Louisiana Administrative Code

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 …

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…

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 …

A. The administrative authority may, by rule, regulation, or order, impose upon any licensee or registrant such requirements in addition to those established in these regulations as deemed appropriate or necessary to minimize danger to public health and safety or property.

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…

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…

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…

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…

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…

A. Qualified rollovers of accumulated employee contributions require a certification from the receiving financial institution that the institution is qualified to receive the rollover.

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, …

A. Any person who violates any provision of the Louisiana Environmental Quality Act, or any regulation or condition(s) of license or certificate of registration issued thereunder will be subject to enforcement actions as provided in R.S. 30:2025.

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…

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. …

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…

A. Owners and/or operators of a source or sources of emissions in the state of Louisiana shall on request of the administrative authority submit within 90 days a compliance schedule showing how the source or sources will be brought into compliance with state air quality standards…

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…

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…

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 …

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…

A. Criteria for Eligibility 1. The determination of an applicant's eligibility for vocational rehabilitation services is to be based on the following requirements: a. a determination by qualified personnel that the applicant has a physical or mental impairment; b. a determination…

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…

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…

A. Description. An applicant firm's management and daily business operations must be controlled by an owner(s) of the applicant firm who has/have been determined to be a small and emerging business person. In order for a small and emerging business person to be found to control t…

A. Any regulation pertaining to the doing of any act shall also apply to the causing of such act to be done.

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…

A. The party appealing from the agency's initial determination shall file a written appeal, setting forth information required therein within 15 days after date notification was given or was mailed to his last known address. B. It is hereby further provided that any communication…

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.

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.

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…

A. Sources of radiation shall be subject to impounding pursuant to R.S. 30:2108.

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 …

A. Commencing with the issuance of any riverboat gaming operator license, the licensee shall submit on a quarterly basis to the board a statement of compliance with the applicant or licensee's previously submitted application or economic development plan as to those aspects of th…

A. Purpose. The purpose of an expanded system of information and referral is as follows: 1. to ensure that individuals with disabilities who are not being served under LRS' order of selection receive accurate vocational rehabilitation information and guidance to assist such indiv…

A. Hand-held fluoroscopic screens shall not be used. B. Shoe-fitting fluoroscopic devices shall not be used. C. Sources of radiation shall not be used to expose any individual for training or demonstration purposes. D. Sources of radiation shall not be used for the purpose of scr…

A. The plan year for MERS shall be July 1-June 30.

A. All purchases and leases of furniture, equipment, supplies, property, office and building space, capital improvements, and services shall be processed in accordance with procedures established by the recipient. All purchases of furniture, equipment, supplies, property, office …

D. The board may, at its discretion, remand the case to the administrative law judge for the taking of such additional evidence as the board may direct. Notice thereof shall be given as provided in §111. E. Either party may submit written briefs to the board for its consideration…

A. As used in these rules and in the Act, the following terms are interpreted and deemed to have the meanings specified. Certified Nurse Assistant―a certified nurse aide certified by the Board of Examiners of Nursing Facility Administrators, pursuant to R.S. 37:2504, as amended. …

A. Section 103(b)(6) of the code restricts use of tax-exempt bonds to small issues, which thereby limits the principal amount of the corresponding loans. To determine whether a bond is eligible under the established limits, the code requires that certain sums be added to the prin…

A. The Medicaid Program shall provide reimbursement to acute care hospitals for donor human breast milk provided to hospitalized infants. B. Reimbursement. Hospitals shall be reimbursed for donor human breast milk when obtained from a member bank of the Human Milk Banking Associa…

A. Under circumstances as determined by the executive director, LASERS may require agencies to submit employee and employer contributions by electronic funds transfer ("EFT") or certified check.

A. These rules and regulations shall be in full force and effective as of the date of their promulgation except where specifically exempted within the text of these chapters.

A. It is the responsibility of any business wishing to participate in the program to complete the required certification process. Failure to provide complete, true, or accurate data may result in rejection of the application. B. Certification in the SEBD Program is accomplished o…

A. Payment Schedule 1. A copayment requirement in the Pharmacy Program is based on the following payment schedule. Calculated State Payment Copayment $5.00 or less $0.00 $5.01 to $10.00 $0.50 $10.01 to $25.00 $1.00 $25.01 to $50.00 $2.00 $50.01 or more $3.00 2. The pharmacy provi…

A. Every employer of more than 10 employees who is subject to record keeping under the provisions of 29 U.S.C. Section 655 shall, within 90 days of any occupational death of an employee, any nonfatal occupational illness, or any nonfatal occupational injury involving either loss …

A. The label or labeling of a product shall be deemed misleading if it makes a claim or statement concerning which there is a difference of opinion among experts, and fails to state that such a difference of opinion exists if there is a material weight of expert opinion contrary …