Louisiana Administrative Code

A. Any documents or portions thereof incorporated by reference in this Part are included in this Part as though set out in full. When only a portion of a document is referenced, the remainder is not incorporated in this Part. B. To the extent consistent with this regulation, all …

A. General. Abbreviations and special terms used in this Regulation are explained in the Glossary. [See also, LCMJ Article 1, 10 U.S. Code Section 101, 32 U.S. Code Section 101, and Rules for Courts-Martial (R.C.M.) 103 for definitions of terms used therein.] If a term is not ade…

A. The proper documentation of violations is an essential part of the enforcement process. When an establishment is inspected and violations of the code are found, they shall be noted either on a notice of violation(s) form or letter. The sanitarian, engineer or other representat…

A. The body of any animal or fowl dead of any disease, killed on account of a diseased condition, or killed by accident, shall be buried, incinerated, rendered into tankage, or otherwise disposed of in such a manner as not to constitute a nuisance or hazard to the public health.

A. State Judge Advocate. The State Judge Advocate (SJA) is responsible for the overall supervision and administration of military justice within the Louisiana National Guard. The State Judge Advocate is also the legal advisor to The Adjutant General (TAG) and the Governor in thei…

A. Enough potable water under pressure to supply a minimum of 50 gallons per person per day shall be provided for drinking, cooking and washing purposes. Water supplied to hotels, lodging houses and boarding houses shall conform to the requirements of Part XII of this Code. B. [F…

A. This order applies to all coal exploration, development operations and surface coal mining and reclamation operations, except: 1. the extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by the landowner. Noncommercial use does not i…

A. In those cases in which the state health officer or his/her representative determines that a violation has occurred and a decision is made to issue a notice of violation, the notice of violation form or letter which list the violation(s) shall: 1. be left with the operator, ow…

A. There shall be no deviation from Part XIII except after authorization by the commissioner. If hardship results from application of any provisions, rules, standards, and specifications herein prescribed because of special facts, application may be made to the commissioner to wa…

A. Two types of drinking utensils are acceptable: single-service and multi-use. Single-service utensils are preferable. Multi-use utensils are acceptable, so long as they are washed, rinsed and sanitized between uses in accordance with Part XXIII of this Code. B. [Formerly paragr…

A. Any person may petition the commissioner to initiate a proceeding for the issuance, amendment or repeal of any regulation under the Act. The petition shall be submitted to the central office of the Office of Conservation in Baton Rouge. B. The petition shall be a concise state…

A. Whenever any provision of law or of this Code requires or authorizes service of a letter, notice, order, or other document to be made upon a person, then, in addition to any other method authorized by this code for such service, the following shall constitute good and valid se…

A. For the purpose of keeping the provisions, rules, standards, and specifications of this regulation effective, any persons subject to this regulation, either individually or collectively, shall file an application setting forth such recommended changes in rules, standards, or s…

A. Hotels, lodging houses, and boarding houses shall furnish each guest with clean bed linen and individual towels in each room occupied by such guest, and also in the public lavatories and wash rooms of such places. Clean sheets and pillow slips shall be provided for the bed, bu…

A. All persons subject to this regulation shall maintain records, such as plans, programs, specifications, maps and permits, necessary to establish compliance with this regulation. Such records shall be available for inspection at all times by the commissioner. B. Every person wh…

A. A person who intends to initiate a civil action on his or her own behalf under §920 of the Act shall give notice of intent to do so, in accordance with this Section. B. Notice shall be given by certified mail to the secretary, the director, and the commissioner in all cases. A…

A. If reinspection discloses that the violation(s) specified in the notice of violation has not been remedied, the state health officer or his/her representative may issue a compliance order requiring correction of the violation(s) after said compliance order is served, or take w…

A. Records required by the Act to be made available to the public shall be retained at the Office of Conservation.

A. Pursuant to the provisions of R.S. 40:4, R.S. 40:5 and R.S. 40:6, the state health officer acting through the Office of Public Health, for violation(s) of a compliance order may: 1. suspend or revoke an existing license or permit; 2. seek injunctive relief as provided for in R…

A. Eating and/or beverage facilities shall obtain a separate permit from the state health officer, having shown themselves to be in compliance with the appropriate Parts of this Code, viz. XII, XIII, XIV and XXIII.

A. Swimming facilities shall meet the requirements of Part XXIV of this Code.

A. Except as otherwise provided, computation of time under these regulations is based on calendar days. B. In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Satu…

A. Approved toilet and sewage disposal facilities shall be provided. Toilets, toilet rooms, and methods of sewage disposal shall conform to the requirements of Parts XIII and XIV of this Code.

A. Garbage shall be deposited in watertight containers and either covered at all times or otherwise protected from animals, flies, and other insects. The contents shall be removed as often as necessary to prevent decomposition and overflow, and disposed of in accordance with the …

A. No permit, certificate, or license required by this code shall be issued by the state health officer or the Louisiana Department of Health, Office of Public Health (LDH-OPH) unless the applicant provides both a valid, current mailing and e-mail address at which the applicant c…

A. The requirements of Part I, §117 and Part II, §501 shall be met.

A. No person shall rent, let, hire out, or allow to be used for a place of sleeping or residence, any portion or apartment of any building, wherein the floor is damp by reason of water from the ground, or which is impregnated or penetrated by an offensive gas or smell prejudicial…

A. The state health officer has the authority and discretion to issue a written variance concerning the application of any provision of the code in any particular case when, in his/her opinion based upon the extenuating circumstances presented, it is determined that the health an…

A. When ice is provided, it shall be of the same bacteriological quality as approved drinking water and shall be handled in compliance with §1907 of Part XXIII of this Code.

A. When the state health officer chooses to utilize the administrative order/civil penalty authority granted within R.S. 40:5.9 relative to violations applicable to public water systems, the regulations which implement the enforcement provisions of this law are embodied within Ch…

A. The walls, ceilings and floors throughout any hotel, lodging house or boarding house shall be kept clean, insect and rodent free (meeting the requirements of Part V of this Code) and in good repair.

A. Any violation of R.S. 40:5.5.4 shall constitute a violation of this Code. The state health officer acting through the Office of Public Health shall issue fines for violations of R.S. 40:5.5.4 as follows: 1. for a first offense, a fine of $500 per violation. The state health of…

A. Sleeping rooms shall be ventilated by natural or artificial means or both, and also provided with heating facilities. The combustion chambers of all heaters, heating systems, and other fired equipment shall be vented to the atmosphere. Other parts of the heating, cooling, and …

A. All rooms shall be provided with adequate illumination to provide: 1. minimum of 10 foot-candles in stairways and halls at an elevation 30 inches above the floor; and 2. a minimum of 30 foot-candles over the areas used for sleeping, reading, cooking and bathing.

A. It shall be the duty of the proprietor or person in charge of each establishment to which this Part applies to see that all regulations herein are observed. B. [Formerly paragraph 15:021-2] The proprietors of all hotels, lodging houses and boarding houses shall keep a record o…

A. The Office of Group Benefits operates pursuant to R.S. 42:801 et seq. OGB is responsible for the general administration and management of all aspects of programs of benefits as authorized or provided for under the provisions of this Chapter.

A. OGB Plan and Plan Administrator. The OGB Plan is the program of benefits offered by or through OGB. OGB may offer a variety of self-funded or insured plans of benefits. B. Other Plans: Plan Insurer and Plan Administrator. To the extent any governmental and administrative subdi…

A. Pursuant to the provisions of R.S. 11:2256(B)(1)(a)(i), the surviving spouse of any active contributing member of the system who is killed in the line of duty, is authorized to be paid, on a monthly basis, an annual benefit equal to two-thirds of the deceased member's average …

A. To be effective as to the Louisiana Sheriffs’ Pension and Relief Fund, any court order or judgment issued upon or after the termination of a community property regime which order or judgment recognizes the community interest of a spouse or a former spouse of a member or retire…

A. In accordance with the provisions of R.S. 51:941-945 and the provisions of the Administrative Procedure Act, R.S. 49:950-970 as amended, Louisiana Economic Development's Small and Emerging Business Development Program administers these regulations which are intended to prescri…

A. Every applicant for, and enrollee of, Medicaid Program benefits has the right to appeal an agency action or decision, and has the right to request a fair hearing in the presence of an impartial hearing officer. 1. Action—a termination, suspension or reduction of Medicaid eligi…

A. These regulations establish requirements and procedures for permitting, enforcement, monitoring, and surveillance, and spill control activities of the Department of Environmental Quality.

A. The Department of Health, Bureau of Health Services Financing implemented the Program of All Inclusive Care for the Elderly (PACE) in accordance with federal regulations at 42 CFR 460 et seq. These regulations set forth: 1. the requirements that an entity must meet to be appro…

A. Analysis of lime samples shall be conducted in accordance with methods published by the Association of Official Analytical Chemists or in accordance with other generally recognized methods. B. Liming material that, upon official analysis, is found to be deficient by 5 percent …

A. The Department of Economic Development, through its designee or its staff, shall administer these regulations for the Louisiana Initiative for Veteran and Service-Connected Disabled Veteran-Owned Small Entrepreneurships Certification Program, which are intended to prescribe th…

A. The principal offices of the board shall be at the Louisiana Department of Economic Development, Office of Commerce and Industry, located at One Maritime Plaza, Baton Rouge, LA, or at such other place as the board may determine.

A. Applied behavior analysis-based (ABA) therapy is the design, implementation, and evaluation of environmental modification using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including the direct observation, measurement, and…

A. At least 24 hours prior to the meeting, the Wildlife and Fisheries Commission shall post the following at wlf.louisiana.gov: 1. meeting notice and agenda; and 2. detailed information regarding how members of the public may: a. participate in the meeting via electronic means, i…

Less Care by Others⎯the ability of the client to use a minimum of assistance to take care of personal needs. Rehabilitation⎯a program to prevent further impairment of physical deformity and malfunction, and enable significantly increased ability of the individual to require less …

A. Definitions. As provided under R.S. 11:1402(6), effective for limitation years beginning on or after July 1, 2007, compensation is hereby defined as follows. Compensation⎯the regular pay of the member, not including any overtime or bonuses; IRC §415 Compensation⎯wages, tips an…