Louisiana Administrative Code

A. Except as provided in LAC 33:VII.1001.B, this Chapter applies to: 1. owners and operators of new and existing coal combustion residuals (CCR) landfills and surface impoundments that dispose of or otherwise engage in solid waste management of CCR generated from the combustion o…

A. Terms provided in 40 CFR 257.53 are adopted by reference as of July 1, 2022, with the exception of Aquifer and Uppermost Aquifer. In addition to the definitions referenced above, the definitions listed below will be utilized for this Chapter. Act—the Louisiana Environmental Qu…

A. The department hereby incorporates by reference 40 CFR Part 257, Subpart D, Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments, July 1, 2022, except 40 CFR 257.50, 257.51, and all amendments made to the Federal regulations by the July…

A. Permitting Requirements 1. Any person who processes and/or disposes of CCR shall submit a timely permit application as required under this Chapter and shall operate in compliance with all terms and conditions of the effective permit. 2. All permit application contents listed i…

A. An application for DROP may be made when a member is eligible for retirement. B. The DROP application shall include: 1. a written acknowledgement by the member of the number of months in which they will participate in DROP; 2. a copy of the member’s birth certificate and Socia…

A. A member who has retired is not eligible to enter DROP if they become reemployed. B. A member who is approved for disability retirement is not eligible for DROP. C. A member who retires with an actuarially reduced retirement is not eligible for DROP.

A. MERS shall engage a third-party provider, selected by the board of trustees, to administer the DROP accounts of members. B. Upon a member’s completion of the DROP participation period, MERS shall transfer their DROP funds to the provider on the first business day of the month …

A. Declaratory hearings may be conducted, at the discretion of the board, upon submission of an application pursuant to R.S. 42:1141.6. B. The application shall be in writing and shall contain the following information: 1. the name, address, and telephone number of the applicant;…

A. After receipt of the application, the board or panel thereof, at its next scheduled board meeting, if the application is granted, shall fix the time and place for the hearing on the applications. B. For cause considered justifiable, the board or a panel thereof, the chairman, …

A. Except as otherwise provided in the Administrative Procedure Act, the board may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. The board may exclude incompetent, irrelevan…

A. The board, the ethics administrator, the executive secretary, and any specially designated agent of the board, shall have power to order the appearance of witnesses and to compel the production of books and papers pertinent to the issues involved in the hearing. B. Any applica…

A. The board, on request of any applicant, an attorney for an applicant or the trial attorney, shall, or on its own motion, may order that the witnesses in any hearing be excluded so as to preclude any witnesses, other than the applicants, their attorneys and the trial attorney, …

A. When applications for declaratory opinions of two or more applicants involve similar or related circumstances, the board may, on its own motion, on motion of the trial attorney or on motion of an applicant, order a joint hearing of all applicants or may order separate hearings…

A. The proceedings of all hearings shall be recorded, but shall be transcribed only upon order of the board or upon request made by an applicant therein, accompanied by proffer of such cost as may be determined by the executive secretary.

A. The travel expenses of an officer or employee of a state agency who is required to appear before the board shall be paid by the agency which employs him. B. The board may order that any person who is not an officer or employee of a state department and who is subpoenaed to tes…

A. Following the close of a hearing, the board may either render its opinion or take the matter under advisement. In either event, the board may deliberate in general or executive session for the purpose of reaching a determination. The opinion may be made orally by dictating fin…

A. Any person aggrieved may apply to the board for a rehearing, in writing, within 10 days from the date the board's decision becomes final. The grounds for an application for a rehearing shall be that: 1. the opinion is clearly contrary to the law and the evidence; 2. the party …

D. The executive secretary shall notify the applicant, or his counsel, of the board's decision, in writing, within 10 days of the board's final decision.

A. Louisiana Revised Statute 47:287.732.2, allows S corporations, and other entities taxed as partnerships for federal income tax purposes, to make an election to be taxed in the same manner as if the entity was required to file a tax return with the Internal Revenue Service as a…

A. This Chapter establishes requirements for notices, instructions, and reports by licensees or registrants to individuals engaged in work under a license or registration and options available to such individuals in connection with department inspections of licensees or registran…

A. Unless specifically provided otherwise by these regulations, each licensee or registrant shall post current copies of the following documents: 1. the regulations in this Chapter, LAC 33:XV.Chapter 4, and all applicable regulations; 2. the license, certificate of registration, …

A. All individuals who, in the course of employment, are likely to receive in a year an occupational dose in excess of 100 mrem (1 mSv) shall be: 1. kept informed of the storage, transfer, or use of sources of radiation in the licensee's or registrant's workplace; 2. instructed i…

A. Radiation exposure data for an individual and the results of any measurements, analyses, and calculations of radioactive material deposited or retained in the body of an individual shall be reported to the individual as specified in this Section. The information reported shall…

A. Any state agency, department, board or commission, desiring to cut down or remove any tree or trees 10" diameter-breast-height or larger must first submit a request for approval to the Louisiana Department of Agriculture and Forestry, Office of Forestry, Box 1628, Baton Rouge,…

A. The Louisiana Department of Agriculture and Forestry has 30 days in which to respond in writing to the written request. If no response is heard within 30 days, approval is automatically granted.

A. The Louisiana Department of Agriculture and Forestry can inspect the site and make written recommendations to include alternatives to removing the trees, species, location and numbers of replacement trees and recommendations concerning planting and after care of planted trees.…

A. An appeal process is available, if the state agency, department, board or commission for some reason cannot comply with the recommendations of the Louisiana Department of Agriculture and Forestry, then a representative can appeal to the state forester or commissioner of the De…

A. Required tree planting shall be completed during the next planting season after the removal of the trees. The Louisiana Department of Agriculture and Forestry can check tree planting survival up to three years after planting and require replacement of any losses.

A. On developed sites around buildings and along highway rights-of-way, a minimum tree size for planting is 1 inch caliper and 5 feet tall. The Louisiana Department of Agriculture and Forestry can require larger planting stock when deemed necessary for adequate survival. Seedling…

A. The Louisiana Department of Agriculture and Forestry may require the use of a landscape architect in certain projects where their services are deemed necessary to ensure adequate attention to sensitive design considerations.

A. Any agency or department owning or controlling commercial forest land and desirous to harvest timber from this land is required by Act 211, 1987 Regular Legislative Session, to contact the Office of Forestry for assistance in developing a forest management plan for the acreage…

A. Any agency planning to develop a site that contains existing trees must include the intent of Act 176 in the planning process of the project before any clearing of existing trees takes place. Assistance can be obtained from the Office of Forestry personnel to: locate, identify…

A. Scope. The provisions of this Chapter shall govern the materials and installation of traps. B. Trap Seal. Each fixture trap shall have a water seal of not less than 2 inches (51 mm) and not more than 4 inches (102 mm), except where a deeper seal is required by the plumbing off…

A. Trap Size. The size (nominal diameter) of a trap for a given fixture shall be sufficient to drain the fixture rapidly but in no case less than given in Table 723.A of this code. B. Relation to Fixture Drains. A trap shall not be larger than the fixture drain to which it is con…

A. When required. Interceptors or separators shall be provided for the proper handling of liquid wastes containing grease, oil, flammable waste, sand, solids or other ingredients harmful to the building drainage system, the sewerage system or sewage treatment plant or processes e…

Approved⎯approved in writing by the designated representative of the State Health Officer. Non-Toxic Materials⎯materials which are free of substances which may render the water injurious to health or which may adversely affect the flavor, color, odor or microbiological quality of…

A. Each water vending machine operator shall: 1. obtain a permit for each water vending machine operated; 2. install each water vending machine to a potable water supply in accordance with the State Sanitary Code and any applicable, local plumbing codes; 3. operate and maintain a…

A. Each person desiring to operate a water vending machine in Louisiana shall, prior to such operation, apply to the State Health Officer for a permit. B. Any application for a permit shall be on a form as prescribed by the State Health Officer and shall contain the following: 1.…

A. All parts and surfaces of the water vending machines shall be maintained in clean condition by the water vending operator. The vending chamber and vending nozzle of each machine shall be cleaned and sanitized each time the machine is serviced. A record of cleaning and maintena…

A. Each licensee or registrant shall afford to the department, at all reasonable times, opportunity to inspect materials, machines, activities, facilities, premises, and records pursuant to LAC 33:XV. B. During an inspection, department inspectors may consult privately with worke…

A. Department inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of the Louisiana Radiation Protection Regulations (LAC 33:XV) and licenses to the extent the inspectors deem nece…

A. Any worker or representative of workers believing that a violation of the act, LAC 33:XV, or license conditions exists or has occurred in work under a license or registration with regard to radiological working conditions in which the worker is engaged may request an inspectio…

A. Notification to Complainant and Informal Review 1. If the department determines, with respect to a complaint filed under LAC 33:XV.1016, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists, is occurring, or has occurre…

Abuse— 1. the willful infliction of physical or mental injury; 2. causing deterioration by means including, but not limited to: a. sexual abuse; b. exploitation; or c. extortion of funds or other things of value to such an extent that the resident's health, moral or emotional wel…

A. All nurse aide training and competency evaluation programs shall be approved by the department. B. Training and competency evaluation programs may be provided by: 1. community colleges; 2. vocational-technical programs; and 3. other educational entities. C. Nursing facilities …

A. Individuals applying for nurse aide certification shall complete the application form designated by the department and submit documentation as deemed necessary by the department to determine eligibility. B. Registered nurses (RNs) and licensed practical nurses (LPNs) who have …

A. Training Curriculum 1. Providers applying to have a training program after the effective date of this Rule shall use one of the state approved curriculums or any subsequent editions issued by the publisher or any future state approved curriculums. 2. The curriculum shall be a …

A. Program Coordinator. Every nurse aide training program shall have a program coordinator who provides general supervision of the training received by the nurse aide trainees. 1. The program coordinator shall be a registered nurse (RN) and shall have the following experience and…

A. Each nurse aide trainee shall be at least 16 years old. B. Each nurse aide trainee shall be clearly identified as a trainee at all times during clinical training. Identification shall be recognizable to residents, family members, visitors and staff. C. Each nurse aide training…

A. Written or oral examinations shall be provided by an entity or organization approved by the department. The examination shall reflect the content and emphasis of the training program and shall be developed in accordance with accepted educational principles. B. The written eval…