Louisiana Administrative Code

A. Any federal department, agency, or instrumentality of the federal government taking an action subject to this Subchapter must make its own conformity determination consistent with the requirements of this Subchapter. In making its conformity determination, a federal agency mus…

A. A federal agency making a conformity determination under LAC 33:III.1410 must provide to the department, the EPA Region 6 Office, local air quality agencies and, where applicable, affected federal land managers, and the MPO a direct notice 30 days prior to final adoption of th…

A. Upon request by any person regarding a specific federal action, a federal agency must make available for review its draft conformity determination under LAC 33:III.1410 with supporting materials which describe the analytical methods, assumptions, and conclusions relied upon in…

A. The conformity status of a federal action automatically lapses five years from the date its final conformity determination is reported under LAC 33:III.1407, unless the federal action has been completed or a continuous program has been commenced to implement that federal actio…

A. An action required under LAC 33:III.1405 to have a conformity determination for a specific pollutant will be determined to conform to the applicable SIP if, for each pollutant that equals or exceeds the rates in LAC 33:III.1405.B or otherwise requires a conformity determinatio…

A. The analyses required under this Subchapter must be based on the latest planning assumptions. 1. All planning assumptions must be derived from the estimates of population, employment, travel, and congestion most recently approved by the MPO or state agency authorized to make s…

A. Any measures that are intended to mitigate air quality impacts must be identified [including the identification and quantification of all emission offsets claimed] and the process for implementation [including any necessary funding of such measures and tracking of such emissio…

A. When notified by the federal agency of action that would be presumed to conform or when notified of a proposed conformity determination, the department will review documentation, clarify information, and provide written comments as appropriate to ensure accountability of feder…

A. Any person(s) regulated by this Subchapter, including any person(s) who voluntarily commit to mitigate measures for emissions offsets to federal actions and who fail to comply with the requirements of this Subchapter shall be subject to enforcement provisions under R.S. 30:202…

A. The federal conformity rules under 40 CFR Part 93, Subpart A establish the conformity criteria and procedures necessary to meet the requirements of the CAA, Section 176(c), until such time that this conformity implementation plan revision is approved by EPA. Following EPA appr…

A. The purpose of this regulation is to implement Section 176(c) of the Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of 23 U.S.C. 109(j), and regulations under 40 Code of Federal Regulations (CFR) Part 93, Subpart A with respect to the confor…

A. 40 CFR Part 93, Subpart A, July 1, 2008, is hereby incorporated by reference with the exclusion of Sections 105, 122(a)(4)(ii), and 125(c).

A. Pursuant to 40 CFR 93.105 interagency consultation (federal, state, and local) shall be undertaken before making conformity determinations and before adopting applicable State Implementation Plan (SIP) revisions. B. Interagency Consultation: General Procedures 1. Representativ…

A. In accordance with 40 CFR 93.122(a)(4)(ii), prior to making a conformity determination on the transportation plan or TIP, the MPO, where one exists, or the MPO's designee, shall not include emissions reduction credits from any control measures that are not included in the tran…

A. In accordance with 40 CFR 93.125(c), prior to making a project-level conformity determination for a transportation project, the FHWA/FTA must obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR 93.101, to implement any project-level mitiga…

Digital Transaction Provider (DTP)―a private person or public or private agency who enters into contract with the Office of Motor Vehicles which, by contract, provides a digitized credential, engages in the collection of registration license tax and fees associated with the renew…

A. Digital transaction providers may collect a convenience in addition to any other fee or tax collected when processing a transaction for the department. The convenience fee shall not exceed 90 percent of the amount authorized in R.S. 47:532.1(C) and shall be retained by the dig…

A. Digital transaction providers shall obtain a cyber-liability insurance policy with a company qualified to do business in Louisiana in the amount of one million dollars, which names the state of Louisiana, the department, the department’s employees, and the Office of Technology…

A. Each digital transaction provider shall execute a good and sufficient surety bond with a surety company qualified to do business in Louisiana as surety, in a sum of not less than $100,000 which bond shall name the Department of Public Safety and Corrections, Office of Motor Ve…

A. Qualifications for a Digital Transaction Provider. To contract with the department as a digital transaction provider, the owner/applicant shall: 1. be a citizen of the United States or be lawfully present in the United States; 2. maintain the primary physical location of its o…

A. Every owner, employee, officer, director, manager, representative, agent or agent employee who will have access to information or data regulated by the Driver Privacy Protection Act shall have a background check performed by Louisiana State Police. B The digital transaction pr…

A. The digital transaction provider must maintain a primary physical location of its operations within the continental United States of America. B. Any and all activities involving the processing of transactions, or any other use or storage of any identifying information or payme…

A. The digital transaction provider, its employees, representatives, and agents shall maintain the confidentiality of all records and information received or processed in connection with any function performed pursuant to a contract with the department. B. The digital transaction…

A. The digital transaction provider shall comply with the Office of Technology Services’ current Information Security Policy, Version 1.03 dated 10/24/2022, which includes all additional appendices and can be found at https://www.doa.la.gov/doa/ots/aboutus/infosec/. In the event …

A. All specification required to access the department’s network shall be contained in the contract, or in an attachment to the contract, executed by the digital transaction provider and the department. The specifications shall be based upon the transaction that the digital trans…

A. Every public employee, excluding an appointed member of any board or commission, shall disqualify himself from participating in a transaction involving the governmental entity when a violation of Section 1112 of the Code of Governmental Ethics would result.

A. Every public employee, except an agency head, upon determining that he may be compelled to participate in a transaction involving the governmental entity in violation of Section 1112 of the Code of Governmental Ethics, shall immediately, and prior to such participation, report…

A. Upon receipt of such written communication from the public employee, the immediate supervisor of the public employee, as well as the agency head (or appointing authority, if applicable), shall immediately, and prior to such participation by the public employee, provide the boa…

A. The proposed disqualification procedure shall be implemented by the public employee and his immediate supervisor, and the public employee shall otherwise refrain from participating in the potential transaction until such time as the board has, in writing, provided the public e…

A. The purpose of this Chapter is to establish procedures to provide for grants for upgrades and/or improvements to single wall underground storage tank systems. B. The Motor Fuels Underground Storage Tank Trust Fund Advisory Board shall advise the secretary with regard to implem…

A. This Chapter applies to providing financial assistance to private persons, or entities, in financing the costs necessary for upgrading and/or improving single wall underground storage tank systems to the standards outlined in LAC 33:XI.303.

A. These regulations are effective January 1, 2024. These regulations are only applicable to grant applications that occur on or after January 1, 2024.

A. The following terms used in this Chapter shall have the meanings listed below and shall only apply to this Chapter, unless the context otherwise requires, or unless specifically redefined in a particular Section. Applicant—the legal underground storage tank (UST) owner (i.e., …

A. This grant program is funded by the cost recovery efforts and interest earned on the tank trust account (interest account) in accordance with R.S. 30:2195.2. B. A grant may only be made pursuant to this Chapter if all of the following apply: 1. the applicant is domiciled in Lo…

A. An application for funding shall be on a department provided form and shall include information regarding: 1. the applicant, including location of domicile; 2. the project facility, including information about the single wall underground storage tank system; and 3. the propose…

A. Applicants may be approved for the grant program upon the condition they meet the requirements for participation and are in compliance with the Environmental Quality Act, R.S. 30:2001, et seq., and LAC 33:XI. B. Applicants must have written approval from the department for par…

A. The department may perform periodic inspections during the upgrade and/or improvement and may be present for all installation-critical junctures. B. If the Environmental Quality Act, R.S. 30:2001, et seq., and LAC 33:XI are not followed by the UST owner, operator, or certified…

A. The grant reimbursement shall be on a department provided form and shall include the following. 1. An affidavit signed by the applicant that all upgrades and/or improvements have been completed in accordance with the scope of work and in accordance with the Environmental Quali…

A. Definitions. For the purpose of this rule, the following terms are defined. Corporation—an entity that is treated as a corporation for state income tax purposes as set forth in R.S. 47:287.11(A). Engaging in Activities in this State—having payroll, sales, or tangible property …

A. General Requirement 1. Unless otherwise provided, all partnerships doing business or deriving Louisiana sourced income are required to file an informational partnership return of income with the Department of Revenue. 2. Partnerships subject to the filing requirement are requi…

A. Except as otherwise provided by the Act, all malpractice claims against health care providers shall be reviewed by a medical review panel. The composition and operation of a medical review panel shall be in accordance with R.S. 40:1299.47.

A. A "request for review of a malpractice claim" or "malpractice complaint" shall contain, at a minimum: 1. a request for the formation of a medical review panel; 2. full name of only one patient for whom, or on whose behalf, the request for review is being filed; however, if the…

A. An attorney chairman of a medical review panel is to be chosen by the parties according to R.S. 40:1299.47.(A)(2)(c). An attorney chairman must be selected within one year from the date the request for review of the claim was filed. If, after one year, an attorney chairman has…

A. This Chapter contains the designations, names and edition of standards referenced in this code listed alpha-numerically and the Section numbers where they are referenced.

A. Products manufactured to those standards which are followed by the word "Listed" are required to be listed regardless of the standards' requirements for listing. Standard Designation Section/Table ANSI A21.4-2008*, Cement-Mortar Lining for Ductile-Iron Pipe and Fittings for Wa…

A. The following is a list by name and address of those agencies, associations, institutes and others that are referred to in this code by name, initials or symbols. Further there are those listed, for convenience, whose technical and other services are made available to this Par…

A. The regulations in this Chapter establish radiation health and safety requirements for the possession, use, transfer, treatment, storage, and disposal of Naturally Occurring Radioactive Material (NORM) and the recycling of NORM contaminated equipment that does not include sour…

A. It is declared to be the purpose of these rules and regulations to: 1. control and reduce litter; and 2. create a statewide beautification program to enhance the tourist, recreational, and economic development of the state.

A. The following words, terms, and phrases, when used in conjunction with LAC 33:VII.Subpart 1, shall have the meanings ascribed to them in this Chapter, except where the context clearly indicates a different meaning. Commission―the Louisiana Litter Reduction and Public Action Co…

A. The purpose of the Louisiana Litter Abatement Program shall be to support the community-based litter abatement programs. B. Program Award 1. Program awards shall be made available to local governments and nonprofit organizations. 2. Funding through the program shall be subject…