Louisiana Administrative Code

A. A state bank may participate in total eligible bankers' acceptances to any one bank in an amount not to exceed 200 per centum of the paid-up and unimpaired capital stock and surplus of the purchasing bank. Eligible acceptances shall be those defined in Title 12 of the United S…

A. Definitions Bank―Louisiana state-chartered banks and state-chartered savings banks. Commissioner―the Commissioner of Financial Institutions. Executive Officer―an employee who participates or has authority to participate in major policy-making functions of the bank but does not…

A. Activities engaged in by a corporation ("agreement corporation") (under an agreement with the Board of Governors of the Federal Reserve System (the "Federal Reserve"), including an agreement under Section 25 of the Federal Reserve Act (12 U.S.C. §§601-604(a)), pursuant to whic…

A. This regulation is issued pursuant to the authority provided by §415(7) of Title 6 of the Louisiana Revised Statutes (R.S.). B. It is the purpose of this regulation to provide a method by which a state bank may exceed lending limit restrictions, imposed by R.S. 6:415(A), when …

A. For purposes of these regulations, the following terms shall have these meanings. Commissioner―the Commissioner of Financial Institutions. Directors, Executive Officers, and Principal Shareholders of the Originating Bank―persons so defined under the Federal Reserve Board's Reg…

A. Any state bank may provide financing to facilitate the sale of other real estate, in excess of lending limits as established in R.S. 6:415(A), provided prior written approval of the commissioner has been obtained and, subject to compliance with provisions of this regulation, t…

A. This regulation is issued pursuant to the authority provided by R.S. 6:243(B)(5). B. It is the purpose of this regulation to provide for those exceptions where a bank may exchange any property, lawfully acquired as provided by R.S. 6:243 A.

A. For purposes of these regulations, the following terms shall have these meanings. Commissioner―the Commissioner of Financial Institutions. Current Appraisal―an appraisal which has been obtained within 12 months prior to the exchange, provided there has been no significant chan…

A. A bank, solely for the purpose of minimizing potential loss, may exchange property which is complex (including an undivided interest), difficult and/or uneconomical to maintain for property which is less complex, less difficult and/or more economical to maintain. This would in…

A. This rule provides an exception to a state bank's legal lending limit based on the treatment of a loan pool acquisition under R.S. 6:415(A)(6).

Creditworthy―meeting established standards which are positive assessments of a borrower's ability to repay debt. Executive Officer―an officer of the bank selected by the board of directors at the level of vice president or above possessing sufficient technical knowledge of and ex…

A. Designation of Person. The board of directors shall adopt a resolution in writing designating an executive officer of the bank or qualified third party to conduct a review of a representative portion of the pool of loans to determine that the individual borrowers appear credit…

A.1. For treatment of the pool as individual loans for legal lending limit calculations, the bank must maintain an affidavit signed by the person or persons conducting the review and countersigned by the board of directors stating that: a. a representative portion of the individu…

A. Although the pool may be considered as individual loans for legal lending limit purposes, the bank shall also review the financial condition of the seller on a regular basis, including condition at purchase date, on those agreements where full or partial recourse exists. B. Th…

A. The commissioner has determined that the following terms are not defined under the Louisiana Banking Code, R.S. 6:1 et seq., and adopts the following definitions for all purposes set forth therein. Fixed Annuity―a form of financial investment instrument whose primary function …

A. Upon approval of the Commissioner of Financial Institutions, a state-chartered bank and/or its subsidiary and employees may engage in the sale of fixed or variable annuities and earn commissions thereon. B. A state-chartered bank and/or its subsidiary and employees shall obtai…

A. As used in this regulation: Affiliate―a corporation which owns or controls a bank, and any other corporation which is owned or controlled by the corporation which owns or controls the bank, including but not limited to entities defined as affiliates under the provisions of 12 …

A. The Louisiana Administrative Code shall contain all effective rules adopted by each agency subject to the Louisiana Administrative Procedure Act and all boards, commissions, agencies, and departments of the executive branch. The Louisiana Administrative Code will also contain …

A. At least once each year all rules and Executive Orders required to be codified in the Louisiana Administrative Code by §301 of this Title which have been filed with the Office of the State Register will be published and distributed as an integral part of this Code, or the affe…

A. Without prejudice to any other mode of citation, the Louisiana Register may be cited by volume and page number. The approved short form of citation to the Louisiana Register is "LR." Thus, "LR 3:801" refers to material beginning on page 801 of Volume 3 of the Louisiana Registe…

A. Each issue of the Louisiana Register will contain a table of contents arranged alphabetically by agency within the following categories: Committee Reports, Emergency Rules, Executive Orders, Notices of Intent, Potpourri, and Rules.

A. If an agency proposes or adopts federal rules or portions thereof, the requirement that the full text thereof be filed with the Office of the State Register and published in the Louisiana Register shall be satisfied by including in the text of the proposed or adopted rules a s…

A. The Louisiana Register shall be published at least once a month and shall contain all previously unpublished items required to be published and which are duly filed by the department prior to the closing date of each issue.

A. Each issue of the Louisiana Register will contain a numerical list of the Sections of the Louisiana Administrative Code expressly affected by the documents published in the issue. Beginning with the second issue of each quarter, each issue will also carry a cumulative list of …

A. All information published in the Louisiana Administrative Code or the Louisiana Register which includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indices, source notes, authority notes, numerical lists, and codification …

A. The Office of the State Register or an agency shall provide a copy of any rule to the public upon request in writing or in person. The public will be charged statutory or other reasonable fees for photocopies of rules.

A. The administrative hearings clerk is the custodian of records for DAL. The files maintained by the administrative hearings clerk are the official record of adjudications.

A. Except as otherwise provided by law, all adjudicatory records are public records. B. Any portion of the adjudicatory record deemed by statute or regulation to be confidential should be brought to the attention of the administrative law judge, by the party who submitted the doc…

A. All decisions, orders, and notices issued by the administrative law judge; all pleadings, audio recordings or transcripts (if available) of hearings; or documentation, information, or other materials of any kind submitted in a matter shall be public record and shall be availab…

A. In all instances where responsibility for fiscal review of proposed disbursements has been assigned to an employee subordinate to the agency administrator, and where such employee in practice must act to approve or disapprove proposed disbursements, that employee will be held …

A. Unless otherwise defined in this Chapter, the definitions for key terms in this Chapter are provided in R.S. 44:402. Approved Retention Schedule―a retention schedule which has been approved by the state archivist or his designee. Records Series―a group of related or similar re…

A. To facilitate the development of agency retention schedules in compliance with R.S. 44:411, each agency shall: 1. review the functions and activities of the agency; 2. develop a list of records produced, received, and maintained by the agency; 3. identify the inclusive dates, …

A. Each agency shall submit a draft retention schedule to the state archivist for review and approval. 1. The agency will conduct adequate research to determine the length of time each record series needs to be maintained based on its administrative, legal, fiscal, operational, e…

A. Each agency shall review its retention schedule annually to identify any record series requiring an addition, amendment, or deletion to the agency's approved schedule. Events that may require amendments to the schedule include but are not limited to new legislation that change…

A. An agency schedule, once approved by the Louisiana State Archives, will be valid for five years from the date of approval. Ninety days prior to the five year anniversary of a schedule's approval, each agency shall submit the schedule for renewal.

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. All agencies under the authority of Act 712 must comply with the policies and guidelines promulgated by the Office of Technology Services.

A. All agencies must comply with the requirements and standards stated in these rules and regulations.

A. All agencies shall appoint one or more representatives to be designated as the agency Telecommunications Coordinator(s). The Telecommunications Coordinator shall be recognized by the Office of Telecommunications Management as the agency's authorized representative for approvin…

A. It is the agency's responsibility to report all repair problems to the Office of Telecommunications Management.

A. When not in conflict with existing provisions of R.S. 3:4201 et seq. or this Chapter, the provisions of Code of Federal Regulations, Title 9, Part 416.1-5 are incorporated by reference. B. The following words and terms, when used in this Chapter, shall have the following meani…

A. The department may provide, upon application and approval, voluntary inspection services to facilities who process exotic animals, exotic animal carcasses, or exotic meat food products as provided for in this Chapter. B. An establishment may obtain voluntary inspection service…

A. Any person or business desiring to process an exotic animal, exotic animal carcass, exotic animal meat, or meat food product in an establishment under voluntary inspection service must complete an application and receive approval of such establishment and facilities as an offi…

A. Voluntary inspection services for exotic animal processing is fee-based and shall be made available only to establishments in good standing and not delinquent on payment of fees. The purchase of an annual license is not required. B. The hourly fee for voluntary inspection serv…

A. All approved establishments shall be operated and maintained in a manner sufficient to prevent the creation of unsanitary conditions and to ensure that products are not adulterated. B. All approved establishments must comply with the sanitation standards set forth in 9 CFR 416…

A. Voluntary inspection services may be made available on non-holiday weekdays, at a minimum of two hours and no more than eight total hours in a given day to be approved in advance by the district supervisor.

A. An ante-mortem inspection of an exotic animal shall, where and to the extent considered necessary by the department and under such instructions as it may issue from time to time, be made on the day of slaughter of an exotic animal, as determined by the department. B. Humane ha…

A. All products receiving voluntary exotic inspection services must be wholesome and free of adulteration, as defined in R.S. 3:4201, during processing and storage. B. All products receiving voluntary exotic inspection services must be accurately marked or labeled, as required by…

A. A mark indicating voluntary exotic inspection may be applied only to animal carcasses, parts, and packaging thereof that have been inspected and passed in accordance with the standards set forth in this Chapter. B. Except as otherwise authorized by the department, the official…

A. The department may recommend a recall or issue a public health notice on products in commerce that are voluntarily inspected in accordance with this Chapter and that the department identifies as adulterated or misbranded as defined in R.S. §3:4201.