2,311 sections across 315 Louisiana regulatory chapters.
Chapter 5. 2016 Louisiana Farm Recovery Grant Program-505 Application Procedure and Forms
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A. The application period shall be publicly announced or published in a manner that fairly puts agricultural producers on notice of the 2016 Louisiana Farm Recovery Grant Program and the start and end of the application period. B. Only application forms prepared by LAFA for this …
Chapter 5. 2016 Louisiana Farm Recovery Grant Program-507 Disbursement of Funds
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A. After the LAFA staff has approved an application, the proceeds of the grant shall be disbursed by LAFA’s staff upon the signing of the grant documents by the applicant and LDAF’s director of grant recovery programs. B. If the total amount of proceeds to be disbursed under the …
Chapter 5. 2016 Louisiana Farm Recovery Grant Program-509 Use of Grant Proceeds
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A. Grant proceeds may be used to pay current year working capital expenses that are related to the preparation, planting, management and harvesting the current year crop including, but limited to feed, bait, seed, fertilizer, fuel, chemicals, herbicides, crawfish traps, office su…
Chapter 5. Applications-501 Definitions
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Applicant―one or more natural persons or a state-chartered financial institution seeking a certificate of authority from the commissioner to transact business as a financial institution, or a branch thereof, as defined below. Application―shall consist of forms provided by the com…
Chapter 5. Applications-503 Application for Certificate of Authority
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A. Scope. This rule applies to applications for a certificate of authority under R.S. 6:101 et seq. B. Application Filing and Notice 1. Applications shall be in such form and contain such information as the commissioner may from time to time prescribe. Application forms may be ob…
Chapter 5. Applications-505 Application to Relocate a Main Office or Branch Office
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A. A financial institution desiring to relocate its main office or an existing branch office must make application to the commissioner. Five of the above factors to be considered for a new branch office will also be considered for a relocation. Convenience and needs of the commun…
Chapter 5. Applications-509 Application for Loan Production Office (LPO)
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A. Definitions Commissioner—the commissioner of the Louisiana Office of Financial Institutions. Federal Financial Institution—any national bank, federal savings association, or other depository institution chartered by the Office of the Comptroller of the Currency. Financial Inst…
Chapter 5. Applications-511 Deposit Production Office
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A. Definitions Commissioner—the commissioner of the Louisiana Office of financial institutions. Deposit Production Office—a physically manned location, in the State of Louisiana, in another state, or the District of Columbia, other than the main office or branch office of a finan…
Chapter 5. Applications-513 Combination of Loan Production Office, Deposit Production Office, and Electronic Financial Terminal
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A. Definitions. For purposes of this Section, the definitions provided in §§509 and 510 are applicable. B. Combined Prior Notification 1. Any Louisiana financial institution seeking to operate at the same location, a loan production office, a deposit production office, and an ele…
Chapter 5. Approval of Non-State Entity Use of State Telecommunications Services-501 General
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A. Non-state entities may be allowed to use state telecommunications services under particular circumstances.
Chapter 5. Approval of Non-State Entity Use of State Telecommunications Services-503 Approval Criteria
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A. When one of the following criteria is met and upon approval of the Office of Telecommunications Management, non-state entities may use state telecommunications services. The non-state entities shall be either: 1. political subdivisions created by statute; 2. state credit union…
Chapter 5. Approval of Non-State Entity Use of State Telecommunications Services-505 Charges
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A. The non-state entities being allowed to use the state provided services will be charged the same rates as state agencies and must pay for the service within 30 days of receipt of the Office of Telecommunications Management invoice.
Chapter 5. Approval of Non-State Entity Use of State Telecommunications Services-507 Availability and Usage Constraints
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A. The use of the state services by the non-state entities shall not preclude any state agency from use of those services. The non-state entity's use of these services should not result in any additional unreimbursed cost to the state.
Chapter 5. B. In accordance with R.S. 51:1405(B), these rules and regulations shall not conflict with the constitution of this state and shall be interpreted giving due consideration to the intent of the legislature as evidenced by all of the statutes of the state.-503 Multi-Level Distribution and Chain Distributor Marketing Schemes
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A. Definitions. For the purpose of this Section, the following definitions shall apply. Chain Distributor Scheme―a sales device whereby a person, upon a condition that he make an investment, is granted a license or right to recruit for profit one or more additional persons who al…
Chapter 5. B. In accordance with R.S. 51:1405(B), these rules and regulations shall not conflict with the constitution of this state and shall be interpreted giving due consideration to the intent of the legislature as evidenced by all of the statutes of the state.-505 Magazine and Periodical Subscription Service Sales Practices
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A. Prohibited magazine and periodical subscription service sales practices shall include: 1. soliciting or accepting subscriptions for magazines or other periodicals without authority to sell same or which cannot be delivered or caused to be delivered within 90 days; or 2. requir…
Chapter 5. B. In accordance with R.S. 51:1405(B), these rules and regulations shall not conflict with the constitution of this state and shall be interpreted giving due consideration to the intent of the legislature as evidenced by all of the statutes of the state.-507 Bait Advertising
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A. Bait advertising is any representation or offer to sell any goods or services in any manner or by any means of communication, which representation has the effect of luring consumers to the location of the goods or services represented, or which induces consumers to contact the…
Chapter 5. B. In accordance with R.S. 51:1405(B), these rules and regulations shall not conflict with the constitution of this state and shall be interpreted giving due consideration to the intent of the legislature as evidenced by all of the statutes of the state.-509 Deceptive Endorsements and Testimonials
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A. Definition. For the purpose of this rule the following definition shall apply. Endorsement or Testimonial―any message in advertising or by oral representation by the seller, his employee, or his agent, that conveys to the consumer views favorable to the product or service adve…
Chapter 5. B. In accordance with R.S. 51:1405(B), these rules and regulations shall not conflict with the constitution of this state and shall be interpreted giving due consideration to the intent of the legislature as evidenced by all of the statutes of the state.-511 Misrepresentation of Old, Used, or Secondhand Goods
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A. Definition. For the purpose of this rule the following definition shall apply. Old, Used, or Secondhand Merchandise―any commodity sold in the ordinary course of trade and commerce which has been previously subjected to the use for which it was intended, provided that this Sect…
Chapter 5. B. In accordance with R.S. 51:1405(B), these rules and regulations shall not conflict with the constitution of this state and shall be interpreted giving due consideration to the intent of the legislature as evidenced by all of the statutes of the state.-513 Imperfections, Rejects and Distressed Goods
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A. Definition. For the purpose of this rule the following definition shall apply. Distressed Goods―consumer goods which are defaced, scratched, dented, damaged, or have been subjected to conditions that alter their original state, such as fire damage or damage from a natural disa…
Chapter 5. B. In accordance with R.S. 51:1405(B), these rules and regulations shall not conflict with the constitution of this state and shall be interpreted giving due consideration to the intent of the legislature as evidenced by all of the statutes of the state.-515 Charitable Solicitations
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A. Definitions. For the purpose of this rule the following definitions shall apply. Charitable Organization―a group which is or holds itself out to be benevolent, civic, recreational, educational, voluntary health, social service, philanthropic, fraternal, humane, patriotic, reli…
Chapter 5. Commencement of Adjudications-501 Commencement of Adjudications; Assignment of Docket Number and Administrative Law Judge (formerly §503)
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A. A case is commenced for purposes of this Chapter upon the filing of a hearing or mediation request by a party. If DAL has jurisdiction over a matter, the matter will be docketed and assigned to an administrative law judge. B. When DAL receives a hearing request subject to its …
Chapter 5. Commencement of Adjudications-503 Location of Hearings; Telephone Hearings (formerly §505)
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A. Hearings will be held in the venue required by statute except when the hearing is conducted by telephone. B. When the governing statute does not require a particular venue, or provides for more than one appropriate venue, the location of hearings will be determined by the admi…
Chapter 5. Commencement of Adjudications-505 Hearing Conducted on the Record
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A. A party may request a hearing be conducted entirely based on the record, briefs or other written submissions. B. A party requesting a hearing on the record must file a motion no later than 10 days before the scheduled hearing unless a different time period is allowed by the ad…
Chapter 5. Commencement of Adjudications-507 Pleadings―Form and Content (formerly §311)
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A. Unless otherwise required by law, pleadings should: 1. state the name, physical address, mailing address, e-mail address, and telephone number of the person filing the pleading, and his/her bar roll number, if applicable; 2. be legibly written, typewritten or printed with 1-in…
Chapter 5. Commencement of Adjudications-509 Filing of Pleadings and Documents (formerly §307)
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A. Any pleading, document, or other item filed with the Administrative Hearings Clerk into the adjudicatory record shall be filed by hand delivery, postal mail, common carrier, or transmitted by facsimile or other electronic means. Documents sent by facsimile should not exceed 20…
Chapter 5. Commencement of Adjudications-511 Service of Pleadings (formerly §313)
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A. Except as otherwise required by law, on the day that a pleading or document is filed with the Administrative Hearings Clerk, service of same shall be made upon all other parties, attorneys or designated representatives, by hand delivery, mail or electronic transmission, as sho…
Chapter 5. Commencement of Adjudications-513 Notices of Hearings; Orders, Decisions and Other Documents (formerly § 309)
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A. All notices of hearings, orders, decisions and other documents sent by DAL shall be sent by postal mail or transmitted by electronic means, unless otherwise required by law. 1. If a party is not represented by counsel, notices are sent to the party’s last known physical, posta…
Chapter 5. Criteria to Organize within Residential Groups, and Add Associational Groups-501 Definitions
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A. As used in this Rule, and unless the content details otherwise, the following definitions apply. Application―those documents submitted in a form acceptable to the commissioner, along with all supporting information, requesting approval of a bylaw amendment that provides for a …
Chapter 5. Criteria to Organize within Residential Groups, and Add Associational Groups-503 Well-Defined Neighborhood, Small Community, and Rural District
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A. Well-Defined Neighborhood shall mean a specified small part of a geographic area considered in regard to its residents or distinctive characteristics, specified by name, and must be described in writing. 1. Boundaries may be defined by streets, roads, or other delineations inc…
Chapter 5. Criteria to Organize within Residential Groups, and Add Associational Groups-505 Residential Group Common Bond
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A. The applying credit union must demonstrate by the weight and accumulation of facts presented that a residential group common bond has unifying characteristics that clearly meet the applicable definition(s). The commissioner will consider the volume and value of evidence in est…
Chapter 5. Criteria to Organize within Residential Groups, and Add Associational Groups-507 Applications
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A. A residential group common bond request shall be submitted to the commissioner on the form(s) provided by the LOFI; and include the proposed amendment to the credit union's bylaws in accordance with Section 665 of the Louisiana Credit Union Law. In reviewing the application, t…
Chapter 5. Criteria to Organize within Residential Groups, and Add Associational Groups-509 Public Policy
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A. In order to protect the interests of current and future members of the credit union, to be responsive to the needs of the membership for financial services, to encourage further economic growth in the state of Louisiana, and to foster the development of credit unions under a d…
Chapter 5. Criteria to Organize within Residential Groups, and Add Associational Groups-511 Mergers
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A. A credit union serving a residential group common bond may merge with another credit union, pursuant to Section 646(A)(2) of the Louisiana Credit Union Law, if the proposed merger neither creates a safety and soundness concern nor violates any other section of the Louisiana Cr…
Chapter 5. Criteria to Organize within Residential Groups, and Add Associational Groups-513 Adding Associational Groups
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A. Pursuant to his authority under the Louisiana Credit Union Law and the stated purpose of the same, the commissioner has determined that, if there are no safety and soundness concerns, it is appropriate to allow expansions of a credit union's FOM involving members and employees…
Chapter 5. Criteria to Organize within Residential Groups, and Add Associational Groups-515 Public Notification
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A. Upon approval of a residential group common bond, the commissioner shall include the name of the credit union and a brief description of the well-defined neighborhood, small community, or rural district that has been approved in LOFI's next monthly bulletin, which is available…
Chapter 5. Criteria to Organize within Residential Groups, and Add Associational Groups-517 Exceptions
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A. Exceptions to this rule and/or waivers of the requirements contained herein may be granted by the commissioner on a case-by-case basis. Any request for an exception and/or waiver must be submitted in writing and requires the written approval of the commissioner.
Chapter 5. Criteria to Organize within Residential Groups, and Add Associational Groups-519 Effective Date
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A. This Rule shall become effective upon final publication.
Chapter 5. Criteria to Organize within Residential Groups, and Add Associational Groups-521 Severability
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A. If any Section, term, or provision of this rule, LAC 10:IX.501-519, is for any reason declared or adjudged to be invalid, such invalidity shall not affect, impair, or invalidate any of the remaining Sections, terms, or provisions contained herein.
Chapter 5. Debt Collection Agencies-501 Reserved.
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Subchapter B. Examinations
Chapter 5. Debt Collection Agencies-505 Parameters
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A. Section 3576.2 of the Collection Agency Regulation Act, ("CARA"), R.S. 9:3576.1 et seq., empowers the Commissioner of Financial Institutions ("Commissioner") to regulate the licensing, operations, and practices of collection agencies and debt collectors to protect the welfare …
Chapter 5. Debt Collection Agencies-507 Reserved.
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Subchapter C. Nonsufficient Funds
Chapter 5. Debt Collection Agencies-509 Collection of Nonsufficient Funds Fees
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A. Purpose. In connection with the recovery of sums represented by returned checks for their clients, certain debt collection agencies are collecting service fees in excess of those allowed by law. The Commissioner of the Office of Financial Institutions is statutorily mandated t…
Chapter 5. Direct Deposit of Vendor Payments and Electronic Receipt of Supporting Data-501 Definitions
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Child Support―involuntary employee deduction ordered by a court for payment for support of a child. Direct Deposit―the automatic deposit, through electronic transfer of funds, of vendor pay into a checking or savings account at a bank, savings and loan, or credit union of their c…
Chapter 5. Direct Deposit of Vendor Payments and Electronic Receipt of Supporting Data-503 Direct Deposit of Vendor Payments and Electronic Receipt of Supporting Data
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A. Effective July 1, 2002, all vendors having either voluntary or involuntary payroll deductions through the ISIS Human Resource System must accept payments for eductions via direct deposit or other approved electronic means and must accept supporting data via an approved electro…
Chapter 5. Direct Deposit of Vendor Payments and Electronic Receipt of Supporting Data-505 Request for Direct Deposit Waiver
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A. Vendors may request a waiver of this rule by submitting in writing a formal request to the Director of the Office of State Uniform Payroll. Upon receipt of formal request, the Office of State Uniform Payroll will approve or deny the request for waiver and notify the vendor in …
Chapter 5. Direct Deposit of Vendor Payments and Electronic Receipt of Supporting Data-507 Enforcement of Rule
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A. Vendor payments will be placed in a holding account until such time that vendor completes an approved direct deposit enrollment authorization form and forwards said form to the Office of State Uniform Payroll. B. Failure to adhere to this rule will result in termination of pay…
Chapter 5. Effect of Publication-501 Official Text of Published Documents
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A. Asterisks 1. Where more than one Section of rules is being amended in a single document, and the Sections are not consecutive, then the omitted Sections are indicated by a row of three asterisks. 2. Where multiple Sections are being amended and the Sections are not consecutive…
Chapter 5. Effect of Publication-503 Constructive Notice
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A. Unless otherwise specifically provided by statute the publication under this Title of any document required or authorized by this Title to be so published shall, except in cases where notice by publication is insufficient in law, be sufficient to give notice of the contents of…
Chapter 5. Effect of Publication-505 Judicial Notice
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A. The contents of the Louisiana Administrative Code, the supplements thereto, and the Louisiana Register shall be given judicial notice.
Chapter 5. Entry Requirements to admit Animals into this State and into Events-501 B. All livestock to be admitted to fair grounds, livestock show grounds, breeders' association sale grounds, rodeos or racetracks must be accompanied by an official health certificate, issued by an accredited veterinarian, asserting that the animals are showing no evidence of infectious, contagious or parasitic disease and are apparently healthy and have met all the specific requirements of this regulation. However, horses not congregated overnight are exempt from being accompanied by a health certificate, but must meet the requirements as stipulated in equine requirements §523.
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B. All livestock to be admitted to fair grounds, livestock show grounds, breeders' association sale grounds, rodeos or racetracks must be accompanied by an official health certificate, issued by an accredited veterinarian, asserting that the animals are showing no evidence of inf…