Louisiana Administrative Code

A. Requests for rehearing by any party shall not be considered by the Commissioner of Conservation.

A. All notices and filings provided for herein shall be presumed to be timely when the postmark date or actual date of receipt, if hand delivered, of the copy received by the commissioner complies with appropriate delays herein provided. Copies required to be provided to the part…

A. All notices and filings provided for herein shall be presumed to be timely when the postmark date or actual date of receipt, if hand delivered, of the copy received by the commissioner complies with appropriate delays herein provided. Copies required to be provided to the part…

A. In addition to the publication of the legal notice by the commissioner in the official state journal, the responsible party or parties shall provide for the posting of a copy of the legal notice of the hearing and a plat or plats in a prominent place in the area affected, and …

A. In addition to the publication of the legal notice by the commissioner in the official state journal, the responsible party or parties shall provide for the posting of a copy of the legal notice of the hearing and a plat or plats in a prominent place in the area affected, and …

A. The responsible party or parties shall first present the entire scientific, technical or other bases of their plan or plan(s). B. Any litigation party or parties who have filed a comment in support of any responsible party's plan or plans shall then present the entire scientif…

A. The responsible party or parties shall first present the entire scientific, technical or other bases of their plan or plan(s). B. Any litigation party or parties who have filed a comment in support of any responsible party's plan or plans shall then present the entire scientif…

A. Failure to comply with the provisions of or the spirit of these rules of procedure may prevent plan, comment or response from being advertised or heard, or may prevent a party from presenting evidence at the hearing, but any approval or structure of a plan issued by the commis…

A. Failure to comply with the provisions of or the spirit of these rules of procedure may prevent plan, comment or response from being advertised or heard, or may prevent a party from presenting evidence at the hearing, but any approval or structure of a plan issued by the commis…

A. The procedures set forth in these rules shall commence upon final submission date as provided in these rules.

A. The procedures set forth in these rules shall commence upon final submission date as provided in these rules.

A. Nothing contained in these rules shall in any way limit the authority of the commissioner of conservation to independently initiate any civil or administrative proceeding or to initiate any civil enforcement action. B. Nothing in these rules shall in any way limit the Office o…

A. Nothing contained in these rules shall in any way limit the authority of the commissioner of conservation to independently initiate any civil or administrative proceeding or to initiate any civil enforcement action. B. Nothing in these rules shall in any way limit the Office o…

A. Members who retired with an early retirement or as a disability retiree are not eligible for reemployment with a participating MERS employer.

A. A retiree of MERS wishing to return to work with a participating employer in MERS, whether part-time or full-time, shall wait one month from the effective date of their retirement to begin reemployment.

A. A member returning to work as a part-time employee may request a written earnings limit statement from MERS. B. Monthly earnings of part-time reemployed retirees must be reported to MERS by the participating MERS employer by which they are employed. C. It is the responsibility…

A. This Chapter establishes the means of enabling stationary sources to identify and preserve or acquire emission reductions for new source review (NSR) offsets.

A. Major stationary sources are subject to the provisions of this Chapter for the purpose of utilizing emission reductions as offsets in accordance with LAC 33:III.504. Minor stationary sources located in nonattainment areas may submit ERC applications for purposes of banking, pr…

A. The terms used in this Chapter are defined in LAC 33:III.111 with the exception of those terms specifically defined as follows. Actual Emissions⎯the actual rate of emissions of an air pollutant from a source operation, equipment, or control apparatus. Actual emissions shall be…

A. Acceptable Methods of Creation. Methods of reducing emissions to receive credit under this Chapter include, but are not limited to, the following: 1. installation of add-on control equipment; 2. change in process(es); 3. change in process inputs, formulations, products or prod…

A. Procedures for Calculating the Surplus Emission Reduction. The following procedures shall be used in calculating the quantity of surplus air emission reductions. 1. Calculate actual emissions during the baseline period. 2. Calculate adjusted allowable emissions during the base…

A. Eligibility 1. In order to be eligible for ERCs, the mobile source must be capable of being used or operated for its intended purpose and registered and insured by the owner, if required by applicable law. 2. Eligible emission reduction strategies include: a. exhaust control t…

A. Recordkeeping Requirements. All records shall be maintained for the life of the ERC and shall be available, upon request, for inspection by the department. Amounts should be specified in tons per year. 1. For each approved ERC certificate or pending ERC application, each ERC o…

A. All applications for banking emission reductions shall be submitted by March 31 following the year in which the reductions occurred. ERC applications can be submitted in the form of an ERC bank application or as part of a permit application for construction or modification tha…

A. The department’s review and approval of an application for ERCs generally shall be conducted when a request is submitted to use the reductions as offsets. The review shall be conducted in accordance with LAC 33.III.607 or 611, as applicable. B. Preliminary Decision to Approve …

A. The department shall maintain a banking database that shall consist of a record of all information concerning applications, deposits, withdrawals, and transactions, as well as pertinent date(s) concerning such information. All data in the banking database shall be available to…

A. Where the university utilizes the reverse auction process on behalf of a single institution, the CPO shall: 1. determine it is in the best interest of the university to use electronic online bidding; 2. determine specifications and terms and conditions for the procurement. B. …

A. It is the responsibility of the bidder to obtain any solicitation amendment(s) if the solicitation and addenda are posted on an electronic internet-based system for posting bid opportunities. B. An addendum modifying a reverse auction shall not be issued during the 72 hours ex…

A. The public may view the internet auction event which will be conducted such that the names of the bidders will not be disclosed until after the completion of the auction, at which time the event record will be available to the public.

A. In accordance with R.S. 49:953(C)(1), any interested person may petition an agency to adopt a new rule, or to amend or repeal an existing rule. B. To petition the Office of Motor Vehicles for the adoption, amending or repeal of any rule, an interested person shall submit in wr…

A. Upon receipt of a petition for rulemaking form, the OMV Commissioner shall forward the petition to his agency designee. The agency designee shall review the petition for completeness pursuant to the requirements listed in LAC 55:III:601. B. If the petition is found to be compl…

A. Department of Environmental Quality records and information obtained under the Louisiana Environmental Quality Act, or in accordance with any rule, regulation, order, license, registration, or permit term or condition adopted or issued thereunder, or by any investigation autho…

A. The following terms used in this Chapter shall have the meanings listed below, unless the context otherwise requires, or unless specifically redefined in a particular Section. Distribution or Dissemination via the Internet―to make known to the public generally by posting to a …

A. As the department does not generate security-sensitive information as defined in LAC 33:I.603, it shall be the responsibility of a provider of such information to identify it as security sensitive at the time of submitting it to the department.

A. In the event that a submittal of records, documents, or information to the department contains security-sensitive information, these steps shall be followed in order to ensure that the information is marked for protection from Internet distribution or dissemination. 1. A cover…

A. In the event that the department distributes or disseminates any information via the Internet that was in its possession prior to the adoption of this regulation, and the provider of the information considers the information to be security sensitive, it is the responsibility o…

A. The Department of Health and Hospitals/ OPH hereby adopts the federal regulations for Tolerances for Pesticides in Food administered by the Environmental Protection Agency, as found in 21 CFR 193 dated April 1, 1984.

A. This Chapter implements requirements mandated by the Underground Storage Tank Compliance Act, 42 U.S.C. 6991. B. The requirements outlined in this Chapter apply to UST systems regulated under this Part, except those excluded by regulation in LAC 33:XI.101.B and C. C. Owners an…

A. There shall be three classes of UST operators, identified as class A, class B, and class C. 1. Designation. Owners of UST systems described in LAC 33:XI.601.B shall designate for each UST system or group of UST systems at a facility, at least one named individual for each clas…

A. Training. Operator training shall evaluate operator fulfillment of the training requirements described for each class of operator in LAC 33:XI.603. The following is a list of acceptable approaches to meet the operator training requirements. 1. Acceptable Training for Class A a…

A. On or after February 20, 2010, owners of UST systems shall designate their class A and class B UST operators and provide these designations to department personnel or to department-contracted inspectors during department or contract inspections. B. All class A and class B UST …

A. Certified class A and class B UST operators shall be re-trained in accordance with LAC 33:XI.603 and 605 within three years of their last training date. 1. Certified Class A and Class B UST operators who are the designated operators for multiple facilities are only required to…

A. Owners and operators shall maintain the following records demonstrating compliance with UST operator training requirements for operators associated with the facility: 1. a training certificate for each person who is currently serving as a Class A, Class B, or Class C UST opera…

A. Court-Martial Trial Guides. A guide for the conduct of Summary Courts-Martial is located in Appendix B of this Regulation. The Military Judge’s Benchbook, DA Pam 27-9, shall be consulted as a guide for Special and General Courts-Martial. The benchbook contains scripts for GCMs…

A. Pursuant to LCMJ Article 36, and unless otherwise specifically stated by the military judge or other competent authority, the following rules of courtroom procedures shall apply to all non-judicial punishment proceedings and courts-martial conducted under the LCMJ. 1. Decorum …

A. General. An "LCMJ Article 39(a) Session" empowers the military judge to call the court-martial into session for consideration of any matters not requiring the presence of court members. It applies to both pre-trial and post-trial issues. B. Purposes. The following illustrative…

A. The arraignment normally occurs during an Article 39(a) session. [See R.C.M. 904.] In the arraignment, the trial counsel informs the accused of the specific charges and the military judge asks the accused how he desires to plead. The accused may waive reading of the charges an…