Louisiana Administrative Code

A. All reports required to be submitted to the commissioner under the Act shall be on forms approved by him and filed in accordance with schedules set by him. The commissioner may at his discretion grant extensions of time to file said reports upon good cause shown.

A. The Louisiana Oil Spill Coordinator in the Office of the Governor adopts these rules pursuant to the Oil Spill Prevention and Response Act (OSPRA), Louisiana Revised Statutes, §30:2451 et seq. These rules are applicable in the event that an unauthorized discharge of oil or a s…

A. This Chapter applies to any unauthorized discharge or substantial threat of an unauthorized discharge of oil that enters or poses a threat to land, coastal waters, or any other waters of Louisiana.

A. As used in these rules, words in the singular also include the plural and words in the masculine gender also include the feminine and vice versa, as the case may require. Any reference to "days" in this Chapter shall refer to calendar days.

A. If any section or provision of this Chapter or the application of that section or provision to any person, situation, or circumstance is determined to be invalid by a court of competent jurisdiction for any reason, such adjudication shall not affect any other section or provis…

A. The following words, terms, and phrases, when used in this Chapter, shall have the following meanings, unless the word, term, or phrase is otherwise defined in the text. Acquisition of Equivalent―the acquisition of a natural resource that provides services substantially equiva…

A. The coordinator shall promptly notify all state natural resource trustees of all reported unauthorized discharges of oil. B. After observing the characteristics of the unauthorized discharge of oil and the location of the affected natural resources, if the SOSC determines that…

A. The state trustees shall, through the unified incident command system: 1. assist each other in prioritizing protection of natural resources during any significant unauthorized discharge of oil. The trustees shall be available, throughout the response to the unauthorized discha…

A. Pursuant to R.S. 30:2480.C(6)(c), the state trustees are directed to invite the potentially responsible party to participate in natural resource damage assessment as soon as practicable and no later than the delivery of the notice of intent (see §123 of this Chapter). The stat…

A. A field investigation will be conducted to determine whether a natural resource damage assessment is necessary, and if so, the scope of the natural resource damage assessment. One or more representatives of the state natural resource trustee agencies shall initiate a field inv…

A. The state natural resource trustees may find injury to a natural resource when: 1. the natural resource was directly or indirectly exposed to oil from an unauthorized discharge of oil; and 2. there was a pathway between the natural resource and the unauthorized discharge of oi…

A. The coordinator, in consultation with the trustees, shall determine within 60 days of the written notification by the on-scene coordinator that the response is complete whether information gathered during the field investigation(s) indicates that a natural resource damage asse…

A. The coordinator, in consultation with the state natural resource trustees, shall determine within 60 days of written notification by the on-scene coordinator that the response is complete whether information gathered during the field investigation(s) indicates that a natural r…

A. The coordinator, in consultation with the state natural resource trustees, shall develop a plan for the restoration, replacement, rehabilitation and/or acquisition of the equivalent natural resources. B. Each restoration plan shall: 1. include an analysis of alternative restor…

A. The administrative record, which must be opened concurrently with issuance of the notice of intent to conduct restoration planning (as per §123 of this rule) shall contain documents relied upon by the state trustees in selecting appropriate assessment procedures and protocols …

A. Upon developing a restoration plan, the coordinator must present a written demand to the responsible party. Delivery of the demand should be made in a manner that establishes the date of receipt by the responsible party. The demand must invite the responsible party to either: …

A. A negotiated settlement is a binding agreement in which the responsible party agrees to pay the state trustees a certain amount or to perform certain restoration, rehabilitation, replacement, acquisition. The coordinator, in consideration of the responsible party's agreement i…

A. No state trustee or responsible party may invoke the jurisdiction of any court over a disputed natural resource damage assessment claim unless and until the assessment claim has been referred to mediation pursuant to this Section. B. The mediation process required by R.S. 30:2…

A. The coordinator shall give public notice through the use of the Louisiana Register, the official state journal, the official journal of the parish, and at least one newspaper of general circulation serving the impacted area at the time that a notice of intent to conduct restor…

Federal Trustee(s)―official(s) of the federal government designated, according to the Oil Pollution Act of 1990 (33 U.S.C. §2701 et seq.), §2706(b)(2), as trustees who may present a claim for and recover damages for injury to natural resources. Field Investigation―an evaluation b…

A. The release of oil into Louisiana’s coastal area presents a real and substantial threat to public health and welfare, the environment, wildlife and aquatic life, and the economy of the state. The Coastal Protection and Restoration Authority (CPRA) Board adopts these regulation…

A. This Chapter applies to any unauthorized discharge of oil, as defined in OPA and OSPRA, occurring in the Louisiana coastal area for which the NRDA trustees determine, pursuant to R.S. 30:2480, to proceed under this Chapter. The NRDA trustees may authorize the purchase of credi…

A. If any Section or provision of this Chapter or the application of that Section or provision to any party, situation, or circumstance is determined to be invalid by a court of competent jurisdiction for any reason, such adjudication shall not affect any other Section or provisi…

A. Words not defined in these regulations shall have the same definition given to them in OPA and OSPRA and accompanying regulations. In the event of a conflict between the definitions in these regulations and definitions in OPA and/or OSPRA and the accompanying regulations, the …

A. CPRA shall convene the BRT to implement the NRD Restoration Banking Program. The state trustees, or their designees, shall be standing members of the BRT. CPRA shall serve as the BRT chair. The BRT may consult with or invite other state and federal agencies (including federal …

A. In determining the eligibility of a proposed NRD restoration bank, the BRT shall consider the following factors: 1. the potential restoration bank sponsor’s compliance history, including but not limited to compliance with federal, state, parish, and local laws, rules, regulati…

A. Prior to proposing any NRD restoration bank, it is the responsibility of the sponsor to investigate any potential effect on the rights of nearby landowners. Any dealings with landowners carried out by the sponsor, including but not limited to the purchase or acquisition of pro…

A. To begin the process of establishing an NRD restoration bank, potential sponsors must submit a prospectus to the BRT chair that contains the following information: 1. potential sponsor information: a. identification of submitting party; b. domiciliary address; c. name of the a…

A. A complete restoration bank plan shall, at a minimum, contains the following components: 1. sponsor information; 2. site ownership; 3. detailed project description and work plan, including items in §115.B.2-6 above, as well as the following information: a. soil/sediment inform…

A. Components of Restoration Banking Instrument. The restoration banking instrument shall, at a minimum, contain the following components: 1. restoration bank plan; 2. provision stating that the legal responsibility for providing restoration lies with the sponsor once credits are…

A. Determining and Establishing Credits. The principal units for restoration credits are anticipated to be acres, reflecting the anticipated post-construction number of acres by habitat type and minimum performance criteria compared to pre-construction acres by habitat type and k…

A. The restoration bank plan must address the monitoring requirements for the NRD restoration bank, including those objectives and factors set out in 15 CFR §990.55(b)(2) and (3), as well as the parameters to be monitored, the length of the monitoring period, the party responsibl…

A. General Provisions 1. Financial assurance in accordance with this Section is required for NRD restoration banks under the NRD restoration banking program, except that financial assurance is not required for an NRD restoration bank proposed by a government agency that is exempt…

A. General 1. It is the sponsor’s obligation to comply with the terms of NRD restoration bank certification as set forth in the restoration banking instrument. If the BRT believes that a sponsor is out of compliance with a restoration banking instrument, it must notify the sponso…

A. An NRD bank sponsor may file an application for reconsideration with the executive director of CPRA. An application for reconsideration must be received by the executive director within 15 days of the mailing of the final decision. Applications of reconsideration shall be limi…

A. Introduction and Purpose 1. The employees of the Department of Revenue are among the state's most valuable resources, and the physical and mental well-being of our employees is necessary for them to properly carry out their responsibilities. Substance abuse causes serious adve…

A. Introduction and Purpose 1. Safeguarding federal tax information (FTI) is critically important to the continuous protection of taxpayer confidentiality as required by 26 U.S.C. 6103(p)(4) of the Internal Revenue Code and Publication 1075. The Department of Revenue will conduct…

A. The Louisiana Lottery Corporation (the "corporation") is authorized by R.S. 47:9008.A to adopt such rules and regulations as may be necessary to conduct specific lottery games and operations of the corporation. Pursuant to that grant of authority, the board of directors of the…

A. As used in the game rules, game directives and drawing directives, the following words and phrases shall have the following meanings unless the context clearly requires otherwise. Board―the Board of Directors of the Louisiana Lottery Corporation. Claim Center―a regional office…

A. These game rules authorize the corporation to offer the following on-line lottery games. 1. Pick 3 Daily Game. A game permitting a player to choose a three-digit number, the winner being determined by a drawing. 2. Lotto. A game permitting a player a choice of six numbers out …

A. The overall probability of winning any prize in a particular game (expressed as "odds" of winning as that term is commonly used in the lottery industry) will be contained in the game directive for that game and shall be included in the promotional materials for the game. The s…

A. In submitting an official on-line game ticket for validation, the player agrees to abide by applicable laws, all corporation rules, regulations, policies, directives, instructions, conditions, and final decisions of the president of the corporation.

A. The corporation shall have the right to use the names and the city or area of residence of all prize winners in on-line lottery games. The information may be used by the corporation for advertising and publicity purposes. The corporation will not make public the addresses or p…

A. No person under 18 years of age may purchase an on-line game ticket, but persons under 18 years of age may receive an on-line game ticket as a gift.

A. Retailers authorized by the corporation to sell tickets may purchase tickets and may claim prizes resulting from any tickets so purchased.

A. Each on-line lottery game will continue until such ending date as may be announced by the president. The president may suspend or terminate a game without notice if such action is deemed to be in the best interest of the corporation. No tickets for a particular game may be sol…

A. Except as provided in specific game directives, the following requirements will apply to the validation of winning on-line game tickets. 1. The validation data, number selections, and drawing date(s) printed on the ticket must be present in their entirety and must correspond w…

A. On-line lottery game prizes will be paid in accordance with game directives and retailer regulations.

A. The corporation shall pay prizes in a timely fashion but may delay making payment of any prize or installment of a prize under the following circumstances. 1. A dispute occurs or it appears that a dispute may occur relative to any prize. 2. There is any question regarding the …

A. For any prize of more than $600, the owner of the apparent winning ticket shall complete an official claim form (printed or digital) that requires the winner to provide: 1. the name of the individual or entity claiming the prize; 2. the address and city of residence of the cla…