Louisiana Administrative Code

A. If the state administrative authority on the basis of available information including that supplied by the applicant pursuant to LAC 33:IX.6309 determines prior to permit issuance that the discharge will not cause unreasonable degradation of the marine environment after applic…

A. The applicant is responsible for providing information which the state administrative authority may request to make the determination required by this Chapter. The state administrative authority may require the following information as well as any other pertinent information: …

A. The following operational policies are hereby adopted by the Peace Officer Standards and Training Council pursuant to LAC 22 Part III Subpart 3 Chapter 45, §4511 and shall be effective upon approval of the Louisiana Commission on Law Enforcement as provided therein.

A. In addition to training, Act 562 of the 1986 Legislative Session provides for "assistance" to local law enforcement agencies.

A. Assistance funds may be used to purchase law enforcement or criminal justice-related equipment. These purchases may include, but are not limited to, the following items: portable radios, computer equipment, monitors, printers, scanners, electronic word processors, target syste…

A. There is a general restriction prohibiting the funding of the following items: 1. all mobile vehicles (automobiles, vans, airplanes, boats, etc.), gasoline, tires, automobile repair and maintenance, insurance, uniforms, leather and accessories, firearms, tazers, and ammunition…

A. Act 562 assistance funds may not be used for renovation. Exceptions to this prohibition may be made by the full commission, if renovations are needed for a locally-funded, accredited academy to maintain compliance with POST standards and regulations.

A. In lieu of equipment purchases, a regional planning district may request funding to reimburse for in-service, specialized and advanced training costs.

A. The liquidation period for all Act 562 assistance grants shall be June l of each fiscal year. Use of residual funds during the year-end liquidation period is limited to those agencies who submit revenues on a regular basis.

A. All mental health services must be medically necessary, in accordance with the provisions of LAC 50:I.1101. The medical necessity for services shall be determined by a licensed mental health professional or physician who is acting within the scope of his/her professional licen…

A. Assessments shall be performed by a licensed mental health professional (LMHP), provisionally licensed professional counselor (PLPC), provisionally licensed marriage and family therapist (PLMFT), or licensed master social worker (LMSW). B. Assessments for community psychiatric…

A. Each enrollee who receives community psychiatric support and treatment (CPST) and psychosocial rehabilitation (PSR) services shall have a treatment plan developed based upon the assessment. B. The individualized treatment plan shall be developed according to the criteria estab…

A. The following mental health services shall be reimbursed under the Medicaid Program: 1. therapeutic services delivered by one of the following practitioners: a. psychiatrist; b. licensed mental health professional; c. provisionally licensed professional counselor; d. provision…

A. In addition to the requirements in LAC 33:IX.Chapters 23-63, the conditions of this Chapter will apply to the LPDES program.

A. Maintenance of Confidential Information. In accordance with R.S. 30:2030 and 30:2074(D), the following shall apply to all requests for nondisclosure of confidential information. 1. Information determined to be confidential by the department shall be segregated from any informa…

A. In addition to the requirements in LAC 33:IX.2501.F, all applicants shall provide the following information to the administrative authority using the application form provided by the department, unless the department determines that such information is not required for the app…

A. The department may take enforcement action as prescribed by state law or regulation against any person who: 1. fails to submit an application as required by law; 2. knowingly makes any false statement, representation, or certification in any application, record, report, or oth…

A. The following are causes, in addition to those found in LAC 33:IX.2907, for terminating a permit during its term or for denying a permit renewal: 1. failure to pay applicable fees under the provisions of LAC 33:IX.Chapter 13; 2. due consideration of the facility's history of v…

A. In addition to the requirements in LAC 33:IX.2701.D, the permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit, including such accelerated or additional monitoring as necessary to det…

A. In addition to the requirements in LAC 33:IX.2701.I, the permittee shall allow the administrative authority or an authorized representative, upon presentation of credentials and other documents as may be required by law, to: 1. enter upon the permittee's premises where a disch…

A. In addition to the requirements in LAC 33:IX.2701.J.3, records of monitoring information shall include: 1. the time(s) analyses were begun; and 2. the results of all quality control procedures.

A. Bypass. In the case of an unanticipated bypass, notice shall be submitted within 24 hours (LAC 33:IX.2701.M.3.b) unless an earlier notice is required in R.S. 30:2025(J). B. Upset. Upon becoming aware of an upset, notice shall be submitted within 24 hours (LAC 33:IX.2701.N.3.c)…

A. In addition to the requirements in LAC 33:IX.3111, the following information is required in all fact sheets: 1. the name of the applicant and location of the facility or activity; and 2. the name of the water body to which the discharge is made or is proposed to be made.

A. In addition to the requirements in LAC 33:IX.3113, publication of the notice one time in the newspaper(s) specified by the department and submission of proof of publication will be required. The costs of publication shall be borne by the applicant. B. All recorded information …

A. The purpose of this Chapter is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol by employees who perform covered functions for operators of certain pipeline facilities subject to LAC 43:XIII, and LAC 33:V Subpart 3 [Par…

A. Each operator must maintain and follow a written alcohol misuse plan that conforms to the requirements of this part and DOT procedures concerning alcohol testing programs. The plan shall contain methods and procedures for compliance with all the requirements of this Chapter, i…

A. Except as expressly provided in this Chapter, nothing in this Chapter shall be construed to affect the authority of operators, or the rights of employees, with respect to the use or possession of alcohol, including authority and rights with respect to alcohol testing and rehab…

A. Before performing an alcohol test under this Chapter, each operator shall notify a covered employee that the alcohol test is required by this Chapter. No operator shall falsely represent that a test is administered under this Chapter. [49 CFR 199.211]

A. Each operator shall prohibit a covered employee from reporting for duty or remaining on duty requiring the performance of covered functions while having an alcohol concentration of 0.04 or greater. No operator having actual knowledge that a covered employee has an alcohol conc…

A. Each operator shall prohibit a covered employee from using alcohol while performing covered functions. No operator having actual knowledge that a covered employee is using alcohol while performing covered functions shall permit the employee to perform or continue to perform co…

A. Each operator shall prohibit a covered employee from using alcohol within four hours prior to performing covered functions, or, if an employee is called to duty to respond to an emergency, within the time period after the employee has been notified to report for duty. No opera…

A. Each operator shall prohibit a covered employee who has actual knowledge of an accident in which his or her performance of covered functions has not been discounted by the operator as a contributing factor to the accident from using alcohol for eight hours following the accide…

A. Each operator shall require a covered employee to submit to a post-accident alcohol test required under §6525.A.1, a reasonable suspicion alcohol test required under §6525.A.2, or a follow-up alcohol test required under §6525.A.4. No operator shall permit an employee who refus…

A. Each operator shall conduct the following types of alcohol tests for the presence of alcohol. [49 CFR 199.225] 1. Post-Accident [49 CFR 199.225(a)] a. As soon as practicable following an accident, each operator must test each surviving covered employee for alcohol if that empl…

B. A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol, including any records pertaining to his or her alcohol tests. The operator shall promptly provide the records requested by the employee. Access to…

A. Each large operator (having more than 50 covered employees) must submit an annual MIS report to PHMSA of its alcohol testing results using the MIS form and instructions as required by 49 CFR part 40 (at § 40.26 and appendix H to part 40), not later than March 15 of each year f…

A. Except as required by law or expressly authorized or required in this Chapter, no employer shall release covered employee information that is contained in records required to be maintained in

A. Except as provided in §§6539-6543, no operator shall permit any covered employee to perform covered functions if the employee has engaged in conduct prohibited by §§6515 through 6523 or an alcohol misuse rule of another DOT agency. [49 CFR 199.233]

A. No operator shall permit a covered employee who has engaged in conduct prohibited by §§6515-6523 to perform covered functions unless the employee has met the requirements of

A. No operator shall permit a covered employee tested under the provisions of §6525, who is found to have an alcohol concentration of 0.02 or greater but less than 0.04, to perform or continue to perform covered functions, until: [49 CFR 199.237(a)] 1. the employee's alcohol conc…

A. General Requirements. Each operator shall provide educational materials that explain these alcohol misuse requirements and the operator's policies and procedures with respect to meeting those requirements. [49 CFR 199.239(a)] 1. The operator shall ensure that a copy of these m…

A. Each operator shall ensure that persons designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol testing under §6525.A.2 receive at least 60 minutes of training on the physical, behavioral, speech, and performance indicators …

A. Each covered employee who has engaged in conduct prohibited by §§6515-6523 of this Chapter shall be advised of the resources available to the covered employee in evaluating and resolving problems associated with the misuse of alcohol, including the names, addresses, and teleph…

A. With respect to those covered employees who are contractors or employed by a contractor, an operator may provide by contract that the alcohol testing, training and education required by this Chapter be carried out by the contractor provided: [49 CFR 199.245(a)] 1. the operator…

B. A notice of violation issued under this Section shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity: 1. the nature of the violation; 2. the remedial action required, which may include interim steps; 3. a r…

A. An authorized representative of the commissioner shall issue a notice of violation if on the basis of an inspection he finds a violation of the Act, these regulations, or any condition of a permit or an exploration or development operations approval imposed under the Act or th…

A.1. Except as provided in §6505.B, the commissioner shall issue an order to a permittee requiring him or her to show cause why his permit and right to mine under the Act should not be suspended or revoked, if the commissioner determines that a pattern of violations of any requir…