Louisiana Administrative Code

A. The committee shall meet in panels comprised of at least three members of the committee, except as otherwise provided in these rules. B. The chairman of the committee shall randomly assign all three-member panels. Each panel shall appoint the chairperson of that three-member p…

A. Minutes. The committee's minutes of public hearings shall include the following information as applicable: 1. name and Department of Corrections (DOC) number of the offender; 2. name of counsel representing the offender (an offender docketed for a public hearing may be represe…

A. The chairman of the committee or his or her designee shall develop a duty calendar and shall designate one committee member as the daily duty officer. 1. The duty officer shall be available and present to act on behalf of the committee concerning both routine office and admini…

A. The full committee shall meet as necessary when called by the chairman of the board. Additional meetings may be called a majority vote of the committee. B. The agenda for business meetings of the committee may include, but shall not be limited to, the following topics: 1. comm…

A. Definitions Victim—a person against whom a crime was committed as listed in R.S. 46:1842. Witness—any person who has testified for the prosecution relative to the case being considered by the board or committee. B. Before a parole panel considers parole release for an inmate w…

A. The chairman shall schedule public hearings. A copy of the schedule shall be available for public inspection at the committee office. B.1. The panel may consider the following actions with the inmate present: a. parole; b. revocation; and c. recommendations for transitional wo…

A.1. A single committee member may act upon the following matters which have been reviewed and recommended by the Division of Probation and Parole: a. activity reports (see §1103); and b. activity reports from other states via the interstate compact agreement; c. consideration to…

A. Unanimous Vote 1. A unanimous vote of those present is required to grant parole. B. Majority Vote 1. A majority vote is required to impose all special conditions of release. 2. A majority vote is required to revoke parole. 3. A majority vote is required to continue or recess a…

A. The intent of the Mentor-Protégé Tax Credit Program Act of 2007 (Act 356 of 2007; R.S. 47:6026 the provisions of which shall hereinafter be referred to as "Act 356") is to facilitate the growth and stability of Louisiana's economy by fostering the overall enhancement and devel…

A. The Mentor/Protégé Program will be open to participation by any business entity, large or small, which meets the criteria for participation as outlined below. 1. Mentor Firms: a. committed and able to provide professional guidance and support to its protégés to facilitate thei…

A. The mentor-protégé agreement is a written agreement between the mentor and protégé, and approved by the Department of Economic Development. B. The mentor/protégé agreement, signed by the respective firms, shall be submitted to the Department of Economic Development for approva…

A. The Secretary of the Department of Economic Development, or his designee, will designate and may change from time to time, one or more persons on his staff to act as the department's project representative or as the "mentor-protégé agreement monitor" for each mentor-protégé ag…

A. The following mentor-protégé tax credit rules shall be applicable to mentors who enter into a mentor-protégé agreement. 1. The mentor may earn and apply for and, if qualified, be granted a refundable credit on any income or corporation franchise tax liability owed to the state…

A. Termination for Cause. The state may terminate the mentor-protégé agreement for cause based upon the failure of the mentor or protégé to comply with the terms and/or conditions of the agreement, provided that the state shall give the mentor or protégé written notice specifying…

A. OPRADA is the designated State Methadone Authority (SMA). Approval to operate by the SMA is required of all methadone maintenance programs in Louisiana. B. SMA requirements include, but are not limited to: 1. State licensure as a substance abuse facility. 2. Evidence of need/c…

A. This Section is adopted in accordance with R.S. 11:152, R.S. 11:152.1, R.S. 11:153, R.S. 29:411, et seq., and the Uniformed Services Employment and Reemployment Rights Act (USERRA, 38 U.S. C. 4301 et seq.). B. Purchase of service credit for military service shall be in accorda…

A. All parties desiring to nominate state owned land and waterbottom acreage or land owned by a state agency for which the State Mineral Board is being requested to issue a mineral lease must be registered with the Office of Mineral Resources on a one-time basis and have received…

A. Bids for state mineral leases shall only be accepted from those parties who are registered prospective leaseholders (having a registration form containing current information regarding the bidder and a current certificate of good standing from the Secretary of State's office i…

A. Any assignment or other transfer of an interest in a state mineral lease must be approved by the State Mineral Board and failure to so obtain approval shall render the assignment or transfer null and void (R.S. 30:128). B. Before any assignment or other transfer of an interest…

A. The general statutory provisions applicable to mineral leases from the state of Louisiana on state owned lands and waterbottoms are located in R.S. 30:121-221. The general, applicable provisions of the Constitution of the State of Louisiana of 1974, as amended, are Article IX,…

A. Mineral Board Policy regarding matters of mineral leasing and transfers of mineral lease interests may be obtained on request by telephoning the Office of Mineral Resources at (225) 342-4606.

A. As used in these regulations, the following terms have the meanings assigned below, unless the context otherwise requires. Applicant―the person seeking approval by the board of a proposed transfer (as described in Act 296 of 1979) of a lease. Board―the State Mineral Board of t…

A. Date of Filing. At least 20 days (Saturdays, Sundays, and holidays excluded) prior to the date on which the transfer is to be effected, or in the case of a transfer by means of purchase of 10 percent or more of equity securities of the lessee, 20 days prior to such purchase, a…

B. Omission of Substantially Identical Documents. In any case where two or more contracts, or other documents required to be filed as exhibits are substantially identical in all material respects except as to the parties thereto, the dates of execution, or other details, the appl…

A. Additional Exhibits. The applicant may file such exhibits as he/she may desire in addition to those required under

A. Formal Requirements for Amendments. One copy of each amendment to an application shall be filed with the secretary, and delivered by hand to the lessee, promptly upon the occurrence of the event necessitating such amendment. B. Withdrawal of Application or Amendment. Any appli…

A. An application filed in compliance with these rules may be accompanied by a request that the secretary transmit a recommended decision on the application to the board without first conducting an investigation or holding a hearing. Any such request shall be signed by or on beha…

A. It is the purpose of these regulations, and in the best interest of the state, to establish a program to provide a mechanism for taking state royalty oil volumes in kind and for the disposition by sales or processing contracts, in a fair and equitable manner, of available supp…

Affiliates—any business concerns affiliated with each other where either directly or indirectly one concern controls or has the power to control the other or a third party controls or has the power to control both. Contract—a contract for the disposition of state royalty oil. Les…

A. Royalty oil available through exercise of the state's right to take in kind shall be disposed of pursuant to policies and procedures approved by the State Mineral Board, which shall be consistent with the intent and purpose of R.S. 30:143 and these regulations. B. Prior to the…

A. For each lease, division order or other legal instrument pursuant to the terms of which the state has a royalty oil interest susceptible of taking in kind, the Office of Mineral Resources shall determine the volumes and prices applicable to such royalty. B. The Office of Miner…

A. To be eligible to purchase or process state royalty crude oil an applicant therefore must be certified by the State Mineral Board as a Louisiana refiner. B. To qualify as a Louisiana refiner, an applicant to purchase or process state royalty crude shall meet all of the followi…

A. A refiner desiring to purchase or process state royalty oil shall file an application with the Office of Mineral Resources with an original and 10 copies containing the following information: 1. the full name and address of the applicant; 2. a detailed statement showing the ap…

A. Royalty crude shall normally be made available to qualified applicants based upon each qualified applicant receiving an equal proportionate share of the total royalty crude oil available. The State Mineral Board may establish policies and procedures for alternate methods of di…

A. The term of any contract entered into by the board with a qualified refiner for the purchase or processing of state royalty crude oil shall have a maximum primary term of no more than three years. Such contract shall be renewable upon timely application of the same conditions,…

A. In any contract, the refiner shall be responsible to arrange with the state's lessee for the delivery and receipt of all royalty oil. B. The point of delivery for royalty oil under any contract shall be the field where produced or a site as near as possible to the point of del…

A. The price to be paid by a refiner pursuant to any contract for the purchase of royalty crude oil shall be the maximum price allowed pursuant to the applicable and controlling federal or state law on the effective date of the contract. In the event that such price controls are …

A. Refiner shall not resell any royalty crude oil without the prior written consent of the mineral board. B. All royalty crude oil sold or processed under any contract, or other crude oil received in lieu of royalty crude oil under an exchange agreement, shall be utilized at refi…

A. The board shall provide for the assessment of a late charge at the rate of 7 percent per annum on any payments received from the refiner after the date such payments are due as otherwise provided in these regulations. B. In any contract for the disposition of royalty crude oil…

A. In any contract the board shall not warrant the crude oil delivered as being merchantable or suitable for refiner's purpose and the board shall not be liable for the quality of the crude oil or the content thereof. The board shall not warrant to refiner that there are availabl…

A. The board may from time to time adopt such additional policies and rules of procedures as are deemed necessary to fully effectuate and administer the regulations set forth herein.

A. Aquaculture activities which may pose a significant public health concern are regulated in this chapter and include, but not limited to: 1. seed production in waters classified as prohibited or unclassified; 2. aquaculture structures that attract birds or mammals; and 3. land …

A. Hatcheries and nurseries rearing larvae and/or seed that are located in: 1. approved or conditionally approved growing areas are exempt from the requirements of this part; or 2. restricted, or conditionally restricted, growing areas would be exempt from the requirements of thi…

A. Seed may come from any growing area, or from any growing area which is not in an approved classification, provided that: 1. the source of the seed is approved by the department; 2. each aquaculture site that cultures seed in waters classified as prohibited or unclassified shal…

A. Operational Plan. Each aquaculture site that the department determines may attract sufficient birds and/or mammals that their waste presents a human health risk shall have a written operational plan. The operational plan shall be approved by the department prior to its impleme…

A. Operational Plan. Each land-based aquaculture facility shall have a written operational plan. The facility must obtain approval from the department prior to its implementation and shall include: 1. a description of the design and activities of the aquaculture facility; 2. the …

A. This rule is enacted pursuant to the Louisiana Savings Bank Act of 1990. Except as the commissioner may otherwise determine, the provisions of this rule shall exclusively govern the reorganization of Louisiana state-chartered mutual savings banks into mutual holding companies …