Louisiana Administrative Code

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. The following forms and/or reports shall be filed with the Office of the Director. 1. Installation Reports shall be properly completed and witnessed by the customer or his/her authorized representative. This includes installed or re-installed tanks and the completed form shall…

A. All self-service automatic dispensing stations shall obtain a class VI permit with the LP Gas Commission before engaging in business. B. The filling of ICC or DOT cylinders at a self-service site is prohibited. C. Step-by-step operating instructions and fire emergency telephon…

A. All trucks delivering liquefied petroleum gas for domestic use shall be equipped with a suitable measuring device which shall be used to accurately gauge the amount of gas placed in each system, either by meter or by weight. B. Truck meters shall be calibrated at least once ev…

A. Registration. Dealers that operate transport and/or delivery trucks in the state of Louisiana shall register each unit with the commission annually, the annual registration fee is $50 for each unit registered. The annual registration period and procedure will be established by…

A. When a delivery of gas is made to any on-site container which is out of gas or the liquefied petroleum gas service was interrupted, the servicing dealer shall follow the following procedures. 1. When "out-of-gas customer" is not present and the container is serviced: a. shut o…

A. All piping and auxiliary equipment shall be maintained in good mechanical condition at all times so as to eliminate in so far as possible all hazards to safe operation. B. Vehicles and all components of vehicles shall be maintained in good mechanical condition at all times so …

A. The minimum capacity of above ground ASME storage containers shall be 100 gallon tank capacity for each 100,000 BTU appliance load. Tankless water heaters shall be rated at 50 percent of their input rating when calculating appliance load. Exception: D.O.T. Containers of 4 lbs.…

A. ASME and DOT containers, container appurtenances, piping, and equipment connected thereto shall be maintained in good mechanical condition at all times. No leaks or unsafe conditions shall exist.

A. Pressure Tests 1. Shall be performed on all new piping systems and on piping systems that has been modified or had new piping added. 2. The length of time of the pressure test shall be not less than 1/2 hour for each 500 cubic feet of pipe volume or fraction thereof, except wh…

A. Use of Approved Appliances. Domestic and commercial gas consuming appliances shall not be installed unless their correctness to design, construction and performance is certified by one of the following: 1. determined by a nationally recognized testing agency adequately equippe…

C. The following is a clarification of the requirements for new sketches at schools, churches, nursing homes, and other places of public assembly. 1. Where any additional piping is added, the installation of a new appliance or the change out of an appliance with one with a higher…

A. The Liquefied Petroleum Gas Commission hereby adopts the National Fuel Gas Code, 2018 edition. The National Fire Protection Association designation is NFPA 54 2018. The Liquefied Petroleum Gas Commission also adopts the Liquefied Petroleum Gas Code, 2017 edition. The National …

A. No person, firm, or corporation shall use, sell, or distribute liquefied petroleum gas for use in mobile air conditioning systems. B. Hydrocarbon refrigerants containing liquefied petroleum gasses is strictly prohibited for sale, storage inside buildings and use in refrigerati…

A. Unless otherwise specifically provided herein, the following words and terms used in this Part of the Sanitary Code, and all other Parts which are adopted or may be adopted, are defined for the purposes thereof as follows. Institution or Institutional Building—a building or bu…

A. Every public and government building in this state, including, but not limited to every school (kindergarten, nursery school, trade school, college or university), office building, store, commercial building, enclosed shopping center, theater, lecture hall, auditorium, hotel, …

A. No person shall construct any new facilities for any state agency, or construct any new institutional buildings, or make additions or substantial renovations to such existing facilities until plans and specifications therefore have been submitted to, and approved in writing by…

A. Drinking water, processed in accordance with Part XII of this Code, shall be made available to all occupants of all public buildings. B. Drinking fountains shall be provided in public buildings and institutions in the quantities shown in Table 411 of the Louisiana State Plumbi…

A. All public buildings shall be provided with sewage disposal facilities and plumbing in compliance with the provisions of Parts XIII and XIV of this Code. B. Toilet rooms shall be provided in all public buildings for use by the general public. Facilities for hand-washing and cl…

A. Public buildings shall be kept clean. Sweeping, vacuuming and mopping should be done when the building is free of occupants, if possible. Sweeping shall be done in such a manner as to minimize the spread of dust. Mops shall be cleaned after use and before storage in a well ven…

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. As used in these rules and regulations: Adjudication―the process for the formulation of a decision or order. Administrative Procedure Act―Act 382 of 1966 as amended by Act 284 of 1074 and Act 730 of 1975 (R.S. 49:951 et seq.), and any amendments thereto. Decision or Order―the …

A. If any conflict should develop between a rule or an order, and a provision of the Louisiana Constitution or a statute which prohibits such rule or order, the provision of the Constitution or statute shall prevail. B. The Administrative Procedure Act shall govern all rules and …

A. The general course and method of operations of the secretary by which the public may obtain information or make submissions or requests, shall be as provided in the Administrative Procedure Act and by these rules and regulations. B. The within rules and regulations set forth t…

A. Prior to the adoption, amendment or repeal of any rule or regulation, the secretary will: 1. give at least 15 days' notice of his intended action. The notice will include a statement of either the terms or substance of the intended action, or a description of the subjects and …

A. The secretary shall file a certified copy of each rule and regulation which he adopts, including a copy of the within rules and regulations, in the office of the Division of Administration. B. Compilations may omit any rule, the publication of which would be unduly cumbersome,…

A. Any person may file with the secretary or the executive director, a written complaint of a violation of the secretary's rules and regulations. B. The secretary may at any time, upon his own initiative, investigate any suspected violation of these rules and regulations. C. In c…

A. All hearings shall be public and shall be conducted by the secretary or a presiding officer designated by the secretary to conduct the hearings. B. The secretary shall fix the time and place for the hearing. All hearings shall be held in a convenient place, accessible to the p…

A. In adjudication proceedings: 1. the secretary or presiding officer will admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs, and will give effect to the rules and privileges rec…

A. A final decision or order adverse to a party in an adjudication proceeding will be in writing or will be stated in the record. A final decision will include findings of fact and conclusions of law. If findings of fact are set forth in statutory language, they will be accompani…

A. A decision or order in a case of adjudication shall be subject to rehearing, reopening or reconsideration by the secretary within 10 days from the date of its entry. The grounds for such action shall be either that: 1. the decision or order is clearly contrary to the law and t…

A. Unless required for the disposition of ex parte matters authorized by law, the secretary or the presiding officer designated to conduct the hearing, shall not communicate, directly or indirectly, in connection with any issue of fact or law, with any party or his representative…

A. The secretary may issue: 1. decrees or orders requiring a party to cease and desist from any course of conduct or action deemed by the secretary to be inimical to its purposes or aims or any part thereof; 2. decrees or orders requiring a party to take affirmative action to fur…

A. Within 15 days from the decree, or of a declaratory order or ruling, any party affected thereby may petition the Civil District Court for the Parish of East Baton Rouge, for a declaration as to the validity or applicability of any declaratory decree, order or ruling. After the…

A. The validity or applicability of a rule or regulation may be determined in an action for declaratory judgment in the Civil District Court for the Parish of East Baton Rouge, in which the secretary is made a party to the action. An action for a declaratory judgment under this S…

A. A person who is aggrieved by a final decision or order in an adjudication proceeding is entitled to judicial review thereof, whether or not he has applied to the secretary for rehearing, without limiting, however, utilization of or the scope of judicial review available under …

A. Nothing in these rules and regulations shall be held to diminish the constitutional rights of any person, or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise provided by law, all requirements or privileges relati…

A. Applicability. This Section is applicable for all debts owed to the Department of Natural Resources (hereinafter referred to as “DNR”), with the following exceptions: 1. debts associated with mineral leases or operating agreements, or mineral production on State lands and wate…

A. Unless otherwise specifically provided herein, the following words and terms used in this Part of the sanitary code and all other Parts which are adopted or may be adopted are defined for the purposes thereof as follows. Nursing Home―a private home, institution, building, resi…