Louisiana Administrative Code

A. The following conditions apply to all solid waste permits. 1. The permit holder shall comply with all conditions of a permit except that the permit holder need not comply with the conditions of a permit to the extent and for the duration such noncompliance is authorized in an …

A. General. The Department of Transportation and Development (DOTD) has the legal authority and the responsibility to regulate all utilities on highways under state jurisdiction, to designate and control the use made of right-of-way acquired for public highway purposes to preserv…

A. Responsibilities Pertaining to Highway Occupancy 1. State of Louisiana Department of Transportation's Responsibility a. Prescribe and enforce all rules and regulations as to construction, repairs or maintenance of the poles, wires and lines of telegraph, telephone, community a…

A. The following are definitions of the terminology used in these standards: Abandonment―occurs when a facility remains in highway right-of-way after it is no longer functioning. Access Connection―any roadway facility by means of which vehicles can enter or leave a highway. Inclu…

A. Permits granted by the DOTD are granted only insofar as the Louisiana Department of Transportation and Development has the power and right to grant them. In granting permits no right or privilege of the abutting property owner is interfered with or abridged, nor is the DOTD re…

A. All applications for permits shall originate in the office of the district utility and permit specialist. The district utility specialist shall be responsible for performing and/or insuring the following. 1. Checking with all appropriate district personnel (district administra…

A. The following shall govern the location and design of all utility installations within highway right-of-way. 1. Location a. Utility lines shall be located to minimize need for later adjustment to accommodate future highway improvements and to permit installation and servicing …

A. The rights and privileges granted under an occupancy permit or agreement shall be nonexclusive and shall not be construed to be any broader than those expressly set out in acts of the Legislature of the State of Louisiana, regardless of the language used in the permit or agree…

A. General 1. All materials and workmanship shall conform to the requirements of the applicable federal, state, and industry code and the DOTD's specifications. 2. All safety precautions for the protection of the traveling public must be observed. Undue delay to traffic will not …

A. General. All applicable general considerations, specific policies and conditions, and general standards shall apply, in addition to those listed in this Section. This Section shall be the DOTD's compliance with 23 CFR 713 Subpart B, the accommodation policy for controlled acce…

A. General 1. All applicable general considerations, specific policies, and general standards listed elsewhere in this Chapter shall apply. 2. Where uncased crossings are permitted, the following general considerations shall apply. a. New installations must provide at least 5 fee…

A. In addition to the standards described elsewhere in this manual, requirements for jacking and boring pipe under roadways shall be governed by Section 728 of the Louisiana Standard Specifications for Roads and Bridges and EDSM No. III.2.6.1 (construction) and EDSM No. IV.2.1.1 …

A. In addition to the applicable standards set forth in other sections, the following apply to all new utility installations permitted within areas that have been acquired or set aside for their scenic quality, namely scenic strips, overlooks, rest areas, recreation areas, the ri…

A. General Requirements 1. All construction activities within state highway rights-of-way or servitudes shall conform to latest DOTD standards. Typical sections of ramps, driveways, intersecting streets, etc., shall generally conform to the standards under which the roadway was b…

A.1. Preservation, Restoration, and Clean Up a. Temporary Erosion Control i. When the engineer determines that the utility owner's forces are causing erosion that may damage the highway right-of-way, adjacent property, streams or otherwise become a public nuisance, the engineer m…

A. The DOTD shall enter into an agreement with each utility owner to provide for adjustment of utilities in conflict with proposed highway construction. Utility agreements must be completed on forms approved by the DOTD. Copies of approved agreement forms may be obtained from the…

A. Guidelines. Driveway permits are required in order to assure safe and orderly movement for vehicular traffic entering and leaving the highway; to abolish hazardous and indiscriminate parking adjacent to the roadway surface; to preserve adequate sight distances at intersections…

A. Guidelines 1. Structure shall be as approved by the district utility and permit specialist. 2. (diameter in inches) culvert is to be used for drainage structure as approved by the district utility and permit specialist. 3. Drainage shall be as approved by the district utility …

A. The agreement is made up of the Articles of Agreement, Statement of Work, Estimate of Work to be Performed, and Plan of Work. The following is a guide to help complete the agreement. 1. Attention is directed to Paragraph 6b of DOTD PPM 6-6-3-1. If company is not adequately sta…

A. General Information 1. When selecting a contractor, the DOTD is not allowed to pay interest, late charges, or any other related penalty fees. 2. The agreement is between the DOTD and the utility, contractors should not contact the DOTD directly about payments. 3. No invoices m…

A. Standards set forth in these regulations are intended to furnish guidelines for qualification, pursuant to the discretion of the commissioner authorized by Section 51:708(10) of Louisiana Revised Statutes of 1950, as amended, of offers and sales of securities. However, because…

A. The fair value of equity investment shall be deemed to mean the total of all sums conveyed to the issuer in the form of paid in or contributed cash or other tangible items with an established or determinable value. B. The burden of justifying as equitable, the quantity of prom…

6. No Options to Issuer's Agents. No options or warrants shall be issued to an agent of the issuer. 7. Options, Warrants and Convertible Debentures Issued in Connection with Financing Arrangements. Ordinarily, options, warrants and convertible debentures issued in connection with…

A. Warrants or stock purchase options, conversion privileges and other rights to acquire stock or other securities must be justified by the applicant. The following standards will be followed in determining whether the issuance of such warrants and stock options is justified. 1. …

A. Securities which have been issued within two years of the date of filing, or are to be issued to underwriters, promoters or insiders for an amount less than the public offering price or for a consideration other than cash (unless the value of such consideration can be conclusi…

A. General 1. Where, in the opinion of the commissioner, the protection of public investors so requires, the commissioner may require as a condition of registration that all or a portion of the proceeds from the sale of the securities registered shall be impounded with an impound…

A. Securities shall be offered and sold at a price which is fair to the issuer or selling stockholders and to the purchasers. In determining whether a price is fair, the commissioner will give predominant weight to the standards set forth below as shown to the satisfaction of the…

A. Voting Rights of Common Stock. The offering or proposed offering of securities of an issuer having more than one class of common stock authorized shall generally be considered unsound and unfair to public investors if the class of shares of common stock offered to the public: …

A. Inpatient hospital services rendered by state-owned acute care hospitals shall be reimbursed at allowable costs and shall not be subject to per discharge or per diem limits. B. Effective for dates of service on or after October 16, 2010, a quarterly supplemental payment up to …

A. Effective for dates of service on or after January 1, 2020, the prospective per diem rate paid to state owned free-standing psychiatric hospitals, and distinct part psychiatric units within state owned acute care hospitals, shall be increased by indexing to 32 percent of the s…

A. No property of any agency shall be sold to any person or legal entity or otherwise alienated, or be transferred, assigned or entrusted to any other agency or to any officer or employee of any other agency without the written permission of the commissioner through an approved S…

A. The BF-11 is the means of an agency receiving written approval for the disposition of any and all items of state property from the agency. Use only the latest revision of the form BF-11. B. The BF-11 is the request from an agency property manager and is not, in any case, to be…

A. These regulations of the commissioner shall govern the condemnation and disposition of state property when it is determined that certain items of property are of no use to the agency or to the state. B. Property transferred to the Louisiana Property Assistance Agency of the Di…

A. The commissioner shall have power and authority to make necessary and reasonable regulations and orders to carry out the provisions of these regulations when it serves the best interest of the state, in addition to specific authorizations contained in this Part.

A. Definitions Resident—any individual for whom a state residential facility is responsible for ongoing 24 hour care and whose primary domicile is considered the state facility. ICF/MR—intermediate care facility for the mentally retarded which is certified to meet federal regulat…

A. A resident of a state mental retardation/developmental disabilities residential facility shall be allowed to retain resources valued up to $1,600 as defined by the Supplemental Security Income (SSI) program. Resources valued in excess of $1,600 shall be disposed of in a manner…

A. For eligibility criteria for intermediate care facilities for the mentally retarded refer LAC Title 50, Part 3, Subpart A.

A. For licensing standards for residential facilities refer to LAC Title 48, Chapter 79. B. For licensing standards for group homes refer to LAC Title 48, Chapter 63. C. For licensing standards for community homes see LAC Title 48, Chapter 51. D. For licensing standards for super…

A. Voting by residents of state-operated facilities for mentally retarded/developmentally disabled persons. B. The purpose of this policy/procedure is to assist eligible residents of state-operated residential facilities for mentally retarded/developmentally disabled persons to r…

A. Effective February 20, 1998, an individual whose eligibility for participation in the MR/DD Services System has been established and whose generic service plan indicates a need for a residential living option may be voluntarily admitted to a public residential facility at whic…

A. For the purpose of this Chapter the following definitions apply. Approved Records Center Box—a regular slotted container (RSC) box that is 1.2 cubic feet in size, with dimensions of 15 inches x 12 inches x 10 inches.

A. In accordance with R.S. 44:408, the records center may accept records from state agencies when they meet the following criteria. 1. The records are scheduled on an approved records retention schedule and have a retention period of ten years or less. 2. The records belong to an…

A. Each box containing eligible records must comply with the following requirements. 1. The records are boxed in an approved records center box obtained from the records center. 2. The records in each box are from the same records series with the same retention period. 3. The rec…

A. An agency must assign a unique box number to each box to be transferred to the records center. The agency shall write or affix the box number to the upper half of the short side (12 inch) of the box. The box number must correspond to an entry made on the agency's transmittal f…

A. Records stored in the State Records Center must be assigned one of two disposal cycles. Assignment should be made based on the following criteria. 1. July Cycle. Records that are retained based on fiscal year retention periods or meet their retention period between January 1 a…

A. Prior to the delivery of records to the records center for storage, an agency must submit a completed Form SS ARC 103 (Records Center Transmittal Form) to the records center. 1. A separate transmittal form (SS ARC 103) shall be completed for each disposal date (i.e., January o…

A. After completing the transmittal forms for the boxes to be stored at the records center, the agency shall email the transmittals to the records center. The records center will contact the agency's records officer to finalize the delivery date.