Louisiana Administrative Code

A. LAFA may terminate a loan purchase agreement with any lender in any of the following circumstances: 1. lenders failure to pay loan note repayments over to the trustee if such failure continues for a period of five days; 2. lenders failure to observe or perform in any material …

A. Qualifying Criteria. Reimbursement of inpatient rehabilitation services provided by freestanding rehabilitation hospitals is allowable only if provided in rehabilitation hospitals that meet the following criteria: 1. Medicare prospective payment system (PPS) exempt rehabilitat…

A. The decision of the board shall be final.

A. It is the duty of the Commissioner of Conservation, or his agents, to make such changes in the monthly production and proration orders as may appear reasonably necessary for the purposes of safety, conservation, the prevention of waste, or the maintenance of proper gas/oil rat…

A. Costs of insurance in connection with the general conduct of activities under the program, including but not limited to workers' compensation insurance, insurance for injuries suffered by participants who are not covered by workers' compensation, personal liability insurance f…

A. Qualifying Criteria. Reimbursement as a long-term hospital is only allowable for inpatient services provided in hospitals that meet the Medicare prospective payment system (PPS) exempt long-term hospital criteria in 42 CFR 412.23(e) and other applicable Medicare guidelines.

A. Private Employment Services Contract 1. This contract is entered into by and between _________________ hereinafter referred to as the applicant and (name of private employment service) hereinafter referred to as the employment service. Acceptance means agreement by applicant w…

A. The following definitions shall apply to §§127-137, which are sections pertaining to the Louisiana Agricultural Finance Authority Securitized Agricultural Revenue Bond Program. Act―the Louisiana Agricultural Finance Act, Chapter 3-B of Title 3 of the Louisiana Revised Statutes…

A. All applications for appeals shall be acknowledged and the opposing party shall be duly notified.

A. The commissioner shall have the authority to require bottom-hole pressure surveys of the various fields at such times as he may designate. However, operators shall be required to take bottom-hole pressures in those wells only which are not likely to suffer any injurious effect…

A. Property purchased or assumed under the Act must be maintained in an efficient and effective manner and shall not be used for purposes other than the Act. Service delivery area grant recipients shall obtain written approval from the recipient prior to the disposition of proper…

A. An appeal from an adverse final decision of the board, as to liability under the Act or the amount of such liability or both, may be taken by the aggrieved party provided such appeal is filed, pursuant to the provisions of R.S. 23:1378.E.

A. When any officer or employee of the department collects a sample of food, drug, cosmetic or device, for examination and investigation under the Act, the sample is collected from a shipment or other lot of the article which is displayed, offered for sale, held, stored or transp…

A. In general, taxes or payments in lieu of taxes which the recipient/subrecipient is legally required to pay are allowable.

A. These rules and each of their provisions are hereby declared to be severable, one from another. If any provision or item of a rule, or the application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications of the rule which can be g…

A. The owner of a food, drug, or cosmetic, of which an official sample is collected, is the person who owns the shipment or other lot of the article from which the sample is collected.

A. The board shall, as soon as possible, announce its decision, including its findings of fact and conclusions in support thereof, or it may adopt the decision of the administrative law judge as its own. B. The decision shall be in writing and shall be signed by the members of th…

A. Under the Act, the issuer is authorized to issue revenue bonds to alleviate the serious shortage of capital and credit available for investment in agriculture, for domestic and export purposes, at interest rates within the financial means of persons engaged in agricultural pro…

A. The service delivery area grant recipients may enter into contractual agreements with any profit and/or nonprofit organization. Service delivery area grant recipients will be responsible for their subrecipients' financial and programmatic operations and will insure compliance …

A. At the expense of and at the written request made not less than five days prior to the date set for the hearing by any person affected by the hearing, the board or the person designated by it to hold the hearing shall cause a full stenographic record of the proceedings to be m…

A. Costs incurred prior to the effective date of the grant or contract, whether or not they would have been allowable thereunder if incurred after such date, are allowable when specifically provided for in the grant agreement.

A. Requests for subpoenas must be submitted in writing. They shall contain the name and address of the witness and a statement of what is intended to be proven by his or her testimony. Such request must be received by the administrative law judge or board at least 72 hours prior …

A. Every officer, director, agent or employee of a service delivery area grant subrecipient of JTPA funds on a cash advance basis, who is authorized to act on behalf of a service delivery area grant recipient for the purpose of receiving or depositing funds into program accounts …

A. In the event a well does not have the capacity to produce its total allowable then it shall produce such amount of oil and gas less than its allowable that it is able to produce, and the deficiency of such well shall not be made up by the overproduction of any other well.

A. Every person whose name appears on the label of seed, except persons exempt pursuant to the authority of R.S. 3:1445, and who sells, transports, distributes, or offers or handles for sale agricultural, or vegetable, shall have a complete analysis test performed on the seed by …

A. When an officer or employee of the department collects an official sample of a food, drug or cosmetic for analysis under the Act, he shall collect at least twice the quantity sufficient for analysis, unless: 1. the amount of the article available and reasonably accessible for …

A. The issuer shall only purchase agricultural loans made by lenders or enter into repurchase obligations with certain national banks who will in turn make agricultural loans to borrowers. B. Acquisition of Eligible Loans 1. Moneys in the loan fund shall be used only for the acqu…

A. When a hearing is instituted, it shall be assigned a number and entered with the date of its filing on a separate page of docket provided for such purpose. The board shall establish a separate file for each such docketed case, in which shall be systematically placed all papers…

A. The following financial institutions shall qualify as credit providers and shall meet the following conditions. 1. A savings and loan association insured by FSLIC may act as credit provider and shall deliver a letter of credit and in the event such savings and loan association…

A. The analysis tag shall carry the information required by the Louisiana Seed Law, R.S. 3:1431 et seq. using the example below as a labeling guideline. Kind and Variety Origin________Net Wt. ______Lot No. ________ Pure Seed _______Percent Germination_________Percent ________ Ine…

A. In addition to the quantity of sample prescribed above, the officer or employee shall, if practicable, collect as part of the sample such further amount of the article as may be necessary for use as an exhibit in the trial of any case that may arise under the Act based on the …

A. Contracts for professional, personal, and consultant services are allowable with prior written approval of the recipient and in accordance with procedures established by the recipient. Approval must be obtained annually. B. The costs of management studies to improve the effect…

A. The producing, transporting, storing and/or refining of oil shall be reported in accordance with Order No. 25, or as it may be amended, or superseded. The length of time reports and other pertinent data, as defined by Section 16 of Act 157 of the Regular Legislative Session of…

A. Any individual may appear for himself, and/or may be represented by counsel or other duly authorized agent, in any proceeding before the administrative law judge or board. Any partnership may be represented by any of its members or a duly authorized representative. Any corpora…

A. Each person selling, distributing, or offering or handling for sale agricultural or vegetable seed shall keep for a period of three years complete records of each container or lot of seed sold, distributed, or offered or handled for sale by that person. Complete records shall,…

A.1. Upon completion of analyses by the laboratory whereby it is established that any article subject to the provisions of the Act is adulterated, misbranded, or otherwise subject to the prohibitions of the Act, a sufficient amount of the sample (if any remains) shall be reserved…

A. Initiation of Eligible Loan Purchase. A lender may submit to the issuer, the trustee and the co-trustee a proposal to sell agricultural loans in substantially the form attached as Exhibit B hereto. Such form shall include a description of the rates, fees and terms of the loans…

A. Except as otherwise provided in §135, every well drilled in the state of Louisiana shall be drilled in such a manner that at any measured depth the actual or apparent location of the wellbore shall be within a circle whose center is the surface location and whose radius is equ…

A. The administrative law judge or the board may refuse to allow any person to represent others in any proceeding before them whom they find guilty of contumacy or unethical conduct, or who intentionally and repeatedly fails to observe the pertinent provisions of the Louisiana Em…

A. The manner of sampling and handling seed in the field and analyzing and testing seed in the laboratory, greenhouse and trial plots shall be the same as that recommended in the latest rules for testing seed adopted by the Association of Official Seed Analysts.

A. Copies of these rules shall be made available at all area offices of the Office of Regulatory Services and may be inspected by any interested party. Copies of these rules may be requested from the board by parties having need thereof.

A. When an official sample of a food, drug or cosmetic is the basis of a notice given under Section 637 of the Act, or of a case under the Act, and the person who is a party to the case, has a right under §135 to a part of the sample, such person or his attorney or agent may obta…

A. The Program Guidelines, Exhibit B of the indenture, may not be amended by the issuer, trustee, or co-trustee at any time.

Exhibit A TRUST INDENTURE Editor's Note: This exhibit may be obtained in its entirety from the Department of Agriculture and Forestry, Agricultural Finance Authority, 5825 Florida Boulevard, Baton Rouge, LA 70806. Exhibit B FORM OF PROPOSAL TO SELL AGRICULTURAL LOANS LOUISIANA AG…

A. Except as otherwise provided in this Section, the tolerances published in the latest rules and regulations for testing seed by the Association of Official Seed Analysts shall be applicable in the administration of the Louisiana Seed Law. B. Germination Tolerances. The followin…

A. If any operator can show to the commissioner that the drilling and producing methods herein prescribed or the particular method by him prescribed for securing tests of wells, or any other part of this Order, as applies to his well or wells, result in waste or as to such operat…

A. For any and all programs and regulations that Louisiana Agricultural Finance Authority (LAFA) has implemented or will implement, LAFA hereby deems the term "national bank" to include banks of foreign nations which are national in scope of operations in their domicile nation.