25,466 sections across 2,439 Louisiana regulatory chapters.
Chapter 1. General Provisions-105 Procedure for Declaratory Orders and Rulings
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A. This rule provides for the filing and prompt disposition of requests for declaratory orders and rulings as to the applicability of any statutory provision or as to the applicability of any rule or order of the commission, as required by R.S. 49:962 and 49:963(D). B. A request …
Chapter 1. General Provisions-105 Payment of Benefits
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A. All new retirees and beneficiaries are required to have their monthly benefits electronically deposited into an account at a financial institution. B. To facilitate electronic payment of benefits, a retiree/beneficiary must provide a copy of their Social Security card, name, c…
Chapter 1. General Provisions-105 Forms
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A. The following forms are prescribed for use as required by the Workers' Compensation Act and these rules. 1. Form LW-WC-IA-1, Employer's First Report of Injury or Illness, shall be filed with the employer's insurer when required by R.S. 23:1306. Failure to file this form as req…
Chapter 1. General Provisions-105 Definitions
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A. By reference, all of the definitions set forth and contained in Chapter 13 of Title 49 of the Louisiana Revised Statutes, inclusive, are incorporated herein, and for the purpose of hearings to be held hereunder, the following definitions shall prevail.. Applicant―the employer …
Chapter 1. General Provisions-105 Gaming Control Board; Duties and Powers
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A. The board shall perform the duties and functions as authorized by the provisions of these regulations and the regulatory authority with respect to the regulation of sports wagering as provided by R.S. 27:1 et seq.
Chapter 1. General Provisions-105 Confidentiality
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A. General Statement. All client information is confidential. All personal information in the possession of the state agency shall be used only for purposes directly connected with the administration of the program. B. Notification to Clients. Individuals asked to supply the agen…
Chapter 1. General Provisions-105 Program Authorization; Applicability of Federal Law
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A. State Statutes. The Louisiana Direct Placement Agricultural Revenue Bond Program is authorized by Louisiana Revised Statutes of 1950, Title 3, Chapter 3-B, Sections 261-283. These statutes permit funding by Agricultural Revenue Bonds of a wide range of agricultural loans. B. F…
Chapter 1. General Provisions-105 All Other Applications
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A. All applications for permits to repair (except ordinary maintenance operations), abandon (plug and abandon), acidize, deepen, perforate, perforate and squeeze, plug (plug back), plug and perforate, plug back and side-track, plug and squeeze, pull casing, side-track, squeeze, s…
Chapter 1. General Provisions-106 Persons Furnishing Significant Services
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A. For purposes of R.S. 27:81.A, a person who furnishes significant services which are material and integral to the operation of a licensed riverboat shall include, but not be limited to: 1. any individual, corporation, firm, partnership, or other legal entity that furnishes, by …
Chapter 1. General Provisions-107 Exemptions[formerly LAC 49:I.1307]
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A. As provided in R.S. 40:2704, any person is exempt from the provisions of these regulations to the extent that such person: 1. uses equipment which emits ultraviolet radiation incidental to its normal operation; 2. does not use the equipment described in Paragraph 1 of this Sub…
Chapter 1. General Provisions-107 Elective Deliveries
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A. Induced deliveries and cesarean sections shall not be reimbursed when performed prior to 39 weeks gestation. This shall not apply to deliveries when there is a documented medical condition that would justify delivery prior to 39 weeks gestation.
Chapter 1. General Provisions-107 Submission of a Rulemaking Petition
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A. In accordance with R.S. 49:953(C)(1), any interested person may petition an agency to adopt a new rule, or to amend or repeal an existing rule. B. To petition an agency within the Division of Administration for changes to the agency’s current rules, or for the adoption of new …
Chapter 1. General Provisions-107 Definitions
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Act―Act 449 of the 1979 Louisiana Legislature which established Section 2001 et seq., of Title 30 of the Louisiana Revised Statutes of 1950 and any subsequent amendment to these Sections. Activity―any conduct, operation or process which causes or may cause the discharge of pollut…
Chapter 1. General Provisions-107 Construction of Regulations
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A. Severability 1. Nothing contained in these regulations shall be so construed as to conflict with any provision of the Act or any other applicable statute. If any regulation is held invalid by a final order of a court of competent jurisdiction at the state or federal level, suc…
Chapter 1. General Provisions-107 Scope
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A. These rules apply to the executive branch of state government as defined in R.S. 36:3(1) and any and all entities, state or non-state, approved to utilize state telecommunications systems and telecommunications services. All groups may be referred to collectively hereafter as …
Chapter 1. General Provisions-107 Computation of Time―Saturdays, Sundays and Holidays
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A. Whenever these rules prescribe a time for the performance of any act, except as provided in §109, Saturdays, Sundays and legal holidays (half holiday is considered a legal holiday) in the state of Louisiana shall count as any other days, except that when the time prescribed fo…
Chapter 1. General Provisions-107 Applicant/Client Appeal Rights
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A. Administrative Review 1. The administrative review is a process which may be used by applicants/clients (or as appropriate the applicant's/client's representative) for a timely resolution of disagreements. However, this process may not be used as a means to delay a fair hearin…
Chapter 1. General Provisions-107 Reporting of Expenditures
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A. The service delivery area grant recipient shall prepare expenditure reports in accordance with procedures established by the recipient. These reports shall be on an accrual basis and conform to federal and state requirements in regard to the Act.
Chapter 1. General Provisions-107 Definitions[Formerly 49:1.0030]
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Act⎯Act 142 of 1936 as amended by Act 185 of 1942, unless the text clearly indicates a different meaning. All definitions and interpretations of terms given in the Act shall be applicable also to such terms when used in these regulations. Analysis—includes examinations and tests.…
Chapter 1. General Provisions-107 Prohibited Conduct
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A. No employment service, employment service manager, and/or consultant shall engage in the following conduct: 1. advertise or use letterheads, receipts, or other written or printed matter unless such materials contain the name of the employment service, as registered with and li…
Chapter 1. General Provisions-107 Repayment of Withdrawn Accumulated Contributions
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A. Withdrawn Accumulated Contributions May be Repaid 1. Repayment Permitted a. Member contributions that have been refunded to the member upon his termination of employment before qualifying for retirement benefits under the DARS may be repaid to DARS by the member upon his reemp…
Chapter 1. General Provisions-107 Investigations―Authority
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Pursuant to the provisions of R.S. 30:2011, the administrative authority shall make such investigations as are necessary and proper to carry out the purposes of the Louisiana Environmental Quality Act and in connection therewith. A. Private Conference Method. In the event that co…
Chapter 1. General Provisions-107 Projects Eligible for Loans Funded with LAFA Bond Proceeds
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A. Loan proceeds may be used for acquisition, construction, reconstruction, equipping or installation of any property which, under the code, is eligible for a depreciation allowance or chargeable, for federal income tax purposes, to a capital account (or that would be chargeable …
Chapter 1. General Provisions-107 Definitions
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Full-Time—regularly scheduled to work a minimum of 35 hours per week.
Chapter 1. General Provisions-107 Meetings of the Board
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A. Open Meeting. All meetings of the board shall be subject to the open meetings law as provided in R.S. 42:1 et seq. B. Annual Meeting. The year of the board shall begin February 1 each year. The meeting following the beginning of the year, the board shall elect its officers who…
Chapter 1. General Provisions-107 Purpose and Objective of Rules; Construction, Application
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A. These rules are adopted and promulgated to ensure that the Patient’s Compensation Fund is organized, administered, and operated on a financially and actuarially sound basis so as to achieve the purpose for which it was established, by providing that qualification for enrollmen…
Chapter 1. General Provisions-107 Prior Authorization
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A. The medication must be prescribed by a practitioner who is authorized to prescribe under state law. The national drug code (NDC) must be identified on each pharmacy claim for reimbursement. Prescription drugs considered for payment are subject to rebates from manufacturers as …
Chapter 1. General Provisions-107 Eligibility Requirements for Certification
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A. An SEB is a firm owned and controlled by one or more small and emerging business person(s). Eligibility requirements fall into two categories, one applies to the individual owners and the other to the applicant's firm. In order to continue participation in the program, a firm …
Chapter 1. General Provisions-107 Construction of Regulations
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A. Severability 1. Nothing contained in these regulations shall be so construed as to conflict with any provision of the Act or any other applicable statute. If any regulation is held invalid by a final order of a court of competent jurisdiction at the state or federal level, suc…
Chapter 1. General Provisions-107 Standards of Conduct and Ethical Rules
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A.1. No board member or employee shall engage in gaming activities in any establishment under the jurisdiction of the board, except as required in the course of his duties. 2. No board member or employee shall solicit or accept employment from a casino operator or from any licens…
Chapter 1. General Provisions-107 Presentation of Claim for Reimbursement from Second Injury Fund, Timely Filing Thereof
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A. Within one year after the first payment of either compensation or medical benefits, the employer or his insurer, whichever of them makes the payments or becomes liable therefor, shall notify the board in writing of such facts and furnish such other information as may be requir…
Chapter 1. General Provisions-107 Records
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A. The district office shall be supplied with available field maps showing lease lines and well locations for all producing areas within the district, such maps to be provided by persons or companies operating in the field, on request of the commissioner or his agent. B. Electric…
Chapter 1. General Provisions-108 Board Hearings
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A.1. Any person against whom an administrative action is proposed, and any person against whom an enforcement action is taken, may request a hearing by filing a written request with the board. The request shall be filed within 10 days of service of the notice of proposed action, …
Chapter 1. General Provisions-108 Rollover of Refunds
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A. Qualified rollovers of accumulated employee contributions require a certification from the receiving financial institution that the institution is qualified to receive the rollover.
Chapter 1. General Provisions-109 Waiver of the Electronic Funds Transfer Requirement
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A. LASERS may, at its option, issue paper checks in lieu of an Electronic Funds Transfer (EFT) to surviving minor children under R.S. 11:471 et seq., in order to avoid overpayments or other administrative issues associated with the payment of such benefits.
Chapter 1. General Provisions-109 Disposition of Claim
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A. The board shall conduct such investigations, order such hearings and take such other actions as it finds necessary to make an intelligent decision on the claim. At least 30 days prior to the date of the board meeting at which a decision on the claim is to be made, all interest…
Chapter 1. General Provisions-109 Healthcare-Acquired and Provider Preventable Conditions
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A. Effective for dates of service on or after July 1, 2012, the Medicaid Program will not provide reimbursement for healthcare-acquired or provider preventable conditions which result in medical procedures performed in error and have a serious, adverse impact to the health of the…
Chapter 1. General Provisions-109 Medicare Part B
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A. The Department of Health, Bureau of Health Services Financing pays the full co-insurance and the Medicare deductible on outpatient pharmacy claims for services reimbursed by the Medicaid Program for Medicaid recipients covered by Medicare Part B.
Chapter 1. General Provisions-109 Requests for Cash
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A. The financing of the JTPA Program will be on an advance or reimbursement basis in accordance with procedures established by the recipient. Service delivery area grant recipients shall establish procedures that will minimize the time elapsing between the receipt of advanced fun…
Chapter 1. General Provisions-109 Eligibility and Ineligibility
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A. Criteria for Eligibility 1. An individual is eligible for vocational rehabilitation services, if the individual: a. has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment; and b. requires vocational rehabi…
Chapter 1. General Provisions-109 Severability
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A. If any provisions of these rules and regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application; and, to this end…
Chapter 1. General Provisions-109 Compliance Penalty
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A. Unless otherwise provided for in the rules of the Office of Workers' Compensation, a person or entity that fails to comply with any rule or regulation adopted under the provisions of the Workers' Compensation Act may be penalized with a fine not to exceed $500. B. A person or …
Chapter 1. General Provisions-109 Cause of Act[Formerly 49:1.0035]
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A. Any regulation pertaining to the doing of any act shall also apply to the causing of such act to be done.
Chapter 1. General Provisions-109 Notice
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A. Notice by Mail. Under the provisions of Louisiana law or these rules, whenever notice is given to any member it shall not be construed to mean personal delivery of notice. Notice will be considered to be given in writing on the day the written notice is deposited in a post off…
Chapter 1. General Provisions-109 General Definitions
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A. As used in these rules, the following terms shall have the meanings specified: 1. Terminology Definitions Act―the Louisiana Medical Malpractice Act, Act 1975, Number 817, as amended, R.S. 40:1299.41-1299.48. Board―the Louisiana Patient’s Compensation Fund Oversight Board estab…
Chapter 1. General Provisions-109 Projects Ineligible for Loans Funded with LAFA Bond Proceeds; Exceptions
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A. LAFA bonds may not be used for the following purposes, except as provided under this rule: 1. land acquisition, except that: a. 25 percent of a loan may be used to acquire non-farm land; and b. first-time farmers may utilize a maximum of $250,000 in loan proceeds to purchase l…
Chapter 1. General Provisions-109 Application for License
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A. Initial License 1. Forms Required to be Completed and Submitted a. OOL-1 Application. The facts specified in the application must be sworn and attested before a notary. All applications must be signed by the proposed licensee. b. OOL-2 Bond Form. In the amount of $5,000 execut…
Chapter 1. General Provisions-109 Duties of Licensees, Permittees, and Applicants; Service
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A. Licensees, permittees, and applicants shall accept all correspondence from the board or division or hearing office. B. Licensees, permittees, and applicants shall notify the division in writing of all changes of address, phone number, or electronic mail address within 10 days …
Chapter 1. General Provisions-109 Consideration of a Rulemaking Petition
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A. Upon receipt, a rulemaking petition shall be forwarded to the promulgating agency for review. B. Within 90 days of receipt of the rulemaking petition, the agency shall either: 1. initiate rulemaking procedures to adopt a new rule, or to amend or repeal an existing rule; or 2. …
Chapter 1. General Provisions-109 Casing Program
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A. Conductor Pipe. Conductor pipe is that pipe ordinarily used for the purpose of supporting unconsolidated surface deposits. The use and removal of conductor pipe during the drilling of any oil and gas well shall be at the option of the operator. B. Surface Casing 1. Where no da…