Louisiana Administrative Code

A. Every nursing home shall have toilets, lavatories and bathtubs or showers on each floor occupied by patients. There shall be one lavatory in each room, or immediately adjacent thereto, one toilet for each eight patients and one tub or shower for each 10 patients. In nursing ho…

A. A nurses' station shall be provided and shall include a sink, adequate work space, and storage for medicine.

A. Food preparation, storage and service shall meet the requirements of Part XXIII of this Code.

A. The water supply shall meet the requirements of Part XII of this Code.

A. Sewage and waste disposal shall meet the requirements of Part XIII of this Code.

A. Plumbing shall meet the requirements of Part XIV of this Code.

A. Employee and patient health shall meet the requirements of Part 1, §117 and Part II, §§501-505 of this Code.

A. As used in this Part, the terms defined in this Chapter supplement any definitions which may be set forth in law and shall have the following meanings and/or applications, unless the context or use thereof clearly indicates otherwise, or more explicit definitions and/or applic…

A. Permits for geophysical and geological surveys under Title 30, Chapter 3, Sections 211 through 216 of the Louisiana Revised Statutes of 1950 shall be obtained from the State Mineral Board (SMB) through the Office of Mineral Resources (OMR). A properly completed application for…

A. Exclusive geophysical agreements authorized under Title 30, Chapter 3, Sections 208 through 216 of the Louisiana Revised Statutes of 1950 may be obtained from the State Mineral Board (SMB), through the Office of Mineral Resources (OMR). B. There are three types of Exclusive Ge…

A. The purpose of the Geospatial Database is to provide standards to facilitate and integrate the collection of geospatial data by state, local, and federal agencies, to be maintained by the department in the statewide geospatial database of Louisiana. To establish the geographic…

Base Map—a collection of one or more geospatial data layers that form the background of a cartographic presentation or form the basis for a geospatial data analysis. Business Data—data (geospatial or otherwise) collected, purchased, developed, or maintained by an organization for…

A. The department shall create, maintain, and manage a geospatial database which will include data layers consisting of, but not limited to: 1. elevation and bathymetry; 2. transportation; 3. hydrography (water features); 4. boundaries; 5. land cover (vegetation); 6. land use; 7.…

A. Elevation and Bathymetry 1. General Description a. Elevation is the altitude, with reference to mean sea level (MSL) of the land surface. Bathymetry is the depth to bottom of a waterbody, with respect to MSL. 2. Feature Standards a. The North American Vertical Datum of 1988 (N…

A. The database shall serve as: 1. a repository for the data layers contained in §105 and as described in §107; 2. a standard source for authoritative geospatial information for carrying out official business by all state agencies; and 3. the standard source for base map geospati…

A. The department shall not be liable to any person, entity or third party as the result of the use of information by any person, entity or third party of the information and data contained in the Geospatial Database of Louisiana; nor does the department warrant or guarantee the …

A. The department shall act as the authority for all geographic names. B. Geographic names shall be consistent with the standards established by the Geographic Names Information System (GNIS), established by the U.S. Board of Geographic Names (http://geonames.usgs.gov). C. The de…

A. The department will make available its geospatial information system (GIS) services and data to all state agencies, the federal government, political subdivisions of the state, and private persons. As each data layer is developed it will be available on the Department of Trans…

A. Purpose. These regulations are to govern the collection, commerce, captive maintenance, and research and management of native and certain exotic species of reptiles and amphibians. Consistent with the constitutional authority and legislative mandates, the Wildlife and Fisherie…

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. Louisiana Revised Statute 47:287.733 provides that corporations that are included with affiliates in a consolidated federal income tax return must file their Louisiana corporation income tax on a separate corporation basis. For Louisiana income tax purposes, filing a return on…

A. General Rule. R.S. 47:287.747 provides that the situs of stock canceled or redeemed in the liquidation of a corporation, whether domestic or foreign, shall be in Louisiana in the same ratio that property located in Louisiana, and received by a shareholder, bears to the total p…

A. Louisiana Revised Statutes 47:287.759 allows for a tax credit against corporation income tax to contractors and subcontractors constructing a public work who offer health insurance to their employees and their dependents. 1. The amount of the credit is 2 percent of the total a…

A. In accordance with the rule adopted by the Division of Administration pertaining to the uniform fee schedule for copies of public records, the Department of Natural Resources (DNR) has adopted a rule which institutes a schedule of rates to recover its costs in providing copies…

A. Place of Application. Applications for certificates of self-insurance shall be made at the Driver Management Bureau, 109 South Foster Drive, Baton Rouge, Louisiana, or through the mail by writing to Department of Public Safety, Record Management Section, Self-Insurance Unit, B…

A. The limitations of this Chapter shall apply in limitation years beginning on or after July 1, 2007, except as otherwise provided herein. B The annual benefit otherwise payable to a member under the plan at any time shall not exceed the maximum permissible benefit. If the benef…

A.1 Unless the member has elected otherwise on or before December 31, 1983, the entire benefit of a member shall be distributed over a period not longer than the longest of the following periods: a. the member's life; b. subject to Paragraph 2 of this subsection, if the member is…

A. Notwithstanding any other provision of law to the contrary that would otherwise limit a distributee's election under this Section, so long as consistent with section 401(a)(31) of the Internal Revenue Code, a distributee may elect, at the time and in the manner prescribed by t…

A. Unless otherwise provided in this Chapter, the accrued benefit of each “section 401(a)(17) employee” as that term is defined below shall be the greater of the following: 1. The employee's accrued benefit determined with respect to the benefit formula applicable for the plan ye…

A. In the event of termination or partial termination of the system’s pension plan, accrued benefits of affected members shall become vested and nonforfeitable to the extent funded as of the date of the termination or partial termination of the plan.

A. To the extent it does not affect the tax qualified status of the retirement system, and is permitted by United States Internal Revenue Code section 401(a)(24) and Internal Revenue Service Revenue Ruling 81-100, 1981-1 CB 326 (as clarified and modified by Revenue Ruling 2004-67…

A. It is well recognized that a substantial amount of work expended by state and local government relates to the location, characteristics, resources, use and value of land. Parish assessors and political subdivisions of the state have developed various systems to assist in the c…

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. 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. …