Louisiana Administrative Code

A. The commissioner may rescind a letter of no objection if he finds that the individual submitted materially false information or omitted any material information in association with the request for a letter of no objection, or if subsequent events occur that cause the commissio…

A. Regulation 66, as amended, shall become effective on April 20, 2014.

A. The purpose of this Chapter is to implement the Small Business Innovation Recruitment Fund Program as established by R.S. 51:2402. B. This Chapter shall be administered to achieve the following purposes: 1. to recruit out of state small businesses that have received Phase II S…

A. Terms not otherwise defined in this Chapter shall have the same meaning given to them in R.S. 51:2402, unless the context clearly requires otherwise. B. In this Chapter, the following terms shall have the meanings provided herein, unless the context clearly indicates otherwise…

A. The following general principles will direct the administration of the program. 1. Awards are not to be considered as an entitlement for companies, and the secretary has the final authority to determine whether or not each particular applicant is eligible and meets the criteri…

A. Applicants for the benefits of this program shall meet the following criteria: 1. the applicant shall be an out of state small business that has received a Phase II SBIR or Phase II STTR Federal Notice of Award within the two years immediately preceding submission of an applic…

A. LED will provide a standard application form which applicants will be required to use to apply for assistance under this program. The application form will contain, but not be limited to, the following: 1. out of state small business name; 2. contact person and their title; 3.…

A. LED will consider various factors when determining which applications will be funded. Among the factors which may be taken into consideration are the following; 1. nominations of eligible small businesses recommended by REAL; 2. disbursing of funding statewide; 3. number of em…

A. In the event LED determines that an applicant is eligible, funding is available and a grant would be appropriate, a grant letter will be issued, specifying the amount, the terms and conditions of the grant. B. Each grant awarded shall be divided into three equal amounts and di…

A. The definitions provided in this Section shall have the following meanings within this Chapter. Abandoned—a solar power generation facility that has not generated power for 12 consecutive months, except for good cause as determined by the department. Construction—the installat…

A. These rules apply to all ground-mounted solar power generation facilities, or parts thereof, with a facility footprint of 10 acres or more located in Louisiana. The facility footprint may be comprised of a single contiguous tract or multiple non-contiguous tracts. B. Nothing i…

A. A solar power generation facility shall at all times have a designated operator, who shall be authorized by all responsible parties as the person responsible for compliance with all requirements of this Chapter and who acts on behalf of all responsible parties. B. The designat…

A. The designated operator of a solar power generation facility shall register with the department before submitting a permit application to begin construction or commence operation of the facility. For facilities under construction or in operation before the effective date of th…

A. As a prerequisite to the permit application, the designated operator of a proposed solar power generation facility shall send written notice to all adjacent landowners and the police jury or council of each parish where the proposed facility will be located. The notice shall i…

A. All solar power generation facilities shall be decommissioned in accordance with this Chapter, except those exempt pursuant to Section 5119. Decommissioning shall include all removal activities and restoration activities unless otherwise provided herein. B. Each facility shall…

A. The designated operator of a solar power generation facility shall establish financial security to the department within 30 days after issuing a permit in an amount that will ensure sufficient funds are available for all decommissioning activities in compliance with this Chapt…

A. The submission of an administratively complete permit application shall serve as an acknowledgment and agreement by the designated operator, responsible parties, and landowners that the department, upon proper notice and identification, may enter the immovable property where t…

A. Solar power generation facilities owned by an electric utility provider and regulated by the Public Service Commission or the Council of the city of New Orleans are exempt from the requirements of Sections 5109–5115 of this Chapter when either of the following conditions are m…

A. Pursuant to Section 5109(B), the designated operator of a solar power generation facility shall pay to the department the following fees: 1. an application fee of no more than $15 per acre for the total number of acres within the facility footprint as identified in the enginee…

A. Every registered wholesale tobacco dealer receiving cigarettes or roll-your-own tobacco made by a tobacco product manufacturer who is not participating in the Master Settlement Agreement, whether the product is purchased directly from the manufacturer or through a distributor,…

A. Definitions Cash Discounts—reduction to the total invoiced amount based upon a payment method or timing of payment such as payment by electronic funds transfer, automatic withdrawal or full payment within a specified period. Promotional Incentives—product provided to the Louis…

A. The definition of smokeless tobacco provided in R.S. 47:842(15) includes articles and products made of tobacco and tobacco substitutes. B. Any product made with nicotine which is extracted from tobacco is considered an article or product made of tobacco. It is not necessary th…

A. Stamping agents licensed with the Office of Alcohol and Tobacco Control may sell cigarettes in or into the state only if the manufacturer and brand family of the cigarettes are listed on the state directory maintained by the attorney general at the time of stamping. However, u…

A. Tobacco tax stamps shall be purchased by licensed wholesale distributors who are registered as stamping agents with the Office of Alcohol and Tobacco Control. The tobacco tax stamps are shipped to the stamping agents directly from the stamp provider. B. Purchase orders for tax…

A. Tax stamps required by R.S. 47:843 and 847 shall be affixed to the bottom of cigarette packages in a manner that is clearly visible to subsequent purchasers. No other stamp, label, decal, mark or sign shall be affixed to or displayed on the bottom of a package of cigarettes wi…

A. A registered tobacco dealer in tobacco products including but not limited to cigars, cigarettes, and smoking tobacco, shall furnish a bond in accordance with R.S. 47:848(A). B. The secretary is authorized to waive the furnishing of a surety bond as set forth in R.S. 47:848(B).…

A. A dealer may be refunded or credited the cost of stamps affixed to goods when: 1. by reason of damage the goods become unfit for sale and are destroyed by the dealer or returned to the manufacturer or jobber; or 2. the goods were listed on the state directory at the time the s…

A. Reimbursement through the UCC pool is only available for covered services provided within the State of Louisiana to individuals who meet the requirements to be a member of the eligible population. B. Payment through the UCC pool for Medicaid State Plan services shall be an int…

A. A pediatric day health care (PDHC) facility serves medically fragile individuals under the age of 21, including technology dependent children who require close supervision. These facilities offer an alternative health care choice to receiving in-home nursing care. A PDHC facil…

Administrator—the person who is in charge of the daily operation of the PDHC facility. Department or DHH—the Louisiana Department of Health and Hospitals. Child—a medically fragile individual under the age of 21 who receives services from a PDHC facility, including a technology d…

A. All pediatric day health care facilities must be licensed by the department. A PDHC facility shall not be established, opened, operated, managed, maintained, or conducted in this state without a current valid license issued by the Department of Health and Hospitals (DHH). DHH …

A. An initial application for licensing as a PDHC facility shall be obtained from the department. A completed initial license application packet for a PDHC facility must be submitted to and approved by the department prior to an applicant providing PDHC facility services. An appl…

A. The Department shall have the authority to issue the following types of licenses: 1. Full Initial License. The department shall issue a full license to the facility when the initial licensing survey finds that the PDHC facility is compliant with all licensing laws and regulati…

A. Prior to the initial license being issued to the PDHC facility, an initial licensing survey shall be conducted on-site at the facility to assure compliance with licensing standards. The facility shall not provide services to any child until the initial licensing survey has bee…

A. A PDHC facility license shall be valid only for the person or entity named in the license application and only for the specific geographic address listed on the license application. B. Any change regarding the PDHC facility name, “doing business as” name, mailing address, phon…

A. A facility that intends to close or cease operations shall comply with the following procedures: 1. give 30 days advance written notice to: a. the department; b. the prescribing physician; and c. the parent(s) or legal guardian or legal representative; 2. notify the department…

A. License Renewal Application. A PDHC facility must submit a completed license renewal application packet to the department at least 30 days prior to the expiration of the existing current license. The license renewal application packet shall include: 1. the license renewal appl…

A. In accordance with the provisions of the Administrative Procedure Act, the department may: 1. deny an application for a license; 2. deny a license renewal; or 3. revoke a license. B. Denial of an Initial License 1. The department shall deny an initial license when the initial …

A. Notice of a license denial, license revocation or license non-renewal shall be given to the provider in writing. B. The PDHC facility has a right to an informal reconsideration of the license denial, license revocation, or license non-renewal. There is no right to an informal …

A. The department shall conduct complaint surveys in accordance with La. R.S. 40:2009.13, et seq. B. Complaint surveys shall be unannounced surveys. C. An acceptable plan of correction may be required by the department for any complaint survey where deficiencies have been cited. …

A. The following statements of deficiencies issued by the department to the PDHC facility shall be posted in a conspicuous place on the licensed premises: 1. the most recent annual survey statement of deficiencies; and 2. any subsequent complaint survey statement of deficiencies.…

A. The licensee of each PDHC facility shall have full legal authority and responsibility for the operation of the facility. B. Each PDHC facility shall be organized in accordance with a written table of organization which describes the lines of authority and communication from th…

A. The PDHC facility through collaboration by the medical director, administrator, and director of nursing shall develop, implement and maintain written policies and procedures governing all child care and related medical or other services provided. to participants. The child car…

A. Each PDHC facility shall have written policies and procedures governing the acceptance and participation of children in their pediatric day health care program. B. Infants or children shall be considered for acceptance to the facility if they have been diagnosed with a medical…

A. Each child that has been accepted to a facility and participates in a PDHC program shall have a plan of care developed to assure that the child receives appropriate services. Development of the plan of care shall begin within 72 hours of receipt of the referral to allow suffic…

A. The parent(s) of a child who participates in PDHC services shall, prior to or upon acceptance, receive a written statement of the services provided by the facility. B. Before care is initiated, the child and or the parent have the right to be advised in writing of his/her liab…

A. During the delivery of services, child care goals and interventions shall be coordinated in conjunction with providers and caregivers to ensure appropriate continuity of care from acceptance to the PDHC facility until the child’s participation ends. B. The facility shall maint…