Louisiana Administrative Code

A. It is the intent of the Office of Technology Services to develop formal IT policies, standards and guidelines relative to information technology activities including but not limited to the following: 1. implementing IT standards for hardware, software, and consolidation of ser…

A. The official method of publishing/distributing OTS policies, standards and guidelines will be via the OTS website at: http://doa.louisiana.gov. B. Other electronic delivery systems will be utilized as appropriate to notify agencies of adopted policies and guidelines.

A. The purpose of the program is to provide financial assistance to public port authorities for capital projects which improve or maintain waterborne commerce and intermodal port infrastructure. Under this program, the Department of Economic Development (DED) is authorized to acc…

Applicant―the sponsoring Louisiana port authority requesting financial assistance from DED under this program. Award―funding approved under this program for eligible applicants. Awardee―an applicant receiving an award under this program. Capital Projects―include any port infrastr…

A. The objectives of this program are to develop and sustain the Louisiana ports and the navigable waterways system, particularly those infrastructures that improve efficiency of the system and contribute to the location of new industry, or expansion and retention of existing ind…

A. All Louisiana public port authorities are eligible to participate in the program. However, port projects that are eligible for funding under the Port Construction and Development Priority Fund administered by the Department of Transportation and Development will not be eligibl…

A. The types of projects funded under the program will include any type of port capital development projects, rehabilitation and maintenance, intermodal projects, land acquisition, site prep work and project feasibility studies that promote water transport and waterfront developm…

A. Each port authority will provide a match equal to at least 50 percent of the total cost of the project. The match may be furnished in cash or in-kind. No state funds can be used as matching funds.

A. Port authorities sponsoring projects are expected to provide complete and verifiable information on the proposed projects. The project information supplied should be accurate and documented in order for the department to adequately assess the merits of the project and prepare …

A. Applications must be submitted to the DED by March 1 to be considered for funding for the following fiscal year. Two copies of the application with all attachments should be submitted to the Secretary of DED.

A. Consideration will be given to projects which have completed preliminary planning work and ensure that the project is initiated within the funding year in which the project is approved. B. Consideration will be given to the project's contribution to regional economic developme…

A. Submitted applications will be reviewed and evaluated by a DED review committee. The committee will prepare a list of projects for funding and, if necessary, input may be required from the applicant, other divisions of the Department of Economic Development, and other state ag…

A. A port shall not be allocated in excess of 50 percent of the total appropriation as long as the appropriation does not exceed $5,000,000. In the event the appropriation for the Port Development Program exceeds $5,000,000, an individual award shall not exceed $1,000,000 each.

A. Grant award funds will be available to each port on a reimbursement basis following submission of required documentation to DED. Only funds spent on the project after the cooperative endeavor agreement (contract) has been agreed upon, signed and executed will be considered eli…

A. All monitoring will be done by DED. A portion of the fiscal years' appropriation, up to 5 percent, not to exceed $50,000, may be used by the DED to fund monitoring costs.

A. There are a number of ways a commander can become aware of a criminal act committed by a servicemember, including personal observation, receipt of a report or complaint from an individual within or without the command, or receipt of a formal report from a law enforcement agenc…

A. General. Upon receiving a DD Form 458, Charge Sheet with its allied papers, a commander with authority to convene courts-martial must examine the file and decide which of the options available he will exercise. If he should decide to refer the case to trial, he incurs certain …

A. Evaluation of the Offense. Upon receipt of information that a servicemember of the command is suspected of committing an offense, the immediate Commander must make or cause to be made a preliminary inquiry into the suspected offense(s). [R.C.M. 303.] Upon determining that an o…

A. Definitions Apprehension—the taking of a person into custody. [LCMJ Article 7(A)] Detention—the imposition of custody by competent authority, pending disposition of offenses for a period of longer than 8 hours. For purposes of this Regulation, the term “detention” shall be syn…

A. Authority to Apprehend. Any peace officer having authority to apprehend offenders under the laws of the state may apprehend and detain an offender under the LCMJ. B. Apprehension Procedures. A peace officer may apprehend and detain a person subject to the LCMJ: 1. for any cour…

A. General. Pretrial restraint is moral or physical restraint on a Servicemember's liberty which may be imposed before and during disposition of offenses. Pretrial restraint may consist of conditions on liberty, restriction in lieu of arrest, arrest, or confinement. B. Conditions…

A. Pre-trial confinement is not authorized. In the case of arrest pursuant to a warrant approved by the Adjutant General, the arresting authority will release the accused to the unit as expeditiously as possible. Overnight pre-trial confinement pursuant to the execution of Nation…

A. General. Any person in confinement charged with or convicted of an offense under the LCMJ is entitled to bail pending finality of the sentence. The order fixing the amount of bail shall be in writing, specify the amount of the bail, and designate the officer(s) authorized to a…

A. General. In preparing charges for trial by courts-martial, the unit commander will use the current DD Form 458, Charge Sheet. Detailed instructions for completing the Charge Sheet may be found at R.C.M. 307 and at Figure 5-8 of this Regulation. An example of a completed Charge…

A. Preferral. Section III of the Charge Sheet is the preferral of charges. The person who believes that the specifications are true signs in block 11d as the accuser. The reference in the affidavit to the "Uniform Code of Military Justice" should be changed to read "Louisiana Cod…

A. General. In addition to the Charge Sheet, often other documents must be prepared and forwarded by the accused's commander. [See Figures 5-1 and 6-1.] A copy of each such record should be retained by the unit for its files. B. Minor Offenses. When charges are submitted with a v…

A. General. The prompt disposition of charges is essential to our system of military justice. An unexplained delay in the processing of charges at any stage may result in dismissal of the charges. When a decision concerning a delay is brought up at trial, the burden is on the gov…

A. In accordance with Article 26 of the LCMJ the authority convening the General or Special Court Martial shall detail a Military Judge thereto. A Military Judge will be made available to the convening authority by the State Judge Advocate. The written documentation detailing the…

A. Trial Counsel will be made available to the convening authority by the State Judge Advocate or the DRU SJA. The order detailing trial counsel will be in writing, and will be announced orally on the record during the court-martial, and will indicate by whom the trial counsel wa…

A. Chief, LANG TDS will make available to GCMCA’s and SPCMCA’s military trial defense counsel for detail to all Special and General Courts Martial. The name of the military trial defense counsel will appear on the convening order and announced orally at the court martial.

A. The convening authority shall detail qualified persons as members for courts-martial. He may detail as members of general and special courts-martial persons under his command or others made available by another commander even if those persons are members of an armed force diff…

A. Convening Authority's Responsibility. The Convening Authority is responsible for assuring that witnesses sought by both government and defense are timely subpoenaed. Requests for subpoenas shall be made at the earliest practicable time to allow ample time for service. Unless o…

A. General. The expenses of a court-martial other than pay and allowances of members and counsel detailed to the court will generally be paid with State funds. B. Expenses of Witnesses. Subpoenas or other process issued to witnesses will be served as provided by LCMJ Article 46. …

A. The Convening Authority's SJA shall review all requests for SPCM or GCM and, if approved by the Convening Authority, the SJA shall contact the Military Judge to arrange for arraignment and trial. te (SJA) by the quickest means available to announce this decision. The LANG TDS …

A. Requests for the continuance of regularly scheduled courts-martial are matters within the discretion of the assigned military judge. Requests based on failure to timely take appropriate action (e.g. witness subpoena requests) shall be looked on with disfavor, and shall be gran…

A. The Convening Authority's SJA shall be responsible for conduct of the entire case, including summoning of all witnesses and production of documentary evidence, arranging for a courtroom facility, coordinating requests for court reporters with Office of State Judge Advocate, an…

A. The conduct of an LCMJ Article 32 Investigation shall be considered the principal or primary duty of the Investigating Officer (IO) until completed. The officer directing the investigation shall provide adequate clerical and staff assistance to the IO. Officers designated to c…

A. The convening authority may properly agree to refer charges to a certain type of court-martial, withdraw one or more charges or specifications from the court-martial, have trial counsel present no evidence as to one or more specifications, and/or take specified action on the s…

A. The Louisiana Indigent Defense Assistance Board may provide direct assistance to judicial district indigent defender boards based on the LIDAB's funding levels, a judicial district indigent defender board's demonstrated need, and compliance with the following guidelines. Grant…

A. The Louisiana Indigent Defense Assistance Board, through its director, shall, within 30 days of formal notice from a court having jurisdiction over the appeal of the capital case of an indigent, cause to have counsel enrolled to represent the defendant on direct appeal. B. The…

A. Attorneys certified by the Louisiana Indigent Defense Assistance Board within the guidelines of this rule shall be monitored to ensure eligibility. 1. An attorney who fails to maintain his or her status and educational requirements as defined in §305 above shall not be conside…

A. The following standards shall serve as guides to attorneys eligible for appointment as capital appellate or post-conviction counsel. 1. Attorneys accepting appointments pursuant to this rule should provide each indigent client with quality representation in accordance with con…

A. Counsel appointed in accordance with this rule shall secure all proper and necessary support services, including, but not limited to, investigative, expert, mitigation, and any other support services necessary to prepare and present an adequate defense. An attorney should use …

A. Definitions Commissioner―the Commissioner of the Louisiana Office of Financial Institutions. Licensee―any person or entity chartered or licensed by the Louisiana Office of Financial Institutions. Office―the Louisiana Office of Financial Institutions. B. Prior to the institutio…

A. Any interested person may petition the Office of Financial Institutions requesting the adoption, amendment, or repeal of a rule. B. A petition for adoption, amendment or repeal of a rule shall be plainly and prominently titled and styled as such and shall be manually signed by…

A. State Parks⎯General Admission Fees 1. Except as otherwise provided in this Chapter, a general admission fee is charged at all state parks as follows. State Parks Visitors (age 4-61) in non-commercial vehicles, walk-in visitors, visitors on bicycles $3 per person, per day Child…

A. Boating 1. Boat Launch Fees a. In addition to the general admission fee and all other applicable user fees, a boat launch fee of $5 is charged to all vehicles entering the park with motorized watercraft. b. An annual boat launch permit can be purchased at a cost of $75 from th…