be realized unless the commander is aware of his powers of "clemency," including the authority to suspend, remit, or set aside punishment if warranted by the circumstances of the case. These powers give the c…

A. General. Ordinarily, punishment is suspended to grant a probational period during which a servicemember may show that he deserves a remission of the remaining suspended punishment. An executed punishment of reduction or forfeiture may be suspended only within a period of six m…

A. General. A commander may vacate any suspended punishment provided the punishment is of the type and amount the commander could impose and where the commander has determined that the servicemember has committed misconduct (amounting to an offense under the LCMJ) during the susp…

A. General. Mitigation is a reduction in either the quantity or quality of a punishment. For example, a punishment of $50.00 forfeiture may be reduced to $25.00. The general nature of the punishment remains the same. Mitigation is appropriate when: 1. the recipient has, by the re…

A. This is an action whereby any portion of the unexecuted punishment is canceled. Remission is appropriate under the same circumstances as mitigation. An unsuspended reduction is executed on imposition and thus cannot be remitted, but may be mitigated or set aside. The death, di…

A. Generally. This is an action whereby the punishment or any part or amount, whether executed or unexecuted, is set aside and any rights, privileges, or property affected by the portion of the punishment set aside are restored. Non-judicial punishment is "wholly set aside" when …

A. General. A summarized Article 15 may be imposed by any commander who may impose a formal Article 15. It should be used for only very minor offenses, and where the preliminary inquiry convinces the commander that any punishment that might be imposed should not exceed the follow…

A. General. DA Form 2627 will be prepared in an original and five copies. All written statements and other documentary evidence considered by the imposing commander or the next superior authority acting on an appeal will be transmitted with the original. Copies of DA Form 2627 wi…

A. Supplementary Action. Any action taken by an appropriate authority to suspend, vacate, mitigate, remit, or set aside a punishment (except punishment imposed under summarized proceedings, (para 4-28) after action has been taken on an appeal or DA Form 2627 has been distributed …

A. Imposing commanders will ensure that punishments imposed under the provisions of Article 15 are executed. Punishments of reduction and forfeiture of pay may be monitored by the mandatory use of the Reconciliation Log, DA Form 5110-R (Article 15 Reconciliation Log), showing the…

A. Distribution will be made IAW paragraph 4-27 after the punished servicemember indicates in item 7 that there will not be an appeal. If the servicemember appeals, the DA Form 2627, minus copy four (if it has been forwarded as an "APPEAL PENDING" copy), will be forwarded to the …

A. Except as specifically addressed herein, applicable provisions of active component publications shall govern the transfer or removal of records of non-judicial punishment. [See also, AR 27-10, Chapter 3.]

A. General. Records of proceedings and supplementary action under Article 15 recorded on DA Forms 2627 and 2627-2, previously or hereafter administered, may be used as directed by competent authority. Allied documentation transmitted with the original or copies of DA Forms 2627 a…

A. Failure to comply with any of the procedural provisions relative to non-judicial punishment shall not invalidate a punishment imposed unless the error materially prejudiced a substantial right of the punished servicemember.

A. General. In order to be effective, the military justice system must not only function properly, but it must also appear to function properly. For this reason, the commander will announce the disposition of all cases involving non-judicial punishment of personnel in grade of E-…

Deductible Amount Per Benefit Period: Network Non-Network Individual: $2,000 $4,000 Family: $4,000 $8,000 Coinsurance: Plan Plan Participant Network Providers 80% 20% Non-Network Providers 60% 40%

A. Out-of-Pocket Maximum Per Benefit Period Includes All Eligible Deductibles Coinsurance Amounts and Prescription Drug Copayments: Network Non-Network Individual: $5,000 $10,000 Family: $10,000 $20,000

A. Benefits and Coinsurance Coinsurance Network Providers Non-Network Providers Physician’s Office Visits including surgery performed in an office setting: General Practice Family Practice Internal Medicine OB/GYN Pediatrics 80% - 20%1 60% - 40%1 Allied Health/Other Office Visits…

A. Prescription Drug Benefits Network Pharmacy Member pays Generic $10 co-pay Preferred $25 co-pay Non-preferred $50 co-pay Specialty $50 co-pay Prescription drug benefits-31 day refill Maintenance drugs: not subject to deductible; subject to applicate co-payments above. Plan pay…

A. Purpose 1. The purpose of this Chapter is to provide a mechanism for the department to ensure that the costs of remedial actions are borne by the potentially responsible parties for each site where hazardous substances are present, while at the same time reserving for the depa…

A. The Office of Environmental Assessment shall send a written notification to provide information to all PRPs identified during its preliminary PRP investigation. The administrative authority may, at its discretion, send supplemental or additional notifications to any PRP identi…

A. Upon its determination that a discharge or disposal of a hazardous substance has occurred, or is about to occur, that could present an imminent and substantial endangerment to human health or the environment, the administrative authority shall issue a written demand for remedi…

A. The Office of Community Services and its subrecipients involved in adoption or foster care placements may not: 1. deny to any person the opportunity to become an adoptive or a foster parent on the basis of the race, color, or national origin of the adoptive or foster parent, o…

Eligible Urban Highway―an interstate highway. Gross Building Area―square footage of usable area within a building, or series of buildings under one roof, that is considered usable by the retail businesses and the public; if a building is multi-level, this includes the square foot…

A. A major shopping area sign shall: 1. have a green background with a white retroreflective legend and border; 2. meet the applicable provisions of the Engineering Directives and Standards Memorandum for Interstate Supplemental Guide Signs and the Manual on Uniform Traffic Contr…