Louisiana Administrative Code

A. State Central Registry Checks for Owners 1. Prior to May 1, 2019, in accordance with R.S. 46:1414.1, all owners and operators affiliated with facility were required to have on file a state central registry clearance form from child welfare stating that the owners/operators wer…

NOTE: This Section has been moved from LAC 67:I.1713. A. A social study shall be completed for every expectant mother accepted for care by the maternity home. The social study shall be completed by a caseworker on the maternity home's staff or by a caseworker of the referring age…

NOTE: This Section has been moved from LAC 67:I.1715. A. Health Aspects 1. Responsibility for the health supervision of the maternity home shall be placed in a licensed physician or a group of licensed physicians appointed by the governing body. A physician shall approve written …

NOTE: This Section has been moved from LAC 67:I.1717. A. Maintenance 1. The building, grounds, and equipment shall be kept clean and in good repair. B. Location. Local zoning ordinances should be followed. C. Allocation of Space 1. The room assigned expectant mothers shall be cle…

A. All providers participating in the delivery of services covered under the Healthy Louisiana OUD/SUD Waiver shall adhere to all of the applicable federal and state regulations, policies, rules, manuals and laws.

A. MCOs and their contracted providers of OUD/SUD services under this demonstration project shall be required to provide data as outlined or requested by the Department of Health. B. Data shall be provided in the format and frequency specified by the department including any addi…

A. Qualifying Criteria. Effective for dates of service on or after April 15, 2013, the department shall provide supplemental Medicaid payments for outpatient hospital services rendered by non-state privately owned hospitals that meet the following conditions. 1. Qualifying Criter…

A. Payments to qualifying hospitals shall be made on a quarterly basis in accordance with 42 CFR 447.321. B. Effective for dates of service on or after April 15, 2013, a major teaching hospital that enters into a cooperative endeavor agreement with the Department of Health and Ho…

A. Effective for dates of service on or after December 1, 2015, the department, or its fiscal intermediary, shall make monthly capitation payments to the managed care organizations (MCOs). B. The capitation rates paid to the MCOs shall be actuarially sound rates and the MCOs will…

A. All persons indicated in the Act as parties to administrative review proceedings under the Act shall be considered statutory parties. Such statutory parties include: 1. in a civil penalty proceeding, the office as represented by the commissioner and any person against whom a p…

A. Unless the Act requires otherwise, hearings shall be held in a location established by the commissioner or his authorized representative; however, the commissioner or his authorized representative shall give due regard to the convenience of the parties or their representatives…

A. Any pleadings in a proceeding to be conducted or being conducted under these rules shall be filed by hand or by mail with the Office of Conservation, Surface Mining Section, 625 North Fourth Street, Baton Rouge, Louisiana. B. Any person filing pleadings or a notice of appeal w…

A. Any document filed with the commissioner in any proceeding brought under the Act shall be captioned with: 1. the names of the parties; 2. the name of the mine to which the document relates; and 3. if review is being sought under §925 of the Act, identification by number of any…

A. Any party initiating a proceeding under the Act shall serve copies of the initiating documents on the commissioner at the Office of Conservation, Surface Mining Section, 625 North Fourth Street, Baton Rouge, Louisiana. Any party or other person shall serve any other documents …

A. Any person, including a state, the office or OSM may petition for leave to intervene at any stage of a proceeding under the Act. B. A petitioner for leave to intervene shall incorporate in the petition a statement setting forth the interest of the petitioner and, where require…

A. Any party who initiated a proceeding before the commissioner may seek to withdraw by moving to dismiss at any stage of a proceeding and the commissioner or his authorized representative may grant such a motion.

A. Except for oral motions made in proceedings on the record, or where the commissioner or his authorized representative otherwise directs, each motion shall: 1. be in writing; and 2. contain a concise statement of supporting grounds. B. Unless the commissioner or his authorized …

A. When proceedings involving a common question of law or fact are pending before the commissioner or his authorized representatives, such proceedings are subject to consolidation pursuant to a motion by a party or at the initiative of the commissioner or his authorized represent…

A. Except in expedited review proceedings under §6803, at any time after commencement of a proceeding any party may move to advance the scheduling of a proceeding. B. Except as otherwise directed by the commissioner or his authorized representatives, any party filing a motion und…

A. Any person entitled to a hearing before the commissioner or his authorized representatives under the Act may waive such right in writing. Where parties are directed by any rule in these regulations to file a responsive pleading on or before a specified time, any party who fail…

A. Except where temporary relief is granted pursuant to §§925.C or 926.C of the Act, notices of violation and orders of cessation issued under the Act shall remain in effect during the pendency of review before the commissioner or his authorized representatives.

A. The commissioner or his authorized representatives shall preside over any hearing required by the Act to be conducted pursuant to the Act or to the Louisiana Administrative Procedure Act.

A. Under the regulations of this Chapter, the commissioner or his authorized representatives may: 1. administer oaths and affirmations; 2. issue subpoenas; 3. issue appropriate orders relating to discovery; 4. rule on procedural requests or similar matters; 5. hold conferences fo…

A. The commissioner or his authorized representatives shall give notice to the parties of the time, place and nature of any hearing. B. Except for expedited review proceedings and temporary relief proceedings where time is of the essence, notice given under this Section shall be …

A. At any time after a proceeding has begun, a party may move for summary decision of the whole or part of a case. B. The moving party under this Section shall verify any allegations of fact with supporting affidavits, unless the moving party is relying upon depositions, answers …

A. The commissioner or his authorized representatives shall allow the parties to a proceeding an opportunity to submit proposed findings of fact and conclusions of law together with a supporting brief at a time designated by the commissioner or his authorized representative.

A. An initial order or decision disposing of a case shall incorporate: 1. findings of fact and conclusions of law and the basis and reasons therefor on all the material issues of fact, law and discretion presented on the record; and 2. an order granting or denying relief.

A. An initial order or decision shall become final if that order or decision is not timely appealed.

A. Except in expedited review proceedings, within five days after the initial decision has been rendered the commissioner or his authorized representatives shall certify the official record of the proceedings, including all exhibits, and transmit the official record for filing in…

A. Parties may obtain discovery by one or more of the following methods: 1. depositions upon oral examination or upon written interrogatories; 2. written interrogatories; 3. production of documents or things or permission to enter upon land or other property, for inspection and o…

A. Following the initiation of a proceeding, the parties may initiate discovery at any time as long as it does not interfere with the conduct of the hearing.

B. The request may be served on any party without leave of the commissioner or his authorized representative. C. The request shall: 1. set forth the items to be inspected either by individual item or by category; 2. describe each item or category with reasonable particularity; an…

A. Unless the commissioner or his authorized representative upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that party is conducting discovery, whether by de…

A. A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to include information thereafter acquired, except as follows. 1. A party is under a duty to supplement timely his response with respect…

A. If a deponent fails to answer a question propounded, or a party upon whom a request is made pursuant to, or a party upon whom answers to interrogatories are served fails to adequately respond or objects to the request, or any part thereof, or fails to permit inspection as requ…

A. If a party or an officer, director or other agent of a party fails to obey an order to provide or permit discovery, the commissioner or his authorized representative before whom the action is pending may make such orders in regard to the failure as are just including but not l…

A. Any party desiring to take the testimony of any other party or other person by deposition upon oral examination or written questions shall, without leave of the commissioner or his authorized representative, give reasonable notice in writing to every other party, to the person…

A. At the hearing, any part or all of a deposition, so far as admissible, may be used against any party who was present or represented at the taking of the deposition, or who had reasonable notice thereof, in accordance with any of the following provisions: 1. any deposition may …

A. Any party may serve upon any other party written interrogatories to be answered in writing by the party served, or, if the party served is a public or private corporation, or a partnership, association or governmental agency, by any officer or agent, who shall furnish such inf…

A. Any party may serve on any other party a request to: 1. produce and permit the party making the request, or a person acting on his behalf, to inspect and copy any designated documents, or to inspect and copy, test or sample any tangible things within the scope of §6745 and whi…

A. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the genuineness and authenticity of any relevant document described in or attached to the request, or for the admission of the truth of any specified relevan…

B. Except in an expedited review proceeding under §6805, or in a suspension or revocation proceeding under §6817, a notice of appeal shall be filed with the commissioner on or before 30 days from the date of receipt of the order or decision sought to be reviewed, and the time for…

A. A petition for review of a proposed assessment of a civil penalty must be filed within 30 days of receipt of the proposed assessment; or B. if a timely request for a conference has been made, a petition for review must be filed within 15 days from service of notice by the conf…

A. The petition shall include: 1. a short and plain statement indicating the reasons why either the amount of the penalty or the fact of the violation is being contested; 2. if the amount of penalty is being contested based upon a misapplication of the civil penalty formula, a st…

A. The office shall have 30 days from receipt of a copy of the petition within which to file an answer to the petition with the commissioner.

A. Within 10 days of the filing of a petition under this Subchapter, petitioner may move the commissioner or his authorized representative to review the granting or denial of a waiver of the civil penalty formula. B. The motion shall contain a statement indicating all alleged fac…

A. In civil penalty proceedings the office shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion as to the fact of violation and as to the amount of the penalty.