Louisiana Administrative Code

A. Daily Routine 1. Activities for each day shall be scheduled in advance. Each day should be a structured one with specified times for work, school recre­ation, meals and other activities. 2. The daily schedule shall include a time for sleep which shall be no less than eight hou…

A. A child shall receive no fewer than three nutritionally balanced meals in a 24 hour period; these three meals shall meet the minimum standard requirements as set by the Unites States Department of Agriculture. A consulting nutritionist should be available. B. Regular meals sha…

A. A program of academic instruction shall be provided by teachers certified by the Louisiana Department of Education. They should be certified in special education. Children shall be required to attend except for medical or disciplinary reasons. B. Teachers should be employed by…

A. A child shall be provided at least a daily recreation hour outside unless prohibited by inclement weather or there is sufficient reason to believe the child is an escape risk. Recreation shall be provided indoors in the absence of outdoor recreation. B. Children with physical …

A. No child shall be deprived of the opportunity of religious counseling by a representative of his faith. B. No child shall be required to attend religious services; no disciplinary action shall be taken toward a child who refuses to attend such services.

A. Children may be required to participate in cleaning duties in areas used by them. B. Children shall not be allowed to clean areas not used by them, to perform personal services to staff, not be used to replace employed staff. C. Children shall be allowed to work in the area of…

A. Written rules of conduct prohibited within the facility and a schedule of appropriate disciplinary action to be taken for infractions shall be developed for each detention facility. They shall be made available for the detained children to read and for inspection by appropriat…

A. Under no condition shall the child's attorney, probation officer, social worker, or other involved professional be denied the right to visit the child except as prohibited by court order. B. Each detention facility shall develop written visitation policies which allow for reas…

A. Under no condition shall a child be denied mail from his/her parents or guardians, attorney, social worker, or other professional. Such in­coming mail shall not be opened by any employee except in the presence of the child receiving the mail to determine the presence of contra…

A. Children shall not have access to any sharp or dangerous instrument such a razors, knives, scissors, tools, and other instruments except as they may be used for a specific purpose. When not in use they shall be kept under lock in an area inaccessible to children. B. Drugs and …

A. Staff Composition 1. There shall be a competent staff of administrative, supervisory, and maintenance personnel sufficient in number to provide for safety and constant supervision of all children under care. 2. All personnel in direct contact with juveniles, regardless of the …

A. None of the personnel provisions in this standard shall be interpreted to disqualify any person now employed on regular basis in any juvenile detention center upon the effective date of ratification of these standards. 1. Detention Director. Any person whose full-time employme…

A. The duties, responsibilities, and authority of established positions in a detention facility shall be clearly defined in writing. B. The facility shall comply with all governmental regulatory requirements relating to employment and personnel practices.

A. The agency shall provide at least 40 hours of orientation for all new direct child-care staff prior to job assignment. The orientation shall provide training which relates to the specific job function for which the employee was hired as well as relating to the needs of the chi…

A. Written policy and procedure shall specify the lines of authority, responsibility, and accountability for the volunteer service program, if applicable. B. There shall be a staff member who is responsible for administering the volunteer services program. C. Volunteers who serve…

A. Site selection for new construction of juvenile detention centers. 1. The site selected for a juvenile detention center shall meet all requirements and/or have the approval of the Department of Health and Human Resources, local zoning boards, parish and municipal governing bod…

A. Design should be single-story buildings, not institutional or jail-like in appearance, and providing necessary security. All areas used by children, such as sleeping, eating and other activity areas, shall be restricted to the ground level. B. The facility should be designed t…

A. All materials used in construction of detention centers shall meet the requirements of the state building code, life safety code and other applicable codes. B. All construction materials used shall be fire-resistive. C. The exterior walls and roof shall be reinforced concrete,…

A. All areas in which detained children will be present shall be secure. The entire facility, including space not generally used by children, should be secure.

A. The purpose of this Chapter is to administer the Musical and Theatrical Production Income Tax Credit Program as established by R.S. 47:6034. B. The purpose of this program is to encourage development of the state as a leader in the live performance industry.

A. The program offers the following types of tax credits. 1. Base investment credit. A base investment credit may be granted for qualified production expenses made from investments in a state-certified musical or theatrical production; 2. Louisiana resident payroll credit. A Loui…

A. Terms not otherwise defined in this Chapter shall have the same meaning given to them in R.S. 47:6034, 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. Application and Expenditure Verification Report Fees 1. An application for a state-certified production or a state-certified infrastructure project shall be submitted to the department, including: a. all information required by R.S. 47:6034(E)(2)(a); b. an application fee of 0…

A. Eligible: 1. salary expenses directly relating to the development of a state certified production, with position titles including but not limited to: stagehands, crew, electricians. When determining eligibility, LED will consider job title, job description, staff resumes and a…

A. State-certified musical or theatrical productions receiving initial certification on or after July 1, 2017 shall be eligible for the following types of tax credits at the prevailing statutory rates, currently as follows. 1. Base Investment Credit a. If the total base investmen…

A. Prior to claiming a tax credit on any tax return, or transferring any tax credit, a person must apply for and obtain final certification. B. After receiving final certification, a person may transfer the credit as follows. 1. Only one transfer is allowed. 2. The credit, and/or…

A. Reimbursement for all Louisiana Medicaid recipients who receive outpatient services in an out-of-state hospital, including those recipients up to the age of 21, shall be calculated as follows: 1. Outpatient services provided in out-of-state hospitals that are subject to a fee …

A. MCOs and their contracted IMD providers shall ensure that reimbursement for services covered under the Healthy Louisiana OUD/SUD Waiver is requested and paid only for those recipients who meet the eligibility criteria and for whom services were rendered: 1. providers/IMDs shal…

A. End stage renal disease (ESRD) facilities are reimbursed a hemodialysis composite rate. The composite rate is a comprehensive payment for the complete hemodialysis treatment in which the facility assumes responsibility for providing all medically necessary routine dialysis ser…

A. For Medicare Part B claims, ESRD facilities are reimbursed for full co-insurance and deductibles. B. The Medicare payment plus the amount of the Medicaid payment (if any) shall be considered to be payment in full for the service. The recipient does not have any legal liability…

A. For recipients enrolled in one of the MCOs, the department or its fiscal intermediary shall make monthly capitation payments to the MCOs inclusive of coverage for the provision of residential and inpatient substance use services for recipients. The capitation rates paid to the…

A. Each LNG facility designed, constructed, replaced, relocated or significantly altered after March 31, 2000 must be provided with siting requirements in accordance with the requirements of this part and of NFPA-59A-2001 (incorporated by reference, see LAC 43:XIII.6713). In the …

A. Each LNG container and LNG transfer system must have a thermal exclusion zone in accordance with section 2.2.3.2 of NFPA-59A-2001 (incorporated by reference, see LAC 43:XIII.6713) with the following exceptions. 1. The thermal radiation distances must be calculated using Gas Te…

A. Each LNG container and LNG transfer system must have a dispersion exclusion zone in accordance with sections 2.2.3.3 and 2.2.3.4 of NFPA-59A-2001 (incorporated by reference, see §6713) with the following exceptions. 1. Flammable vapor-gas dispersion distances must be determine…

A. LNG facilities must be designed to withstand without loss of structural or functional integrity: 1. the direct effect of wind forces; [49 CFR 193.2067(a)(1)] 2. the pressure differential between the interior and exterior of a confining, or partially confining, structure; and […

A. The purpose of these "Accompanying Guidelines to the Civil Penalty Assessment Rule" (Chapter 7 of this Part) are as follows. 1. This rule is intended to provide guidance for Safe Drinking Water Program staff in making recommendations to the state health officer regarding the e…

A. Pursuant to §505.B and D of the "Civil Penalty Assessment Rule (Chapter 5 of this Part), the following penalty assessment levels shall apply towards the seriousness of the violation (public health risk) for the various classifications of violations described in §707.A of the "…

A. Pursuant to §505.B and D of the "Civil Penalty Assessment Rule" (Chapter 5 of this Part), the following penalty assessment levels shall apply towards the culpability (the level of blame for the occurrence and/or continuance of a violation including factors such as attitude as …

A. The various types of violations which can occur are classified into three levels of seriousness based upon their public health risk. The three levels of seriousness are defined as follows. 1. Imminent threat type violations are defined as those violations considered to be of a…

A. Section 507.C of the "Civil Penalty Assessment Rule" (Chapter 5 of this Part) allows the state health officer to mitigate penalties that have been imposed generally either upon proof that all of the provisions in the administrative compliance order have now been complied with …

A. Definitions. For purposes of Chapter 7, the following definitions apply. Annual Benefit⎯a benefit that is payable annually in the form of a straight life annuity. Defined Benefit Dollar Limitation⎯effective for limitation years ending after December 31, 2001, $160,000, automat…

A. As provided in R.S. 11:1445(G): 1. distributee, eligible retirement plan and eligible rollover distribution shall be defined in provisions adopted by the board pursuant to R.S. 11:1457; 2. an eligible rollover distribution shall be transferred in a direct rollover to an eligib…

A. As provided in R.S. 11:1455(B), payment may be made directly by the member or may be made on the member’s behalf: 1. in a single sum payment by an individual retirement account; or 2. annuity; or 3. by a plan qualified under IRC §§401(a), 403(a), 403(b), or 457(g).

A. When two or more adjudications involving common issues of law or fact are separately pending before DAL, the administrative law judge, may upon his/her own motion or that of any party, at any time prior to the adjudicatory hearing, order the consolidation of the matters or ord…

A. A non-party seeking to intervene shall file a motion stating the specific grounds for the intervention. An administrative law judge may, upon contradictory hearing, permit the intervention of a non-party as permitted by law. To avoid undue delay or prejudice to the original pa…

A. Except where otherwise prohibited by law, a continuance may be granted in any case for good cause shown. Motions for continuance, when made prior to the date and time of the noticed hearing, shall be in writing and transmitted in accordance with Rule 511. Continuances may be r…

A. An administrative law judge, upon his/her own motion, or upon motion of any party, may direct the parties or their representatives to engage in a prehearing conference. The administrative law judge shall set the time and place for a prehearing conference, and shall give reason…