Louisiana Administrative Code

A. For use in these regulations, the following terms are defined. Beer―(as used in these regulations) beer, porter, ale, or any malt beverage obtained by alcoholic fermentation of an infusion, or concoction of barley, or other grain, malt and hops in water. Cash Basis Order―the o…

A. The sale of beer by a wholesale dealer to a retail dealer shall be made only for cash. Any maneuver, device, or shift of any kind by either wholesaler or retailer, whereby credit is extended or obtained, is a violation of the Beer Cash Law. B. Only retail beer dealers operatin…

A. All checks accepted by the wholesale dealers from retail beer dealers shall be deposited or presented for payment by the wholesale dealer not later than the next banking day following the receipt of the check from the retail dealer. B. Failure to timely deposit or present for …

A. Whenever a check accepted by a wholesaler from a retailer is not honored by the drawee bank for any reason whatsoever, the wholesaler shall furnish the commissioner a written notice of this failure on a form prescribed by the commissioner, which notice shall be mailed to the c…

A. Any of the following when committed by a wholesale dealer shall be considered a violation of R.S. 26:741, the Cash Sales of Beer Law: 1. to use any maneuver, device or shift of any kind whereby credit is extended or payment is delayed for beer sold to a retailer; 2. failure to…

A. Any of the following, when committed by a retail dealer, shall be considered a violation of R.S. 26:741, the Beer Cash Law: 1. failure to pay the full cash consideration for the purchase of beer not later than at the time of delivery of said beer, or, to use any maneuver, devi…

A. The commissioner's notice to dealers of violations and/or hearings will be directed to the dealer at the address shown on the dealer's permit and may be sent by mail, or, in writing to be delivered to the dealer by the commissioner's agent. B. The notice shall be marked to sho…

A. Dealers shall be sent a notice of hearings on violations which involve the suspension of his permit so as to afford the dealer an opportunity to be present and to offer any evidence or argument on his behalf in connection with those violations. B. If the dealers do not attend …

A. The license of any wholesale beer dealer, who continues to engage in the business subject of his beer license while under suspension for violation of the Cash Sales of Beer Law, shall be suspended for a period of 30 days, or may be revoked as a violation of the Beer Cash Law a…

A. These regulations are issued to implement R.S. 26:741, the Beer Cash Law, to provide an administrative vehicle by which effective administration may be accomplished so as to give clarity and understanding to those provisions. B. It is the intention of these regulations to give…

A. It is the declared policy of the Office of Financial Institutions to provide for the licensing and regulation of Louisiana corporations as business and industrial development corporations authorized by Act 506 of the 1991 Louisiana Legislature, which will aid in the increasing…

A. This Chapter contains definitions which supplement the definitions provided for in the Louisiana Business and Industrial Development Act, R.S. 51:2386 et seq. Applicant―a Louisiana corporation organized under an incorporating statute which applies to the commissioner for a lic…

A. Application and Contents. The application shall be in such form and contain such information as the commissioner may from time-to-time prescribe. The commissioner may refuse to accept an application for filing until the applicants have submitted all required information. The a…

A. The board of directors for each BIDCO licensed by the commissioner shall annually make a report of examination of the financial condition of the BIDCO and its subsidiaries. They may make said examination by employing an independent certified public accountant, their respective…

A. The application shall contain the following specific information: 1. name of applicant; 2. date of application; 3. address of applicant; 4. Louisiana corporate certification number and certified copies of the articles of incorporation and initial report filed with the Louisian…

A. If an applicant desires to participate in a program of the Small Business Administration, (SBA), or the commissioner determines that an application indicates that an applicant’s participation in such program will comprise a significant portion of the applicant’s business plan,…

A. Byway designations do not have to be contiguous. A specific segment of an existing or proposed Louisiana byway may be excluded from the Louisiana byway system upon the recommendation to, and determination by, the secretary of the Department of Culture, Recreation and Tourism (…

A. The following rules shall be a part and condition of the contract between owner and designer, herein referred to as the "contract."

Available Funds for Construction (AFC)—the budgeted amount of funds, established by the owner prior to bidding, available for awarding the construction contract(s). Consultants—individuals or organizations engaged by the owner or the designer to provide professional consultant se…

A. The AFC, as defined by §103, shall be stated in the contract between owner and designer. B. The designer shall be responsible for designing the project so that the base bid does not exceed the AFC. The use of any alternate bids must be pre-approved by the owner. The owner will…

A. The fee for basic services to be paid to the designer shall be as follows. 1. The fee for basic services, shall be calculated as the product of the fee percentage, adjusted for inflation, and the Available Funds for Construction (AFC), adjusted for inflation. The fee percentag…

A. Payments on account of designer's services shall be made as follows. 1. Basic Services a. Upon satisfactory completion of all basic services for each phase, submission of all documents to the owner and upon the owner's and user's approval of same, which approval shall not be a…

A. Records of direct reimbursable expenses and expenses pertaining to additional services on the project, and for services performed on the basis of multiplier times direct personnel expense, shall be kept on the basis of generally accepted accounting principles and shall be furn…

A. The contract between owner and designer may be terminated by either party upon 30 days’ written notice to the other party, should said other party fail to perform in accordance with its terms, through no fault of the terminating party, or the contract may be terminated by mutu…

A. If any work designed or specified by the designer is abandoned or suspended in whole or part by the owner, the designer is to be paid for the services rendered up to receipt of written notice from the owner, as follows. 1. If the abandonment or suspension occurs at the complet…

A. Per R.S. 38:2317, any and all plans, designs, specifications, or other construction documents resulting from professional services paid for by the owner shall remain the property of the owner whether the project for which they were prepared was constructed or not. If a project…

A. Insurance. Prior to the signing of the contract between owner and the designer, the designer shall furnish to the owner proof of coverage for the following. 1. Insurance. Professional liability insurance shall be required as per the owner's requirements on a project by project…

A. R.S. 40:1722 establishes the Louisiana building code and directs that the following codes be established as the standards as minimum standards for this code. These codes shall be established as constituting the code in the editions indicated: 1. the Life Safety Code, standard …

A. This rule applies to the repair, renovation or reconstruction of any state-owned building that is listed on the National Register of Historic Places or any state-owned building which is eligible to be included on this register. When required, eligibility shall be determined by…

A. The name of this process shall be the "design-build selection process" also referred to hereinafter as "process."

A. The process shall be established in accordance with RS 38:2225.2.1.

A. The purpose of this Subchapter shall be to provide for the selection of entities to provide design/build construction services in which the design and construction phases are combined.

A. The following public agencies may utilize the design-build method in the construction or repair of any public building or structure which has been destroyed or damaged by Hurricanes Katrina, Rita or both: the Division of Administration, the Recovery School District, the City o…

A. For the purposes of this Rule certain terms shall have the following meanings. All required licenses for each component shall be obtained prior to the award of the project to the selected entity. Architect—the entity contractually responsible for delivering the project design …

A. Each design-builder shall have the following rights and powers. 1. The design-builder may sublet responsibility for professional design services to an individual, firm, or corporation duly licensed and registered in the state of Louisiana to provide professional design service…

A. A two stage process shall be used to select the design-builder. The two stages are: 1. request for qualifications stage; 2. technical proposals stage.

A. A public announcement shall be made to solicit letters of interest for a design-build project. The announcement shall be distributed through advertisement in publications that will insure adequate competition and opportunities for qualified entities. These shall include at a m…

A. The public agency shall provide a request for a qualifications package to design-builders who submit a letter of interest. The qualifications package shall include the technical proposal as defined in §185 including the intention of awarding a stipend. All required information…

A. A qualifications evaluation committee shall evaluate the responses to the request for qualifications package received by the public agency. The qualifications evaluation committee shall consist of a minimum of three members designated by the Director of Facility Planning and C…

A. The following general criteria used by the qualifications evaluation committee in evaluating responses to the request for qualifications package for design-build services shall apply to both the design and construction components of any responding entity. 1. Professional train…

A. The qualifications evaluation committee shall select a short list of not fewer than three of the highest rated entities; however, if fewer than three responses are received, the head of the public agency may approve proceeding with the evaluation process. The qualifications ev…

A. The entities included on the short list shall be notified of their selection and invited to submit a detailed technical proposal for the design-build project. The specific requirements of the technical proposal shall be identified by the agency to the entities included in the …

A. Generally the scope of services package shall define the scope of work or architectural program. The scope of services package shall also define the response including the format and the required information including, but not limited to, the following: 1. statement of purpose…

A. Generally, the technical proposal shall include, but not be limited to, the following: 1. discussion of the entity's understanding of the scope of services; 2. discussion of the entity's understanding of the scope of work or architectural program; 3. discussion of design strat…

A. For more complex projects and projects with scopes which permit flexibility and innovation in the design approach, the agency shall compensate unsuccessful and responsive short-listed entities for the expense of preparing the technical proposal. The determination of whether or…

A. The Director of Facility Planning and Control for projects administered by that agency or the equivalent agency head for other agencies shall establish a technical review committee for evaluation of design-build proposals. The technical review committee shall consist of at lea…

A. An adjusted score approach shall be used by the public agency in determining the winning proposal. An adjusted score shall be determined using the following components: 1. the technical score determined by the technical review committee. Weighing factors may be assigned to eac…

A. Design-builders who have submitted bona fide proposals may, within seven days of the announcement of the technical scores, challenge the scores based on any of the foregoing reasons, and only those reasons, by submitting a letter to the head of the public agency describing in …

A. Once the design-builder has been chosen and a contract for a stipulated schedule and sum certain price executed, the price of the design-build contract shall not be increased other than for inflation as prescribed in the contract and for site or other conditions of which the d…

A. The department is authorized to utilize cash management on multi-fiscal year projects which exceed the contract limit established in R.S. 48:251. The department is authorized to allocate only sufficient appropriated funds in any fiscal year to pay for anticipated actual contra…