Louisiana Administrative Code

A. An application to the Commissioner of Securities to dispense with any written consent of an expert shall be made by the registrant and shall be supported by an affidavit or affidavits establishing that the obtaining of such consent is impracticable or involves undue hardships …

A. If the act or the rules and regulations of the Commissioner of Securities require the filing of a written consent to the use of any material in connection with the application for registration, such consent shall be filed with the application for registration even though the m…

A. This registrant may file such exhibits as it may desire, in addition to those required by the appropriate form. Such exhibits shall be so marked as to indicate clearly the subject matters to which they refer.

A. In any case where two or more indentures, contracts, franchises, or other documents required to be filed as exhibits are substantially identical in all material respects except as to the parties thereto, the dates of execution, or other details, the registrant need file a copy…

A. Any document or part thereof filed with the Commissioner of Securities pursuant to any act administered by the Commissioner of Securities may be incorporated by reference as an exhibit to any application for registration. B. If any modification has occurred in the text of any …

Editor's Note: The address for the office of the Commissioner of Securities has changed to: Commissioner of Securities State of Louisiana 8660 United Plaza Boulevard Baton Rouge, LA 70809 A. All applications and papers in connection therewith and requests for information shall be…

A. One copy of each amendment to an application shall be filed with the Commissioner of Securities at least five days prior to any offering of the securities subsequent to the filing of such amendment, or such shorter period as the Commissioner of Securities, in his discretion, m…

A. An amendment altering the proposed date of the public offering may be made by telegram or by letter. Each such telegraphic amendment shall be confirmed within a reasonable time by the filing of one copy, which shall be signed. Such confirmation shall not be deemed an amendment…

A. Any application for registration or any amendment or exhibit thereto may be withdrawn upon application if the Commissioner of Securities, finding such withdrawal consistent with the public interest and the protections of investors, consents thereto. The application for such co…

A. All persons signing an application for registration shall be deemed, in the absence of a statement to the contrary, to confer upon the applicant and upon the correspondent named in the application for registration the following powers: 1. a power to amend the application for r…

A. The registration of additional securities of the same class as other securities for which an application for registration is already in effect, shall be effected through a separate application for registration relating to the additional securities.

A. Upon the termination of an offering, the registrant must file a Termination of Offering Report to the Commissioner of Securities of the State of Louisiana, within 30 days subsequent to the termination of the offering in the state of Louisiana.

A. If any provision or clause of this regulation or the application thereof to any person or situation is held invalid, such invalidity shall not affect any other provision or application of the regulation which can be given effect without the invalid provision or application, an…

A. Adjudications conducted by the Division of Administrative Law (DAL) are governed by Chapters 13 and 13-B of the Administrative Procedure Act (APA), R.S. 49:950 et seq., and R.S. 49:991, et seq. These rules are not intended to be a comprehensive guide for hearings conducted by …

A. The following terms used in this Chapter shall have the meanings listed below, unless the context otherwise requires, or unless specifically redefined in a particular Section. Adjudication⎯agency process for the formulation of a decision or order. Adjudicatory Hearing—a contes…

A. In computing a period of time allowed or prescribed by law, the date of the act, event, or default is not included in the computation. The last day of the period is to be included, unless it is a legal holiday as defined in R.S. 1:55, in which case the period runs until the en…

A. Petitions for the adoption, amendment, or repeal of rules or regulations promulgated by DAL shall be submitted to: Division of Administrative Law, Attn: Director’s Office, Post Office Box 44033, Baton Rouge, LA 70804-4033. B. Petitions shall be in writing and shall state the n…

A. Parties have the right to retain counsel but are not required to do so. A person may appear and be heard on his/her own behalf, unless otherwise provided by law. B. Representation of a person in a matter before DAL is limited to licensed attorneys, unless state or federal law …

A. Unless prohibited by law, DAL hearings are open to the public. B. Parties, representatives, and other members of the public shall conduct themselves with dignity, show courtesy and respect for one another and for the administrative law judge, and follow any additional guidelin…

A. Proceedings that are open to the public may be photographed or recorded, whether for broadcast or personal use, in a manner that does not interfere with the orderly conduct of the proceeding, unduly distract participants, or impair the dignity of the proceedings. A person desi…

A. A party or witness who wants to request a reasonable accommodation pursuant to the Americans with Disabilities Act may request an accommodation by calling the administrative hearings clerk at 225-342-1800. To ensure the accommodation will be available, written requests should …

A. Once a case has been docketed by DAL, no party shall communicate with the assigned administrative law judge regarding the case without the knowledge and consent of all other parties to the matter, except at conferences and/or hearings. The administrative law judge shall prompt…

A. The following fees govern the application and reprocessing of applications for HOME funds. 1. Application Fee 1 to 4 units $ 200 5 to 32 units 1,000 33 to 60 units 1,500 61 to 100 units 2,500 Over 100 units 5,000 2. Analysis Fee 1 to 4 units $ 200 5 to 32 units 1,000 33 to 60 …

Name Percent of Available Funds Allocation to Jurisdictions to Become Eligible to Administer HOME Program Directly 4% Administration Expenses 5% CHDO Operating Support 5% CHDO General Funds 15% Special Needs Set Aside 24% Rehabilitation Programs 31% Home Buyer Assistance 16%…

A. Applications for HOME funds will be rated in accordance with the selection criteria (Appendix IX) for which the applicant must initially indicate that the project qualifies. APPENDIX IX Selection Criteria to Award Home Fundsto Affordable Rental Housing Projects The Applicant h…

A. Jurisdiction Proposes Comprehensive and Concentrated Neighborhood Revitalization Area―25 points B. Jurisdiction Proposes to Use Community Housing Development Organization ("CHDOs") to Own, Sponsor or Develop Units to be Rehabilitated―25 points C. Leverage Ratio for Each HOME D…

A. In the absence of the chairman, the secretary shall preside at meetings of the commission. B. The chairman may designate a hearing officer, who may or may not be a member of the commission, to preside at all adjudicatory proceedings of the commission. C. The commission shall s…

A. The terms defined in R.S. 3:3803 are applicable to this Part and have the meaning given to them in that statute, except where a regulation or the context expressly indicates otherwise. B. The terms defined in this Section are applicable to this Part and have the meaning herein…

A. Hearings 1. Investigative hearings shall be for the purpose of investigating alleged violations of the Horticulture Law or regulations promulgated by the commission. 2. Investigative hearings may be held upon the call of the commission. Such hearings may be held in any part of…

A. All persons applying for an examination for licensure or for a license or permit issued by the commission shall meet the following requirements. 1. An applicant must be 17 years of age or older to take an examination for licensure or apply for a permit, but must be 18 years of…

A. Each applicant must complete the application form prescribed by the commission for the area in the practice of horticulture for which the license or permit is sought and submit the application to the commission at 5825 Florida Boulevard, Baton Rouge, LA 70806 along with any ot…

A. Landscape Architect 1. The initial fee for the Louisiana Landscape Architect Examination shall be $200. 2. The re-examination fee for the Louisiana Landscape Architect Examination shall be $100. B. Arborist, Landscape Horticulturist, Landscape Irrigation Contractor, Utility Ar…

A. Any person taking an examination for licensure must score a 70 percent or above to pass the examination. B. A passing score on an examination is valid for five years, after which time the applicant must apply to retake the examination.

A. Examinations for licensure shall be administered in the commission’s state office at 5825 Florida Boulevard, Baton Rouge, LA 70806 and, upon written request, in district offices of the department or at a site approved by the commission. Each applicant shall be notified of the …

A. All licensees or permittees must cooperate with any representative of the commission in any inspection of the premises and/or any other reasonable request. The giving of a false statement to any representative of the commission by a licensee or permittee shall constitute a vio…

A. Floral Dealer 1. All cut flowers, ornamental plants, and living or freshly cut plant materials sold or offered for sale shall be fresh, of high quality, and free from injurious insects, diseases, and other pests. No plant material of low quality and no wilted or dead plant mat…

A. No licensee or permittee of the commission may apply pesticides to any properties which are not owned, rented, or leased by the licensee or permittee or persons engaged in any regulated profession or occupation unless such licensee or permittee, or persons engaged in any regul…

A. Whenever a license or permit is suspended by the commission, the violations which caused the suspension must be corrected, to the satisfaction of the commission, prior to re-issuance of the suspended license or permit. B. Whenever a license or permit is suspended by the commis…

A. A person believed to be in violation of the Horticulture Law or regulations of the commission may be issued a verbal or written stop order or written notice of non-compliance by the department or authorized agent to prevent possible future violations from occurring. B. If an a…

A. All memoranda setting forth fiscal policy and procedures issued by the Commissioner of the Division of Administration shall be compiled in manual form, with copies provided to each state agency. Copies shall be maintained by the agency head and by the chief fiscal officer for …

Adjudicatory Proceeding—an open public hearing by the commission to determine whether violations of R.S. 3:3401-3425 or the regulations contained in this Part have occurred. Such proceedings are conducted in accordance with the Administrative Procedure Act (R.S. 49:950 et seq.). …

A. The officers of the commission shall be a chairman and a vice-chairman, who shall serve for terms concurrent with the commissioner, but may be elected for an indefinite number of terms. B. After the initial election of officers, the chairman and vice-chairman shall be elected …

A. The following agricultural commodities shall be regulated by the commission at all times: 1. rice; 2. rough rice; 3. all agricultural commodities commonly classed as grain; including: a. wheat; b. corn; c. oats; d. rye; e. soybeans; f. barley; g. grain sorghum; 4. cotton. B. W…

A. Applications for renewal of warehouse, cotton merchant and grain dealer licenses shall be received no later than April 30 of each year. Applications for initial license may be filed at any time during the year. For both initial and renewal licenses, the following information s…

A. The commission may refuse to issue or renew a warehouse, cotton merchant, or grain dealer license in any of the following circumstances: 1. the applicant cannot demonstrate to the satisfaction of the commission that he is competent to operate the business for which the license…

A. No person shall operate a warehouse subject to regulation under R.S. 3:3401-3425 unless licensed by the commission or under the U.S. Warehouse Act. The following types of warehouses are specifically defined as warehouses subject to regulation under R.S. 3:3401-3425: 1. any fac…

A. The building shall be of sound construction, in good physical condition, and suitable for storage of the agricultural commodities to be stored therein. B. The building shall be weathertight so as to protect the commodities stored in it from the elements at all times. C. The bu…

A. Temporary storage facilities may be approved by the commission on a case by case basis. Temporary storage may only be operated in conjunction with an existing, licensed warehouse and the capacity to be approved shall be compatible with the warehouseman's operational and financ…

A. Each applicant shall execute and file security, on forms provided by the commission, which security shall be issued by a company authorized to do business in Louisiana prior to issuance of the license. B. The security shall be conditioned upon: 1. the faithful performance of a…

A. At all times, each warehouse shall carry sufficient provisional stock insurance to assure protection against fire and other disasters for all agricultural commodities in storage in an amount proportionate to the licensed capacity of the facility. Provisional stock insurance re…