Louisiana Administrative Code

A. Department head or his designee shall: 1. approve or reject requests for solicitation authorization presented only by designated coordinators of approved statewide vendors; 2. confirm with the vendor administrative coordinator (and/or Louisiana Department of Insurance when app…

A. Data, information, reports, or any other services provided to any vendor or any other party by the LaGov HCM payroll system or other state payroll system may be subject to payment of a fee for the cost of providing said data, information, reports, and/or services in accordance…

A. Any vendor and/or any vendor representative participating in deduction debarred from participating for any reason by a department/agency or OSUP shall have the right to have that action reviewed by filing a written request for review with the department head of the department/…

DEPARTMENT REQUEST FOR PAYROLL DEDUCTION VENDOR In accordance with the rule governing payroll deductions, Title 4 (Chapter 1, §106.D.2.d), I,_________________________________________________,________________________________________, on behalf of the NAME (Print) TITLE employees o…

A. The official legal codification published pursuant to R.S. 49:954.1 shall be known as the Louisiana Administrative Code.

A. Without prejudice to any other mode of citation, the Louisiana Administrative Code may be cited by Title, Part and Section number. The preferred short form of citation of the Louisiana Administrative Code is "LAC." Thus, "LAC 35:XI.315" refers to Section 315 of Part XI of Titl…

A. The Louisiana Administrative Code is arranged as follows. 1. The Louisiana Administrative Code is divided into titles which are subdivided as follows: a. Parts, identified by Roman numerals, with a new sequence of numerals beginning in each Title; b. Subparts, identified by Ar…

A. Titles, Parts, Chapters, Subchapters and Sections will have a heading. This heading will not govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of the Louisiana Administrative Code. These headings are merely an explanation of what is…

A. Except as otherwise stated in any Title, Part, Chapter, Subchapter, or Section of the Louisiana Administrative Code, the present tense includes the past tense and future tense, and the future, the present tense; the masculine gender includes the feminine and neuter, the femini…

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. …

A. This Part may be cited as the Louisiana GUMBO Broadband Grant Program Guide. B. The Louisiana Office of Broadband Development and Connectivity, as authorized by R.S. 51:2370.1-2370.16, provides grants to private providers of broadband services to facilitate the deployment of b…

BEAD—the Broadband Equity, Access, and Deployment Program, as administered by the National Telecommunications and Information Administration. Broadband Service—deployed internet access service with a minimum of 25 Mbps download and 3 Mbps upload transmission speeds (25:3 Mbps). C…

A. In accordance with R.S. 51:2370.14(C), grants solicited and awarded pursuant to the GUMBO program shall not be subject to the provisions of the Louisiana Procurement Code, R.S. 39:1551 et seq., or the Public Bid Law, R.S. 38:2181 et seq. B. The procurement method used by the o…

A. People with disabilities may request access to and participation in public meetings via electronic means for any public bodies within the DOA. B. People with disabilities are defined as any of the following: 1. a member of the public with a disability recognized by the America…

Agricultural Operation—the commercial production, storage, or processing of any agronomic, floricultural, horticultural, vitacultural, silvicultural, or aquacultural crop or product. Agricultural Crossing—a private road, street, lane, or path by which vehicles or equipment used i…

A. The commissioner may order a railroad corporation to keep a private crossing open or to immediately restore and keep in good repair a private crossing closed by the railroad corporation upon written request by a person eligible to make such a request if the commissioner determ…

A. No person may make a request for an order to keep a private crossing open or to reopen a private crossing unless the person owns, leases, or otherwise has legal use or possession of land that is split by a railway or has no other practical access to that person’s private rural…

A. The written request shall be made to the commissioner of agriculture and forestry, 5825 Florida Boulevard, Baton Rouge, LA 70806 and shall be signed by the person submitting the request. The request shall include the following information: 1. the name, physical address, mailin…

A. Upon receipt of a written request for an order to stop the closure of a private crossing or to reopen the crossing, the commissioner shall provide the appropriate railroad corporation with a copy of the request. B. The railroad corporation shall have 30 calendar days from the …

A. The commissioner’s order granting or denying the request shall be in writing and shall be provided to the person making the request and the railroad corporation by certified U.S. Mail, return receipt requested, or by a commercial courier that provides a delivery receipt. B. An…

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. 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…

A. With the exception of transmitting utility filings presented in the format required by §107 herein, a financing statement is effective for a period of five years from the date of filing. Transmitting utility filings properly presented for filing are effective until a terminati…

A. Filings relating to changes affecting the initial financing statement have been consolidated and incorporated into a single standard form for Louisiana prescribed by the secretary of state called Uniform Commercial Code, amendment form (Form UCC-3). This single composite form …

A. The procedural rules set forth in §107 and §109 herein governing the use of prescribed forms and presentation of Form UCC-1 filing are incorporated by reference herein and must be followed in the presentation of Form UCC-3 or other statement changing the status of an initial f…

A. Any subsequent filings affecting an initial UCC financing statement must be filed in the parish in which the initial UCC financing statement was filed. B. Filings erroneously directed to a parish other than that in which the initial financing statement was filed shall be rejec…

A. Any Form UCC-3 filing changing the initial financing statement must: 1. give the name and address (as applicable), of each debtor as it appears on the initial financing statement or the most recent filing; 2. give the name and mailing address (as applicable), of the secured pa…

A. Continuation Statement 1. A filed financing statement is effective for a period of five years. No exception is made for a stated maturity date of less than five years. A security interest ceases to be perfected unless a continuation statement is filed prior to the expiration d…