Louisiana Administrative Code

A. Prior to delivering an opening statement, the attorney should ask for the rule of sequestration of witnesses to be invoked, unless a strategic reason exists for not doing so.

A. Counsel should prepare and request to make an opening statement to provide an overview of the case unless a strategic reason exists for not doing so. The attorney should be familiar with the law and the individual trial judge's rules regarding the permissible content of an ope…

A. The attorney should attempt to anticipate weaknesses in the prosecution's proof and consider researching and preparing corresponding motions for judgment of dismissal. The attorney should systematically analyze all potential prosecution evidence, including physical evidence, f…

A. The attorney should consider the advantages and disadvantages of entering into stipulations concerning the prosecution's case. The attorney should not enter into any stipulations detrimental to the client’s expressed goals of the representation.

A. Counsel should use cross-examination strategically to further the theory of the case. In preparing for cross-examination, the attorney should be familiar with the applicable law and procedures concerning cross-examinations and impeachment of witnesses. In order to develop mate…

A. Where appropriate, at the close of the prosecution’s case, the attorney should move for a dismissal of petition on each count charged. The attorney should request, when necessary, that the court immediately rule on the motion, in order that the attorney may make an informed de…

A. The attorney should develop, in consultation with the child client, an overall defense strategy. In deciding on a defense strategy, the attorney should consider whether the child client’s legal interests are best served by not putting on a defense case, and instead relying on …

A. The attorney should be aware of the elements and burdens of proof of any affirmative defense.

A. In preparing for presentation of a defense case, the attorney should, where appropriate: 1. develop a plan for direct examination of each potential defense witness; 2. determine the implications that the order of witnesses may have on the defense case; 3. determine what facts …

A. The attorney shall respect the child client’s right to decide whether to testify. B. The attorney shall discuss with the child client all of the considerations relevant to the child client’s decision to testify. This advice should include consideration of the child client’s ne…

A. If the child client decides to testify, the attorney should prepare the child client to testify. This should include familiarizing the child client with the courtroom, court procedures, and what to expect during direct and cross-examination. If possible, prior to the adjudicat…

A. The attorney should seek to ensure that questions to the child client are phrased in a developmentally appropriate manner. The attorney should object to any inappropriate questions by the court or an opposing attorney.

A. Counsel shall prepare a closing argument and shall deliver it at the conclusion of the hearing unless there is a strategic reason not to do so. The attorney should be familiar with the court rules, applicable statutes and law, and the individual judge's practice concerning tim…

A. The attorney should be familiar with the procedures available to request a new trial 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 a judgment of delinquency has been e…

A. The attorney should inform the child client of any procedures available for requesting that the record of conviction be expunged or sealed. The attorney should explain that some contents of juvenile court records may be made public (e.g., when a violent crime has been committe…

A. The applicant's name on a title application may be shown as written on the bill of sale, invoice or reverse side of title or certificate of origin. B. If the name is different on more than one document (title, invoice, etc.) applicant may use whichever name indicated on docume…

Total Loss―when used in these rules and in R.S. 32:707 shall mean a motor vehicle which has sustained damages equivalent to 75 percent or more of the market value as determined by the most current (NADA) National Automobile Dealers Association Handbook.

A. Vehicles stolen and recovered without damage will not be issued a certificate of salvage. On a total loss due to theft, the certificate of title will be assigned from registered owner to insurance company and reassigned to buyer. B. Stolen vehicles recovered as a total loss du…

A. If the owner of any vehicle sells, transfers as scrap or permanently dismantles, damages or destroys beyond repair or otherwise made permanently unusable as a vehicle, and there is no settlement with an insurance company on the basis of a total loss, the owner must send the ti…

A. Assign the non-negotiable receipt for salvage vehicle (certificate of salvage) on the reverse side to the purchaser. B. Purchaser must retain non-negotiable receipt at the office or location where vehicle is maintained. NOTE: Vehicle must be registered, titled and taxes paid b…

A. The certificate of salvage, Form #DPSMV 1690 must be executed showing all the information requested. The name of the insurance company underwriting the loss or the authorized agent selling the vehicle must be shown in the space provided at the bottom of the form. B. The Louisi…

A. This Chapter prescribes minimum requirements for welding steel materials in pipelines. [49 CFR 192.221(a)] B. This Chapter does not apply to welding that occurs during the manufacture of steel pipe or steel pipeline components. [49 CFR 192.221(b)]

A. Welding must be performed by a qualified welder or welding operator in accordance with welding procedures qualified under section 5(except for Note 2 in section 5.4.2.2), section 12, or Appendix A or Appendix B of API Std 1104 (incorporated by reference, see §507) or Section I…

A. Except as provided in Subsection B of this Section, each welder or welding operator must be qualified in accordance with section 6, section 12, or appendix A of API Std 1104 (incorporated by reference, see §507) or Section IX of the ASME Boiler and Pressure Vessel Code (ASME B…

A. No welder whose qualification is based on nondestructive testing may weld compressor station pipe and components. [49 CFR 192.229(a)] B. A welder or welding operator may not weld with a particular welding process unless, within the preceding 6 calendar months, the welder or we…

A. The welding operation must be protected from weather conditions that would impair the quality of the completed weld. [49 CFR 192.231]

A. A miter joint on steel pipe to be operated at a pressure that produces a hoop stress of 30 percent or more of SYMS may not deflect the pipe more than 3°. [49 CFR 192.233(a)] B. A miter joint on steel pipe to be operated at a pressure that produces a hoop stress of less than 30…

A. Before beginning any welding, the welding surfaces must be clean and free of any material that may be detrimental to the weld, and the pipe or component must be aligned to provide the most favorable condition for depositing the root bead. This alignment must be preserved while…

A. Visual inspection of welding must be conducted by an individual qualified by appropriate training and experience to ensure that [49 CFR 192.241(a)]: 1. the welding is performed in accordance with the welding procedure; and [49 CFR 192.241(a)(1)] 2. the weld is acceptable under…

A. Nondestructive testing of welds must be performed by any process, other than trepanning, that will clearly indicate defects that may affect the integrity of the weld. [49 CFR 192.243(a)] B. Nondestructive testing of welds must be performed: [49 CFR 192.243(b)] 1. in accordance…

A. Surface Hydrology 1. Facilities located in a 100-year flood plain shall be filled to bring site elevation above flood levels, or perimeter levees or other measures shall be provided to maintain adequate protection against a 100-year flood. 2. Facilities located in, or within 1…

A. Regulation 96 is promulgated by the Commissioner of Insurance pursuant to authority granted under the Louisiana Insurance Code, Title 22, R.S. 22:1 et seq., particularly the Standard Valuation Law, R.S. 22:163.B.(1)(a) and the Standard Nonforfeiture Law for Life Insurance, R.S…

A. Regulation 96 applies to preneed life insurance policies as defined in §13107 of this regulation. Any discrepancy as to whether a particular insurance contract meets the definition of preneed life insurance as it pertains to this regulation will be resolved by the Commissioner…

A. The purpose of Regulation 96 is to establish the 1980 Commissioners Standard Ordinary (CSO) Life Insurance Valuation Mortality Table, defined in §13107, as the required minimum statutory reserve valuation and nonforfeiture value standard for preneed life insurance policies.

2001 CSO Mortality Table―that mortality table, consisting of separate rates of mortality for male and female lives, developed by the American Academy of Actuaries CSO Task Force from the Valuation Basic Mortality Table developed by the Society of Actuaries Individual Life Insuran…

A. For preneed life insurance policies, as defined in §13107, the mortality standard to be used to determine the minimum statutory reserve liabilities and nonforfeiture values for both male and female insureds shall be the Ultimate 1980 CSO.

A. The minimum statutory valuation interest rate standard used in the valuation of preneed life insurance shall be the calendar year statutory valuation interest rates as defined in Title 22, the Louisiana Insurance Code, R.S. 22:163.B.(1). B. The minimum statutory interest rate …

A. The standard method used to determine the minimum statutory reserve for preneed life insurance shall be the method defined in Title 22, the Louisiana Insurance Code, R.S. 22:163.B.(4)(a). B. The standard method used to determine the minimum nonforfeiture values for preneed lif…

A. For preneed life insurance policies issued on or after the effective date of Regulation 96, and before January 1, 2012, the 2001 CSO may be used as the minimum statutory standard for reserves, and the minimum standard for nonforfeiture benefits, for both male and female insure…

A. Regulation 96 will become effective upon promulgation in the Louisiana Register and will be applicable to preneed life insurance policies, as specified in §13103, issued on or after January 1, 2009.

A. Contingent upon available funding, the Health Resources Management Section may establish one or more application cycles in any state fiscal year. At the beginning of any application cycle, eligible entities will be notified that applications are being accepted for grant projec…

A. Contingent upon available funding, the Health Resources Management Section may establish one or more application cycles in any state fiscal year. At the beginning of any application cycle eligible entities will be notified that applications are being accepted for grant project…

A. The Louisiana Department of Health (LDH) has developed and shall administer a plan for recruitment and retention of primary health care practitioners to practice in health professional shortage areas or facilities. The plan will provide for identification of shortage areas, pr…

A. Criteria for Applicants. To be eligible for the loan repayment program, an applicant shall: 1. be licensed and qualified as a doctor of allopathic/osteopathic medicine (MD/DO—to include those in the final year of their residency) to practice in Louisiana; 2. provide primary ca…

A. Award amounts are contingent upon available funding and the amount of qualifying student loan debt. B. LDH will contract directly with the award recipient. C. Award amount may be up to $150,000 for a five-year contract (or the amount of the principal balance of the educational…

A. Program guidance and required forms will be updated as necessary on an annual basis and posted on the LDH website. Applications and other required documents shall be submitted directly to the Louisiana Department of Health at the address or using the electronic upload method n…

A. Upon receipt of applications, program leadership will have five business days to make final selection. All who applied will be notified of acceptance or denial within five business days of final selection. Submitting an application does not guarantee selection. Support may be …

A. Contingent upon available funding, the Louisiana Department of Health may establish a Rural Health Scholars Program pursuant to R.S. 40:1205.3. The Rural Health Scholars Program encourages health professions students to practice in Louisiana’s Health Professional Shortage Area…

A. The purpose of Regulation 97 is to implement the provisions of Acts 2008, No. 132 of the Regular Session of the Louisiana Legislature which mandates that the Department of Insurance promulgate rules and regulations giving further definition of vehicle tracking systems as they …

A. Regulation 97 shall apply to rate filings applied for by an insurer and approved by the commissioner on motor vehicle liability and physical damage insurance for coverage of any motor vehicle equipped with a vehicle tracking system which aids in the recovery of stolen vehicles…