Louisiana Administrative Code

A. Depositors of Involved Savings Banks. The articles of incorporation or bylaws of a mutual holding company must: 1. confer upon existing and future depositors of the resulting savings bank the same membership rights in the mutual holding company as were conferred upon depositor…

A. Each reorganization plan shall contain a complete description of all significant terms of the proposed reorganization, and shall include or provide all of the following: 1. any stock issuance plan proposed in connection with the reorganization plan; 2. an opinion of counsel or…

A. Approval Required 1. No savings bank subsidiary of a mutual holding company, including a resulting or acquires savings bank, may issue stock to persons other than its mutual holding company parent without the prior written approval of the commissioner. 2. The commissioner may …

A. The stock issuance plan, proxy and/or offering materials must contain thorough disclosures of all material facts, and particularly as to all benefits which may be obtained by any person in the transaction at issue. Benefits to officers, directors, their associates, employees a…

A. Permitted Activities. A mutual holding company may, with the approval of its board of directors and/or members or shareholders as required by its articles and bylaws, and by state law: 1. invest in or acquire control of a stock savings bank, a savings association or their hold…

A. Reports of Mutual Holding Companies. Each mutual holding company shall furnish, in the manner and form prescribed by the commissioner, an annual report of its operations for the fiscal year in which it becomes a mutual holding company, and for each fiscal year during which it …

A. Conversion. A mutual holding company may convert from mutual to stock form in accordance with a plan of conversion approved by the commissioner pursuant to the procedures for conversion of a mutual savings bank under the conversion rule. B. Voluntary Liquidation. The provision…

A. The commissioner may adopt internal policies relative to the procedural requirements for filing an application for reorganization pursuant to this rule.

A. These rules govern the conversion of state-chartered savings and loan associations from mutual to stock form under the provisions of Sections 950 and 950.1 of Chapter 9 of Title 6 of the Louisiana Revised Statutes of 1950.

A. As used in these rules: Applicant―a mutual savings and loan association incorporated under the laws of the state of Louisiana which is applying to the Louisiana Commissioner of Financial Institutions, in his capacity as supervisor of Louisiana-chartered savings and loan associ…

A. An applicant shall file with the commissioner five copies of an application for Approval of Conversion, with supporting exhibits, in the form required by the FSLIC, including Forms AC, PS and OC. The applicant shall also furnish to the commissioner such additional information …

A. Articles of Incorporation. As part of the application, the applicant shall submit to the commissioner proposed amended articles of incorporation as a capital stock savings and loan association which shall comply with the requirements of R.S. 6:942 with regard to de novo stock …

A. The applicant's plan of conversion shall comply with the requirements of the FSLIC, including the determination of the eligibility record date and supplemental record date (if applicable) with respect to subscription rights to purchase the applicant's conversion stock, and pro…

A. The commissioner will not approve a plan of conversion unless he finds that the plan is fair and equitable to the members of the applicant, that the interests of the applicant's savings account holders and the public are adequately protected, and that the plan conforms to regu…

A. No plan of conversion shall be implemented unless it is approved at a meeting of the voting members of an applicant called to consider such action by a majority vote of the total number of votes eligible to be cast, in person or by proxy. Notice of the meeting, giving the time…

A. The offering circulars for the applicant's subscription offering and any additional offering to the general public shall be prepared in compliance with regulation of the FSLIC and any additional requirements imposed by the commissioner. Five copies of each such offering circul…

A. Prior to the execution of orders for the applicant's conversion stock, the applicant shall obtain from the commissioner his approval affixed to the applicant's amended articles of incorporation. An authenticated copy of the amended Articles of Incorporation shall be filed with…

A. Schedule II narcotic analgesic prescriptions covered under the Louisiana Medicaid Program shall be filled within 90 days of the date prescribed by a physician or other prescribing practitioner. Also, in accordance with guidance from the drug enforcement agency, the prescriber …

A. Non-emergency medical transportation (NEMT) is provided to Medicaid beneficiaries to and/or from a Medicaid covered service or value-added benefit (VAB) when no other means of transportation is available. 1. Traditional Providers—non-profit and for-profit providers who are not…

A. The department or its designee will review and approve or deny the transportation requests, prior to scheduling, for beneficiary eligibility and verification of the following: 1. that the originating or destination address belongs to a healthcare provider or facility; or 2. th…

A. Payment shall only be authorized for the least costly means of transportation available. The least costly means of transportation shall be determined by the department or its designee and considered the beneficiary’s choice of transportation, the level of service required to s…

A. Beneficiaries shall participate in securing transportation at a low cost and shall agree to use public transportation or solicit transportation from family and friends as an alternative to costlier means of transport.

A. All traditional providers must comply with all applicable federal, state, and local laws and regulations, including, but not limited to, those pertaining to enrollment and participation in the Medicaid Program. B. NEMT traditional providers shall have a minimum automobile spli…

A. All TNCs must comply with applicable federal requirements. B. No driver shall provide NEMT services to a beneficiary through a TNC prior to the completion of a criminal background check that comports with the requirement for such background checks provided R.S.40:1203.1 et seq…

A. Reimbursement for NEMT services shall be based upon the current fee schedule. B. Reimbursement will not be made for any additional person(s) who must accompany the beneficiary to the medical provider. C. Reimbursement for NEMT elevated level of care claims shall be allowed onl…

A. General Provisions 1. Non-emergency medical transportation (NEMT) providers that are fully credentialed in the Medicaid Program may be eligible to receive a bonus payment under the Department of Health’s (LDH) American Rescue Plan Act (ARPA) NEMT Program until the program’s fe…

A. The Department of State has developed and now offers a secure business filings (SBF) service designed to discourage fraudulent business filings in Louisiana. The service will notify a corporation via email whenever amendments are submitted on the corporation through geauxBIZ. …

A. The Department of State has developed and now offers an optional paid Commercial API Subscription service which will allow customers, such as banks, service companies and agencies doing enforcement activities, to search for business entity filings using their back-end systems.…

EDITOR'S NOTE: Chapter 5 was amended in November 2001. A chart showing the restructuring of Chapter 5 is found on page 1898 of the Louisiana Register, November 2001.

Inactive Cell―a land treatment cell which is not used for E and P Waste receipts or has been taken out of service by a land treatment facility. Such cell may be considered inactive only if it is a new cell which has not yet received E and P Waste or an existing cell which is in c…

Application Phase―an identifiable period of time during which E and P Waste receipts are applied to a land treatment cell. Cell―an earthen area constructed with an underdrain system within a land treatment facility used for the placement, land treatment and degradation of E and P…

A. E and P Waste Characterization 1. Generators of E and P Waste must be familiar with the components of the E and P Waste they generate. 2. If not previously characterized, E and P Waste characterization procedures should be undertaken to determine the constituents of E and P Wa…

A. The offsite storage, treatment, and/or disposal of E and P Waste by a commercial facility or transfer station must be approved by the commissioner as provided in this Chapter. B. Commercial land treatment facilities may not receive, store, treat or dispose of natural gas plant…

A. Commercial facilities and transfer stations may not be located in any area: 1. within 1/4 mile of a public water supply water well or within 1,000 feet of a private water supply well for facilities permitted after January 1, 2002; 2. where type A and B facilities and transfer …

A. Commercial facilities, transfer stations and commercial Class II saltwater disposal wells shall be designed and constructed in such a manner as to prevent the movement of E and P Waste into soil, groundwater aquifers or underground sources of drinking water (USDWs) and to prev…

14. documentation that a bond or irrevocable letter of credit will be provided for adequate closure of the facility, in compliance with the requirements of

a. a detailed cost estimate for adequate closure of the proposed facility. The cost estimate must include a detailed description of proposed future closure procedures including, but not limited to plugging and abandonment of the disposal well(s) (if applicable), plugging of any m…

A. All existing commercial facilities and transfer stations must maintain an E and P Waste management and operations plan (WMOP, Plan) on file with the Office of Conservation. B. The plan must be updated as necessary or at the request of the commissioner to take into consideratio…

A. Commercial facility and transfer station permits shall be reviewed at least once every five years to determine compliance with applicable permit requirements and conditions. Commencement of the permit review process for each commercial facility and transfer station shall proce…

A. Application and Permit Required 1. Every person who intends to construct and operate a new offsite commercial facility or transfer station, or make a major modification to an existing commercial facility or transfer station, shall file a permit application with the Office of C…

A. The application for construction and operation of a transfer station by an existing Louisiana commercial facility permitted by the Office of Conservation shall include, but may not be limited to, the information required in §519.C. B. The application for construction and opera…

A. In addition to the information requested in §519.C above, the information required in this Section must be provided in duplicate in each application for approval of a commercial facility incorporating the use of land treatment cells. B. A detailed description of the site consi…

A. In addition to the information requested in §519.C, the following information required in this Section must be provided in duplicate in each application for approval of a commercial facility incorporating the use of treatment and/or disposal options other than land treatment a…

A. The Office of Conservation will review a new commercial facility or transfer station application within 90 days of receipt and inform the applicant of its completeness. B. If the application is not complete, the applicant shall be advised of additional information to be submit…

A. Permit Application Public Hearing Notice 1. Upon acceptance of the application as complete, the Office of Conservation shall publish in the next available issue of the Louisiana Register, a notice of the filing and the location, date and time of the public hearing to be held i…

C. General Requirements 1. The soil shall contain a slowly permeable horizon no less than 12 inches thick containing enough fine grained material within 3 feet of the surface to classify it as CL, OL, MH, CH, or OH under the Unified Soil Classification System. 2. The seasonal hig…

A. Commercial facilities and transfer stations shall be operated in compliance with, but not limited to, the following. 1. The area within the confines of tank retaining walls (levees) shall be kept free of debris, trash, and accumulations of oil or other materials which may cons…