Louisiana Administrative Code

A. A certificate of registration-permit shall be issued upon receipt of an application provided that no certificate of registration-permit be issued until inspection has been made of the tanning facility and it has been found to be operating in compliance with the provisions of t…

A. The registrant shall file applications for renewal of certificate of registration-permit on forms provided by the department. The application shall be sent to the mailing address of the principal registrant listed on the last application for registration-permit submitted. B. A…

A. The registrant shall notify the department in writing before making any change which would render the information contained in the application for certificate of registration-permit inaccurate. Notification of changes shall include information required by R.S. 40:2705(D)1, 2, …

A. No certificate of registration-permit may be transferred from one person to another or from one tanning facility to another tanning facility.

A. A tanning facility may not claim or distribute promotional materials that claim use of a tanning device is safe or free from risk. B. No person shall state or imply that any activity under such certificate of registration-permit has been approved by the department. C. No perso…

A. The department may deny, suspend, or revoke a certificate of registration-permit applied for or issued pursuant to these regulations: 1. for any material false statement in the application for certificate of registration-permit or in any statement of fact required by provision…

A. Tanning devices used by a tanning facility shall comply with 21 Code of Federal Regulations (CFR) part 1040.20, sunlamp products and ultraviolet lamps intended for use in sunlamp products. B. Except as otherwise ordered or approved by the department, each tanning facility shal…

A. The registrant shall conspicuously post the warning sign described in Subsection B of this Section within three feet of each tanning station and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment or other object, and can be easily viewe…

A. Equipment used in tanning facilities shall conform to the standards set forth in R.S. 40:2711(A) through (D) as well as the following. 1. Tanning equipment booths or rooms shall be of rigid construction. 2. Wall surfaces within booths or rooms shall be easily cleanable and sha…

A. Tanning booths designed for stand-up use shall also comply with the requirements of R.S. 40:2712.

A. Each tanning facility shall provide an ample supply of potable hot and cold water, under pressure for drinking, cleansing, washing or other purposes. Such water supply shall not be cross connected to any other supply. B. Each tanning facility shall provide toilet and hand wash…

A. Rubbish, trash, and other debris including used or burned out tanning lamps shall be so conveyed, stored and disposed of as to minimize the development of odor and to prevent harborage of vermin.

A. Each tanning facility must be operated under the requirements set forth by R.S. 40:2713. B. Each tanning facility shall establish and adhere to effective procedures for cleaning and sanitizing each tanning bed or booth as well as protective eyewear before and after use of such…

A. Each tanning facility operator shall provide each consumer, prior to initial exposure, a written warning statement as required by R.S. 40:2714(A). Such warning statements shall be signed by each consumer and maintained permanently on file at the tanning facility. A copy of the…

A. The registrant shall submit to the department a written report of actual or alleged injury from the use of registered tanning equipment within five working days after occurrence or notice thereof as required by R.S. 40:2714(D). The report shall include: 1. the name of the affe…

A. Defective and burned out lamps, bulbs, or filters shall be replaced in accordance with R.S. 40:2714(F) and (G).

A. The registrant shall certify that all tanning equipment operators are adequately trained in at least the following: 1. the requirements of these regulations; 2. procedures for correct operation of the tanning facility and tanning equipment; 3. recognition of injury or overexpo…

A. In order to effect the enforcement of these regulations, officers or employees duly authorized by the department or the state health officer, after making reasonable request, may enter any registered or unregistered tanning facility and inspect all tanning booths, rooms, tanni…

A. Criminal penalties or injunctions may be imposed upon a tanning facility operator as provided by 40:2716 and 40:2717 of the Act.

A. Participants shall be eligible for Medicaid payment of the PACE premium on their behalf if they meet the categorically needy income and resource criteria for Medicaid eligibility for nursing facility and Home and Community Based Services waiver services. B. Participants are el…

A. Any person eligible to receive, or receiving a benefit from MERS may renounce such benefit under the following terms and conditions: 1. the renunciation shall be unconditional and irrevocable. Once a benefit is renounced, MERS shall have no further obligation or liability with…

A. The following terms as used in this Chapter shall have the following meaning. Apprentice―a trainee who works under the direct supervision of a repossession agent. Approved Association―the National Finance Adjusters, Inc., Allied Finance Adjusters Conference, Inc., Time Adjuste…

A. No person shall engage in business as a repossession agency, qualifying agent or repossession agent in this state without first filing an application, paying a non-refundable application fee, and obtaining a license from the commissioner. Every application for a license shall …

A. Annually by November 1 each repossession agency, qualifying agent, repossession agent, and apprentice shall file a renewal application and with the exception of the qualifying agent pay a non-refundable renewal fee. 1. An annual renewal application received by the commissioner…

A. All fees are non-refundable. 1. License Application Fee a. Repossession Agency (which includes qualifying agent)―$1500 b. Repossession Agent―$400 c. Apprentice―$400 2. License Renewal Application Fee and Late Payment Penalty a. Repossession Agency (which includes qualifying ag…

A. Repossession Agency 1. A repossession agency shall at all times be responsible for those actions of its employees, including its manager, performed in violation of state law and this Chapter when acting within the course and scope of his or her employment. 2. A repossession ag…

A. If personal effects not covered by a security agreement, are contained in or on collateral at the time it is recovered, the effects shall be removed from the collateral subject to the security interest, a complete and accurate inventory shall be made, and the personal effects …

A. The commissioner shall have the power to examine all books, records, and accounts of all persons regulated under this Chapter. B. Each repossession agency required to be licensed under this Chapter shall maintain in its offices such books, records, and accounts of its reposses…

A. A repossession agent shall not: 1. use a name other than that which is on its license; 2. contract with a secured party for self-help repossession who is not authorized by the Additional Default Remedies Act to use the provisions of that Act; 3. allow an unlicensed person to r…

A. The commissioner shall have the power to issue subpoenas to any person for the purpose of discovering violations in this Chapter and to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry, administer oaths…

A. Whenever a person becomes licensed by the commissioner, pursuant to this Chapter, such person shall provide a physical address to the commissioner that may be used as a basis for service or notification of any order or other issuance or communication by the commissioner to suc…

A. If any provision or item of this regulation, or the application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications of the regulation which can be given effect without the invalid provisions, items, or application.

A. Purpose⎯to state the secretary’s rules relative to the housing or temporary residence of individuals who have been arrested for the commission of a crime and are referred by any judicial agency to a certified residential facility and to provide for the construction, standards …

A. American Correctional Association (ACA) 1. All judicial agency referral residential facilities shall be operated in accordance with R.S. 40:2852 and must maintain accreditation by the American Correctional Association Standards for Adult Community Residential Services. Facilit…

A. Eligible Sites. All sites shall be eligible for voluntary remediation, except for the following: 1. permitted hazardous waste management units (HWMU) regulated under LAC 33:V or federal hazardous waste regulations (if the HWMU is located within a larger site, then only that po…

A. Persons Exempt from Liability. Following a completed voluntary remedial action and issuance of a certificate of completion, the following persons shall be exempt from liability provided in R.S. 30:Chapter 12.Part I and LAC 33:VI: 1. the person who undertook and completed the v…

A. Remedial Investigations. Voluntary remedial investigations shall be consistent with the methods and processes provided by RECAP. Voluntary remedial investigations must include: 1. the determination of the nature and extent of potential threats to human health and the environme…

A. Voluntary Remedial Investigation Applications. Prior to performing a remedial investigation and submission of the application in Subsection B of this Section, the applicant may submit a voluntary remedial investigation application for review and approval by the administrative …

A. Implementation. Voluntary remedial actions must be performed in accordance with the voluntary remedial action plan approved by the administrative authority. Any modification in the plan must be approved by the administrative authority in advance of implementation of the modifi…

A. Criteria for Partial Remediation. The administrative authority may approve a voluntary remediation application for partial voluntary remedial action submitted in accordance with LAC 33:VI.911, provided: 1. the applicant is a nonresponsible person; 2. the voluntary remedial act…

A. Fees 1. Voluntary Remedial Investigation Application Review Fee. Remedial investigation work plans submitted to the department for review must be accompanied by a $500 review fee. 2. Voluntary Remediation Application Review Fee. Voluntary remediation applications must be accom…

A. All data, reports, plans, drawings, correspondence, and other investigation and remediation records generated by applicants for voluntary remediation must be maintained by the applicants for at least three years after the date of issuance of the certificate of completion, or i…

A. This Chapter constitutes the minimum technical requirements to evaluate and/or remediate sites that have been affected by constituents of concern, except as otherwise specifically provided by statute, rule, or permit. B. Any remediation performed in accordance with this Chapte…

A. The following terms used in this Chapter shall have the meanings listed below, unless the context otherwise requires, or unless specifically redefined in a particular Section. Department—the Department of Environmental Quality.

A. These rules, being necessary to promote the public health and welfare, shall be liberally construed in order to permit the department to effectuate the provisions of the Environmental Quality Act including, but not limited to, R.S. 30:2272.1, 2077, 2195.2(A), 2195.10, 2203(A),…

A. Except as is otherwise specifically provided by statute, rule, or permit, this Chapter establishes the minimum technical requirements to evaluate and/or remediate sites that have been affected by constituents of concern including, without limitation, those sites and activities…

A. The document entitled, "Louisiana Department of Environmental Quality Risk Evaluation/Corrective Action Program (RECAP)," dated October 20, 2003, is hereby adopted and incorporated herein in its entirety. The RECAP document is available for purchase or inspection from 8 a.m. u…

A. If any provision of these regulations or the application thereof to any person, situation, or circumstance is for any reason adjudged invalid, the adjudication does not affect any other provision or application that can be given effect without the invalid provision or applicat…

A. The purpose of these rules is to assure truthful and adequate disclosure of all material and relevant information in the advertising of accident and sickness insurance. This purpose is intended to be accomplished by the establishment of, and adherence to, certain minimum stand…

A. These rules shall apply to any accident and sickness insurance advertisement, as that term is hereinafter defined, intended for presentation, distribution or dissemination in this state when such presentation, distribution or dissemination is made either directly or indirectly…