Louisiana Administrative Code

A. Operation of drones or unmanned aerial vehicles (UAV) is prohibited on department-administered lands including wildlife refuges and wildlife management and habitat conservation areas. B. Airboats, aircraft, personal watercraft, “mud crawling vessels” (commonly referred to as c…

A. No person or firm shall dredge fill material, sand or gravel from water bottoms of this state without a license from the Department of Wildlife and Fisheries. B. The fee for such license shall be set at $25 for a noncommercial license and $50 for a commercial license. The lice…

A. Holders of a class A, B, D or E licenses shall notify the department, in writing, their intent to begin dredging. Notification shall include anticipated beginning and ending dates of dredging activity. B. Holders of a class A or B license shall file a monthly report, on forms …

A. The department reserves the right, and the said licensee so agrees, to permit the department’s authorized representatives to examine any and all of the licensee’s books, records and memoranda of whatever nature, pertaining to or having connection whatever with the removal or s…

A. Any person or firm found to be dredging without, or in violation of a validly issued license from this department shall be subject to criminal and civil penalties pursuant to R.S. 56:2012, et seq.

A. The proper expansion of Medicare supplement insurance coverage is in the public interest. Appropriate advertising can broaden the distribution of insurance among those eligible for Medicare. Advertising can increase the awareness of beneficial forms of coverage and thereby enc…

A. This rule shall apply to any advertisement of Medicare supplement insurance as that term is defined herein, unless otherwise specified in these rules, which the insurer knows, or reasonably should know, is intended for presentation, distribution, or dissemination in this state…

O. Some states require approval of the application even when the application is not attached to the policy when issued. The rule does not change such a requirement. The text of this guideline should be modified to reflect the rule applicable in the particular state. P.1. Advertis…

F.1. The rule must be applied in conjunction with §101.E and §105 of the rules. The rule refers specifically to format and content of the advertisement and the overall impression created by the advertisement. This involves factors such as, but not limited to, the size, color, and…

A. The format and content of a Medicare supplement insurance advertisement shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Whether an advertisement has a capacity or tendency to mislead or deceive shall be determined …

A. Deceptive Words, Phrases or Illustrations Prohibited 1. No advertisement shall omit information or use words, phrases, statements, references, or illustrations if the omission of such information or use of such words, phrases, statements, references, or illustrations has the c…

A. An advertisement which is an invitation to contract shall disclose the provisions relating to renewability, cancellability, and termination and any modification of benefits, losses covered, or premium because of age or for other reasons, in manner which shall not minimize or r…

A. Testimonials and endorsements used in advertisements must be genuine, represent the current opinion of the author, be applicable to the policy advertised, and be accurately reproduced. The insurer, in using a testimonial or endorsement, makes as its own all of the statements c…

L.1. An advertisement which is an invitation to contract, as defined in §105, must recite the exceptions, reductions, and limitations, as required by the rule and in a manner consistent with

A. An advertisement shall not directly or indirectly make unfair or incomplete comparisons of policies or benefits or comparisons of non-comparable policies of other insurers, and shall not disparage competitors, their policies, services, or business methods and shall not dispara…

A. An advertisement which is intended to be seen or heard beyond the limits of the jurisdiction in which the insurer is licensed shall not imply licensing beyond those limits. B. An advertisement shall not create the impression, directly or indirectly, that the insurer; its finan…

A. The name of the actual insurer shall be stated in all of its advertisements. The form number or numbers of the policy advertised shall be stated in an advertisement which is an invitation to contract. An advertisement shall not use a trade name, any insurance group designation…

A. An advertisement of a particular policy shall not state or imply that prospective insureds become group or quasi-group members covered under a group policy, and as such, enjoy special rates or underwriting privileges, unless such is the fact. B. This regulation prohibits the s…

A.1. An advertisement of an individual policy shall not directly, or by implication, represent that a contract or combination of contracts is an introductory, initial, or special offer, or that applicants will receive substantial advantages not available at a later date, or that …

A. An advertisement shall not contain statements which are untrue in fact, or by implications, misleading with respect to the assets, corporate structure, financial standing, age, or relative position of the insurer in the insurance business. An advertisement shall not contain a …

A. Advertising File 1. Each insurer shall maintain at its home or principal office a complete file containing every printed, published, or prepared advertisement of its individual policies and typical printed, published, or prepared advertisements of its blanket, franchise, and g…

A. If any Section or portion of a Section of these rules, or the applicability thereof to any person or circumstance is held invalid by a court, the remainder of the rules, or the applicability of such provision to other persons or circumstances, shall not be affected thereby.

A. This rule shall be effective upon final publication.

A. Disclosure is one of the principal objectives of the rules and §137 states specifically that the rules shall assure truthful and adequate disclosure of all material and relevant information. The rules specifically prohibit some previous advertising techniques. B. These rules a…

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. …

Additive―any substance added to fertilizer in small amounts. Adulteration―any situation: 1. where a commercial fertilizer contains any material which is not specifically declared to be a component of the fertilizer; 2. where materials which are likely to cause injury or damage to…

A. Every guarantor who manufactures, sells, or offers fertilizer for sale under his brand or company name within the state of Louisiana shall be registered with the commission. Fertilizer processed or manufactured in Louisiana and offered for sale or distributed solely outside th…

A. When minor elements, pesticides, and/or seeds are added, the label, tag, or printed invoice shall contain the following: 1. guarantee of the fertilizer (percent by weight) before the addition of minor elements, pesticides and/or seeds; 2. amount per ton of minor elements, pest…

A. Guarantees of the plant nutrients shall be expressed as percent by weight. B. Guarantees on the basis of weight per unit of area (i.e., units/acres) will not be permitted. C. Every mixed fertilizer shall contain a minimum of20 percent by weight of the primary nutrients, nitrog…

A. The guarantor may add minor elements, pesticides, and/or seeds at the request of the purchaser. When such additions are made, the guarantor shall provide information to the Department of Agriculture and Forestry on the types and amounts of materials added. This information is …

A. Sampling of fertilizer is the responsibility of the director of Agricultural Chemistry Programs of the Department of Agriculture and Forestry. B. All samples of fertilizer that are shipped or stored in bulk shall be composite samples. C. When taking a composite sample, the ins…

A. The state chemist is responsible for chemical analysis of all samples of fertilizer. B. All samples received in the laboratory shall be reduced to approximately 0.5 pounds for chemical analysis by splitting the sample in accordance with A.O.A.C. procedures. C. In analysis of f…

A. The commission shall levy penalties as set forth in R.S. 3:1419, against the guarantor of any lot or package of fertilizer found by chemical analysis to be deficient in the primary plant nutrients, as follows. Element Percent by Weight Guaranteed Deficiency Penalty Nitrogen 0.…

A. When the penalty is paid by the guarantor to the purchaser, the guarantor shall provide proof of such payment to the commission within 30 days of the date on which the notice of the penalty is mailed to the guarantor. A copy of the check payable to the purchaser shall constitu…

A. Fertilizers which are found to be deficient may be recalled from the stream of commerce by the guarantor subject to the following provisions. 1. Prior to action to retrieve the deficient product, the guarantor shall notify the director of Agricultural Chemistry Programs and se…

A. The commissioner shall issue a stop sale order to prevent the sale of any fertilizer which is not registered as required herein. B. In case of a violation of these rules, the commissioner shall issue a stop sale order to prevent any further sale, movement or disturbance of the…

A. A registrant shall be placed on probation by the commission when 25 percent of the official samples taken from a single registrant during one year are found to be deficient; provided that a minimum of four samples and at least 2 percent of the total tonnage sold during that ye…

A. Subject to an adjudicatory hearing, the commission may cancel the registration of any guarantor who fails to reduce the overall deficiency of his product to less than 20 percent by the end of the year of probation. B. Upon proper hearing, the commission may cancel the registra…

A. Appeals Concerning Method of Taking Samples 1. If the guarantor, or his agent, objects to the manner in which an agricultural inspector takes a sample, the guarantor or his agent shall make his objections known immediately to the inspector. 2. If the guarantor, or his agent, a…

A. Information concerning the amount of fertilizer sold and the business practices of registrants which is obtained from tonnage reports shall be kept confidential and shall not be revealed to the public or to other registrants by the commission, the commissioner, nor any employe…

A. Purpose. This department regulation establishes the secretary's policy and procedures for access to and release of active and inactive offender records. B. Applicability. Deputy Secretary, Chief of Operations, Undersecretary, Assistant Secretary, Regional Wardens, Wardens, Dir…

A. Purpose. To state the secretary’s policy regarding air traffic at correctional institutions. B. Applicability―deputy secretary, chief of operations, regional wardens and wardens. Each warden is responsible for ensuring that appropriate unit written policy and procedures are in…

A. Purpose—to facilitate the identification and management of those offenders who may be sexually violent predators and/or child sexual predators and to develop written policy and procedures for the sex offender assessment panels consistent with statutory requirements, public saf…

A. In the state of Louisiana, title 10, chapter 9 was enacted as the Uniform Commercial Code, secured transactions (hereinafter referred to as the UCC). The UCC implemented provisions of article 9 with regard to the notice filing approach under which an abbreviated notice is file…

A. The proper place to file in order to perfect a security interest is with the clerk of court of any parish. B. It is only necessary to file in one parish to properly perfect a security interest, notwithstanding the location of the collateral, the location of the debtor, or the …

A. To be effective, a financing statement must: 1. give the debtor's name and mailing address: a. a financing statement sufficiently shows the name of the debtor if it gives the individual (if the debtor is an individual to whom Louisiana has issued a driver’s license that is not…

A. Under the UCC, the notice to be filed with the filing officer is called a financing statement. The approved Form UCC-1 measures 8 1/2 by 11 inches. All filing officers will accept these standard forms. Failure to use Louisiana’s Form UCC-1 renders the filing subject to the non…

A. All filings required by the UCC shall be made by presenting the appropriate documents and tendering the required fees to any of the 64 filing officers. Filings may be made in person, by mail, or by fax machine pursuant to §107.D herein. Payment of the fees shall be made in any…

A. If more than one debtor name is set forth in the financing statement or other statement, all debtors, including any listed trade names, will be entered into the secretary of state's master index. If an attachment is required to complete the debtor name listing, please indicate…