Louisiana Administrative Code

A. In accordance with R.S. 44:39 and 44:415, agencies who wish to convert records from analog format to electronic format and destroy the original analog records must obtain prior written approval from the state archivist, agree to comply with the document conversion standards es…

A. When converting analog records to electronic format, agencies must ensure imaging processes are defensible. The agency must be able to demonstrate: 1. the imaging of the records does not expose the agency to any undue risk; 2. the electronic version of the record is a true and…

A. Agencies must maintain the following records in their original analog format after conversion to electronic format: 1. records that are required by federal or state statutes or regulations to be maintained in their original, physical format; 2. records that are not listed on t…

A. Agencies may dispose of the original source records after the records are converted to electronic format provided: 1. the agency has met the requirements of §1306 and §1307; and 2. the agency has submitted Form SS ARC 930 (Request for Authority to Dispose of Records) to the Lo…

A. In accordance with R.S. 44:39 and 44:411, agencies must establish and maintain a program for the maintenance, access, use, security, and preservation of the records in its custody. B. Agencies must ensure they can locate, retrieve, access, and use the electronic records for th…

A. An email is classified into a record series based on its content not its format. Email should not be treated as a single records series for retention scheduling purposes. Email should be incorporated into existing records series maintained by an agency. B. An email must be mai…

A. Agencies are encouraged not to maintain emails that are transitory records or non-records. Agencies may delete them immediately without obtaining approval from the state archivist. 1. Transitory records. Transitory records are records that have limited or no administrative val…

A. It is the responsibility of the user of the email system to manage email messages according to their agency's retention schedule. 1. Names of sender, recipient, date/time of the message, as well as any attachments must be retained with the message. B. When an email is sent to …

A. Each agency should adopt and disseminate to the employees the agency policy governing the proper use of email, messaging, and collaborative software. The policy should: 1. define official use and set limits on personal use of agency email, messaging, and collaborative software…

A. Agencies may use records management application (RMA) software to manage records in digital form. RMA software categorizes and locates records and identifies records that are due for disposition. RMA software also stores, retrieves, and disposes of the electronic records that …

A. The Department of Agriculture and Forestry adopts these regulations under the authority of R.S. 3:4741 et seq. for the purposes of regulating and enforcing the truthfulness in labeling agricultural products and to prohibit the misbranding or misrepresentation of food products.

A. The provisions of R.S. 3:4741 through 4746, relating to definitions, words, and terms are hereby incorporated by reference and made a part hereof and will therefore apply and govern the interpretation of these rules, unless the context otherwise requires or unless specifically…

A. The provisions of this Chapter shall apply only to persons who place a label on retail food products sold or offered for sale.

A. All food products in package form shall bear a printed or stenciled label that clearly and accurately indicates the actual contents of the food product on the principal display panel. B. If the label of a food product includes the name of a food product or agricultural product…

A. Except as otherwise provided herein, no person shall: 1. misbrand or misrepresent any food product as a covered agricultural product; 2. affix a label to any food product that is false or misleading; 3. Represent a food product as meat or a meat product unless the food product…

A. The department may receive complaints regarding violations of this Chapter. Complaints may be directed to the department’s Weights and Measures division. B. Upon receipt of a complaint, the Department may investigate the alleged violation. C. The department may also investigat…

A. Whenever the department has reason to believe that a violation of this Chapter or the Act has occurred, the department may present the alleged violations at an adjudicatory hearing before the Weights and Measures Commission. B. The department shall notify the respondent of the…

A. A person who violates any provision of this Chapter or the Act shall be subject to a civil penalty of not more than $500 for each violation. B. Each day on which a violation occurs shall constitute a separate offense. C. Penalties may be assessed only by a ruling of the commis…

A. The Turnkey Mortgage Origination Program is designed to provide citizens of the state of Louisiana additional opportunities to obtain funds for down payment and closing costs toward the purchase of single family homes in the state.

A. Notwithstanding the definitions set forth in LAC 16:I.301, the following terms, when used in this Chapter, are defined as follows. Annual Family Income―the gross annual income, from all sources and before taxes or withholding, of all members of a family living in a housing uni…

A. Borrowers will be determined to be eligible for assistance if they meet the following criteria. 1. The applicant is seeking assistance towards the purchase of a housing unit in the state, whether purchasing as a first time homebuyer or a non-first time homebuyer. 2. The applic…

A. An application for a mortgage loan shall be processed by a lending institution on behalf of the agency on the basis of the agency's evaluation criteria. The lending institution shall undertake its own due diligence and other matters as may be determined to be appropriate to in…

A. The interest rates charged by the lending institution for a borrowers mortgage loan shall be monitored and adjusted as needed based on the current market rates.

A. Down payment assistance will be available at loan closing by the mortgage lender. 1. The maximum down payment assistance is 5 percent. 2. Borrowers will pay a 1 percent origination fee and 1 percent discount point. B. The assistance will be in the form of a non-repayable grant…

A. By authority delegated to the commissioner in R.S.51:709(15) to promulgate rules thereunder, a security or transaction described in Subsection B is determined to be exempt from the registration requirements of R.S.51:705. B. Offers or sales of a security by an issuer pursuant …

A. The LHC MCC Program is designed to assist citizens of the state of Louisiana that: 1. are first time homebuyers or persons who have not owned a principal residence in the past three years; 2. are purchasing a residence in certain areas of the state, called “targeted areas;” 3.…

A. Notwithstanding the definitions set forth in the LAC 16:I.301, the following terms, when used in this Chapter, are defined as follows. Annual Family Income⎯annual income from all sources before taxes or withholding of all members of the family living in the housing unit. Famil…

A. Borrowers will be determined to be eligible to participate in the LHC MCC Program if they meet the following criteria. 1. The borrower is a first time home buyer or has not owned a principal residence in the past three years, or is purchasing in a targeted area. 2. Household a…

A. An application for a LHC MCC shall be processed by the Louisiana Housing Corporation. Borrowers may apply through any LHC approved lender. The lending institution shall undertake its own due diligence and other matters as may be determined to be appropriate to insure that the …

A. Borrowers will pay a 1 percent origination fee to the LHC for the issuance of an LHC MCC and a $75 compliance fee. B. Lenders will be allowed to charge up to $500 per MCC application. C. Maximum loan amount is based upon applicable program guidelines (i.e. conventional, FHA, V…

A. The following identified agencies may sponsor and participate in 403(b) plans for the benefit of their qualified education employees through payroll deductions and services afforded by the ISIS Human Resource System: 1. Board of Supervisors for the University of Louisiana Syst…

Additional Fees and Charges―those fees and charges which are not specifically authorized by the LCCL but, as determined by the commissioner, are considered not to be inconsistent with the provisions thereof. Creditor―a person who is a licensed lender as defined in R.S. 9:3516(22)…

A. A creditor extending credit under the LCCL shall petition the commissioner for authority to assess an additional fee or charge which is not inconsistent with the provisions thereof. B. A petition shall include an explanation as to why a creditor believes the fee or charge is w…

A. When a creditor petitions the commissioner to request approval of an additional fee or charge in accordance with this rule, a notice may be published in the Louisiana Register that such petition has been received by the commissioner. The notice shall apprise the public that a …

A. In accordance with the provisions of part I of chapter II of title 3 of the Louisiana Revised Statutes of 1950, the following qualifications herein are prescribed for approving plant breeders for growing and/or supervising the growing of breeder, foundation and/or registered a…

Agricultural Seeds―the seeds and/or propagation materials of grain, forage, cereal, fibre and nut crops and any other crops commonly recognized within the state as horticultural and agricultural field crops. Approved Plant Breeder―a person qualified in accordance with the require…

A. The supervision of an approved plant breeder is required for the growing of breeder seed according to the requirements of the rules and regulations of the Association of Seed Certifying Agencies. B. Any individual, firm or corporation desiring to be granted the status of a com…

C. Applicants for a certificate qualifying under Paragraphs 1, 2, 3 and 4 of §907 shall supply with their application a copy of his college or university transcript; and in the cases of Paragraphs 2, 3 and 4, affidavits supporting the experience requirements indicated under Parag…

A. Persons desiring to obtain a certificate as an approved plant breeder shall make application to the commission on a form supplied by the state entomologist. B. Applicants must qualify under the eligibility requirements set forth in

A. Applicants to qualify for certification as plant breeders under §907.A.4, must pass a satisfactory examination, which may be either written or oral, or both, on the principles of plant breeding with special emphasis on the development of new varieties or strains of horticultur…

A. The issuance of certificates of approved plant breeders shall be by the commission after reviewing evidence of the commissioner that the requirements set forth in §909 have been complied with, or by the commissioner with the approval of the commission. B. Certificates of recog…

Bond for Deed―a contract to sell real property, in which the purchase price is to be paid by the buyer to the seller in installments and in which the seller, after payment of a stipulated sum, agrees to deliver title to the buyer. Buyer―a prospective transferee of title to real p…

A. No person, other than a financial institution or other person subject to the general supervision or regulation of the commissioner pursuant to Title 6 or Title 9 of the Louisiana Revised Statutes of 1950, as amended, shall engage in business as a bond for deed escrow agent, un…

A. Applications for licensure shall be in such form and contain such information as the commissioner may from time to time prescribe. Application forms may be obtained from the Office of Financial Institutions. The application shall contain a public section and a confidential sec…

A. No person shall engage in business as a bond for deed escrow agent without first providing evidence to the commissioner that an escrow deposit account has been established for the sole purpose of receiving the proceeds of monthly payments paid to the licensee by a buyer. The e…

A. No person shall engage in business as a bond for deed escrow agent without having first issued, in favor of the Office of Financial Institutions, an irrevocable letter of credit in an amount to be determined by the commissioner, but in no event less than $10,000, which letter …

A. A bond for deed escrow agent required to be licensed under this Chapter shall maintain in his/her office such books, records and accounts as are reasonably necessary to allow the commissioner to determine whether such bond for deed escrow agent is complying with the provisions…

A. Each licensee must report any significant developments immediately to the commissioner, including but not limited to: 1. the filing of any bankruptcy petitions by the licensee; 2. the indictment or conviction of a felony by any sole proprietor, partner, director, officer, prin…

A. After the licensee has been given notice and an opportunity to be heard, the commissioner may suspend or revoke the license of a bond for deed escrow agent in accordance with R.S. 6:121.1, 6:122 and/or any other relevant provision of law, whenever it has been established that …

A. In addition to the enforcement powers specifically conferred upon the commissioner by other laws, the commissioner shall have such regulatory, investigative, and enforcement authority conferred upon him, through the Office of Financial Institutions, pursuant to all other enfor…