Louisiana Administrative Code

A. All surface water or GWUDISW utilized by a supplier shall be provided with continuous disinfection treatment sufficient to ensure that the total treatment process provides inactivation of Giardia cysts and viruses, in conjunction with the removals obtained through filtration, …

A. All new treatment and disinfection facilities (and any existing treatment and disinfection facilities which undergo substantial renovation) shall be designed and constructed to meet the existing state sanitary code as modified by the requirements contained herein. B. All new f…

A. Source Water Turbidity Monitoring. Each supplier using surface water or GWUDISW as a source of water supply shall monitor the turbidity level of the raw water source by taking and analyzing no less than one grab sample per day. Continuous turbidity monitoring may be substitute…

A. CT Parameters Monitoring. To determine compliance with disinfection inactivation requirements specified in Table 2 of §1115.B.1 of this Chapter, each supplier shall develop and conduct a monitoring program to measure those parameters that affect the performance of the disinfec…

A. All public water systems using surface water or GWUDISW as its source of water supply and serving at least 10,000 individuals shall perform a disinfection profile of its disinfection practice on a continuous, daily basis. All public water systems using surface water or GWUDISW…

A. Suppliers using surface water or GWUDISW as the source of water supply which decide to make a significant change to its disinfection practice shall submit plans and specifications to DHH for review and approval (in accord with the requirements of §105 of this Part) prior to ma…

A. All treatment plants utilizing surface water or GWUDISW shall be operated by certified operators in accord with LAC 48:V.Chapter 73. B. Filtration facilities shall be operated in accordance with the following requirements. 1. Conventional and direct filtration treatment plants…

A. All agency requests for telecommunications systems and/or telecommunications services must be submitted on the appropriate forms to the Office of Telecommunications Management.

A. The program will require each eligible donee, as a condition of eligibility, to file with the program office an Application, Certification and Agreement form outlining the certifications, and agreements, and the terms, conditions, reservations, and restrictions under which all…

A. The program may amend, modify, or grant release of any term, condition, reservation, or restriction it has imposed on donated items of personal property, in accordance with the standards prescribed in this plan, provided that the conditions pertinent to each situation have bee…

A. The administrative authority shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the administrative authority, up to the limit of funds provided by the financial assurance mechanism, into the standby trust u…

A. An owner or operator is no longer required to maintain financial responsibility under this Chapter for an underground storage tank after the tank has been permanently closed or undergoes a change-in-service, or, if corrective action is required, after corrective action has bee…

A. Effective for dates of service on or after June 20, 2023, the Medicaid Program provides coverage for tobacco cessation counseling services to beneficiaries who use tobacco products or who are being treated for tobacco use.

A. Tobacco cessation counseling services shall be reimbursed by the Medicaid Program when rendered by the beneficiary’s primary care provider (PCP) or other appropriate healthcare professionals. Beneficiaries may receive up to four tobacco cessation counseling sessions per quit a…

A. The entity seeking reimbursement for tobacco cessation counseling services must be an enrolled Medicaid provider.

A. Purpose 1. The Louisiana Department of Transportation and Development (LADOTD) has a responsibility to design, operate and maintain highway facilities that are reasonably safe and efficient for prudent drivers using the highway system. At the same time DOTD must allow all prop…

A. This regulation shall apply to the establishment, promulgation, implementation and administration of a plan for statewide emergency intrastate natural gas conservation, allocation or rationing pursuant to Part IV of the Act. B. The policy of the state of Louisiana, pursuant to…

A. This regulation shall apply to the gathering, analysis, maintenance and publication of information on intrastate natural gas pipelines, transporters, distributors, and users of natural gas, pursuant to Sections 546.A.(5) and 550 of the Act. B. All information required by this …

A. Treatment shall be by one of the following. 1. [Formerly paragraph 27:025-1] Incineration‑to consume waste by burning under conditions in conformance with the standards prescribed by the Louisiana Department of Environmental Quality and other laws, rule and regulations as may …

A. The standards for parent representation in child in need of care cases are intended to serve several purposes. First and foremost, the standards are intended to encourage district public defenders, assistant public defenders and appointed counsel to perform to a high standard …

A. The primary and most fundamental obligation of an attorney representing a parent in a child in need of care or a termination of parental rights case is to provide zealous and effective representation for his or her client at all stages of the process. The defense attorney's du…

A. Before agreeing to act as counsel or accepting appointment by a court, counsel has an obligation to make sure that counsel has available sufficient time, resources, knowledge and experience to offer effective representation to a parent in a child in need of care or termination…

A. In order to provide quality legal representation, counsel shall be familiar with the substantive juvenile law and the procedure utilized in child in need of care proceedings, including but not limited to Title VI of the Louisiana Children's Code (La. Ch.C. Articles 601 et seq.…

A. Counsel should understand and protect the parent's rights to information and decision-making while the child is in the custody of the state. The parent's attorney shall explain to the parent what decision-making authority remains with the parent and what lies with the child we…

A. Counsel, upon notice of appointment, should actively represent a parent prior to the filing of the petition in a case. 1. The parent's attorney should counsel the client about the client's rights in the investigation stage as well as the realistic pros and cons of cooperating …

A. Preparing for the Initial Interview 1. Prior to conducting the initial interview the attorney should, where possible: a. be familiar with the allegations against the client; b. obtain copies of any relevant documents which are available, including copies of any reports made by…

A. Counsel shall act in accordance with the duty of loyalty owed to the client. Attorneys representing parents should show respect and professionalism towards their clients. Parents' attorneys should support their clients and be sensitive to the client's individual needs. Attorne…

A. Counsel has a duty to conduct a prompt, reasonable and independent investigation at every stage of the proceeding of each case. Counsel should investigate whether the allegations of abuse and/or neglect and disposition are factually and legally correct and the client is aware …

A. The parent's attorney should review the child welfare agency case file as early during the course of representation as possible and periodically thereafter. B. The parent's attorney should obtain all necessary documents, including copies of all pleadings and relevant notices f…

A. The parent's attorney should use formal discovery methods to obtain information and inspect evidence as permitted by La. Ch.C. Art. 652. B. Counsel should consider seeking discovery, at a minimum, of the following items: 1. potential exculpatory information; 2. potential mitig…

A. During investigation and trial preparation, counsel should develop and continually reassess a theory of the case and strategy to follow at hearings and negotiations. B. Counsel for parents should engage in case planning and advocate for appropriate social services using a mult…

A. Prior to the entry of a stipulation, counsel should: 1. make certain that the client understands the rights he or she will waive by entering the stipulation and that the client's decision to waive those rights is knowing, voluntary and intelligent; 2. make certain that the cli…

A. At the continued custody hearing, counsel for a parent should take steps to see that the hearing is conducted in a timely fashion pursuant to La. Ch. C. Art. 624, unless there are strategic reasons for not doing so. B. In preparing for the continued custody hearing, the attorn…

A. Where appropriate, counsel should have the following materials available at the time of adjudication: 1. copies of all relevant documents filed in the case; 2. relevant documents prepared by investigators; 3. cross-examination plans for all possible prosecution witnesses; 4. d…

A. In accordance with La. Ch.C. Art. 407, the parent's attorney should be aware of who is in the courtroom during a hearing and should request the courtroom be cleared of individuals not related to the case when appropriate. B. The attorney should be attuned to the client's comfo…

A. Counsel should attempt to anticipate weaknesses in the prosecution's case and consider researching and preparing corresponding motions to dismiss. B. Counsel should consider the advantages and disadvantages of entering into factual stipulations concerning the prosecution's cas…

A. Counsel should develop, in consultation with the client, an overall defense strategy. In deciding on defense strategy, counsel should consider whether the client's interests are best served by not putting on a defense case, and instead relying on the prosecution's failure to m…

A. Counsel for a parent, regarding the disposition process, should: 1. where a respondent chooses not to proceed to adjudication, ensure that a stipulation agreement is negotiated with consideration of the dispositional implications; 2. ensure the client is not harmed by inaccura…

A. In preparing for disposition, counsel should consider the need to: 1. inform the client of the dispositional alternatives, and the likely and possible consequences of those alternatives; 2. maintain regular contact with the client prior to the disposition hearing, and inform t…

A. Counsel should attempt to determine, unless there is a sound tactical reason for not doing so, whether the prosecution/agency will advocate that a particular disposition be imposed.

A. Counsel should be prepared at the disposition hearing to take the steps necessary to advocate fully for the requested disposition and to protect the client's interest. B. In the event there will be disputed facts before the court at the disposition hearing, counsel should be p…

A. Counsel should be aware of and advise the client of the gravity and potential permanent effects of a termination of parental rights petition. A termination of parental rights ruling has a serious impact as the parent can lose all rights to visitation, custody, and contact with…

A. After any hearing, the parent's attorney should review the written order to ensure it reflects the court's verbal order. B. If the order is incorrect, the attorney should take whatever steps are necessary to correct it. C. Once the order is final, the parent's attorney should …

A. Counsel should be familiar with the procedures available to request a rehearing including the time period for filing such a motion, the effect it has upon the time to file a notice of appeal, and the grounds that can be raised. B. When the court has adjudicated the subject chi…

A. The parent's attorney should answer the parent's questions about obligations under the order and periodically check with the client to determine the client's progress in implementing the order. B. If the client is attempting to comply with the order but other parties, such as …

A. The parent's attorney should consider and discuss with the client the possibility of appeal when a court's ruling is contrary to the client's position or interests. B. The attorney should counsel the client on the likelihood of success on appeal and potential consequences of a…

A. If the client decides to appeal, counsel should timely and thoroughly file the necessary post-hearing motions and paperwork related to the appeal and closely follow the jurisdiction's rules of appellate procedure. B. The appellate brief should be clear, concise, and comprehens…

A. The attorney should request an expedited appeal, when feasible, and file all necessary paperwork while the appeal is pending. B. The attorney should provide information about why the case should be expedited, such as any special characteristics about the child and why delay wo…

A. The parent's attorney should communicate the result of the appeal and its implications. B. The parent's attorney should provide the client with a copy of the appellate decision. C. If, as a result of the appeal, the attorney needs to file any motions with the trial court, the …

A. The Centers for Medicare and Medicaid Services approved LDH to enter into state supplemental rebate agreements with pharmaceutical manufacturer(s). LDH may enter into an agreement with a pharmaceutical manufacturer to obtain a rebate(s) in addition to federal rebates pursuant …