Louisiana Administrative Code

A. Each dealer facility subject to the regulations of the commission shall submit to an inspection by a representative of the commission, which inspections may be conducted without prior notice by the commission or its representative.

A. Permits required under these general requirements shall not be transferred. All dealers, regardless of operation, shall hold a permit and shall not operate under a permit of another dealer.

A. The director of commission reserves the right to require an internal hydrostatic pressure test on bulk storage or nurse tanks.

A. A copy of all anhydrous ammonia installation plans and specifications including plot plans shall be submitted to the office of the director for approval prior to the commencement of work on the installation. B. Such plans shall show the following: 1. the distance of container …

A. Registration. Dealers that operate transport and/or delivery trucks in the state of Louisiana shall register each unit with the commission annually, the annual registration fee is $50 for each unit registered. The annual registration period and procedure will be established by…

A. An installation report form shall be used for all installations and reinstallations of DOT and ASME containers and shall be retained in dealer’s file.

A. The commission hereby adopts the American National Standards Institute, Safety Requirements for the Storage and Handling of Anhydrous Ammonia, CGA-G-2.1, ANSI K61.1 of 1989 except for Section 8 regarding systems mounted on railcar structures. B. The commission may adopt subseq…

Assistant Secretary―assistant secretary of the Office of Motor Vehicles. Auto Title Company―any person, firm, association, or corporation which is engaged primarily in the transfer and recordation of sales, leases, or mortgages of vehicles including, but not limited to, mobile ho…

A. Any person who is engaged primarily in the transfer and recordation of sales, leases, or mortgages of vehicles including, but not limited to, mobile homes, trailers, and motor vehicles shall contract with the Department of Public Safety and Corrections, Office of Motor Vehicle…

A. The application for an auto title company shall be on a form approved by the department, and shall require the applicant to provide the following information: 1. the full legal name of the applicant, including any trade names or aliases; 2. the complete physical and mailing ad…

A. The applicant shall pay a biennial annual contract application fee of $400 for one business location. An annual fee of $100 will be required for each additional business location. The contract fee shall be paid by cash, money order, or check, made payable to the Department of …

A. Every contract issued shall expire on May 31 following the year in which such license was issued. The contract shall be renewed bi-annually at least 60 days in advance of the expiration date of the license by submitting to the Office of Motor Vehicles an application for renewa…

A. In the event a licensed auto title company changes its business location, or any information provided on the original application or subsequent renewal application changes, the company shall submit an updated application (DPSMV 1968), an original bond change rider, and the cur…

B. In the event there is a change in the ownership of an applicant or a licensed auto title company, the applicant or licensee, as the case may be, shall submit an updated application (DPSMV 1968), an original bond change rider, and the current original auto title company license…

B. During the normal working hours of the department, or at any other time the licensee is open for business, employees or agents of the department or of the Department of Revenue shall have the right to inspect and audit any and all records or reports of the auto title company. …

A. The following actions by a contractor or applicant or any of the contractor’s or applicant's employees, managers, agents, representatives, officers, directors or owners may subject the contractor or applicant to suspension, revocation, or cancellation of the contract by the de…

A. Any person desiring a ruling on the applicability of any statute, or the applicability or validity of any rule to the regulation of auto title companies shall submit a written petition to the assistant secretary. The written petition shall cite all constitutional provisions, s…

A. Any auto title company which has submitted more than one payment, whether in the form of an electronic ACH, debit, paper draft, or check to the department which have been returned because of insufficient funds in the account a shall be required to use a cashier's check, certif…

A. Any request for an administrative hearing must be submitted in writing to the Department of Public Safety and Corrections, Office of Motor Vehicles, Hearing Request, at Box 64886, Baton Rouge, LA 70896-4886, or hand delivered to the Office of Motor Vehicle Headquarters in Bato…

A. The department will not accept a check by a third party on behalf of an applicant for title and/or registration unless the check is submitted by an attorney, notary, motor vehicle dealer, insurance company transferring title to a wrecked vehicle, lending institution, financial…

A. Since auto title companies may charge convenience fees and may offer services not available at an Office of Motor Vehicles field office, no auto title companies shall display any sign which may mislead the public into believing that the auto title company's office or business …

B. The following sheep shall be individually identified with official identification for scrapie: 1. live scrapie positive sheep; 2. suspect scrapie positive sheep; 3. all sheep considered as high risk for developing scrapie, as defined by USDA; 4. all sheep exposed to scrapie.…

A. All sheep changing ownership shall be individually identified by means of an official identification for scrapie as defined in

A. All goats changing ownership shall be individually identified by means of an official identification for scrapie as defined in §101 of this Part. B. The following goats shall be individually identified by means of an official identification for scrapie: 1. live scrapie positiv…

A. Applicants for type I, I-A, II, and II-A standard permits shall pay a $6,125 permit application review fee for each facility. The fee shall accompany each permit application submitted. B. Applicants for type III standard permits or beneficial-use plans shall pay a permit appli…

A. Applicants for type I, I-A, II, and II-A closures shall pay a $1,650 closure-plan review fee. The fee shall accompany each closure plan submitted. B. Applicants for type III or beneficial-use facilities closures shall pay a $413 closure-plan review fee. The fee shall accompany…

A. Transporters. All transporters of solid waste shall pay a fee of $250 per year to the department. There will be only one fee regardless of the number of vehicles in the service of the transporter. B. All holders of permits for solid waste processing and/or disposal facilities …

A. All payments made by check, draft, or money order shall be made payable to the Louisiana Department of Environmental Quality, and mailed to the department at the address provided on the invoice. B. Electronic Methods of Payment 1. Persons wishing to make payments using the ele…

A. A late payment fee of 15 percent may be applied to an invoice remaining unpaid after a period of 90 days from the date of the invoice. This late payment fee shall be calculated based on the total outstanding amount of the invoice.

A. Failure to pay the prescribed application fee or annual fee as provided herein, within 90 days after the due date, will constitute a violation of these regulations and shall subject the person to applicable enforcement actions under the Louisiana Environmental Quality Act incl…

A. The commissioner has authority to develop procedures and standards, consistent with this Chapter, to designate lands unsuitable for all or certain types of surface coal mining operations and to terminate such designations.

A. The office shall establish a process enabling objective decisions to be made on which, if any, land areas of the state are unsuitable for all or certain types of surface coal mining operations. These decisions shall be based on competent, scientifically sound data and requirem…

A. Right to Petition. Any person having an interest which is or may be adversely affected has the right to petition the office to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. B. Designation. The only info…

A.1. Within 30 days of receipt of a petition, the office shall notify the petitioner by certified mail whether or not the petition is complete under §1505.B or C. 2. The office shall determine whether any identified coal resources exist in the area covered by the petition, withou…

A. Within 10 months after receipt of a complete petition, the office shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The hearing shall be legislative and fact-finding in natur…

A. In reaching its decision, the office shall use: 1. the information contained in the database and inventory system; 2. information provided by other governmental agencies; 3. the detailed statement prepared under §1509.E; and 4. any other relevant information submitted during t…

A. The office shall develop a database and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions. B. The office shall include in the system information relevant to the criteria in §1303 including, but not limited to, inform…

A. The office shall: 1. make the information in the data base and inventory system developed under §1513 available to the public for inspection free of charge and for copying at reasonable cost, except that specific information relating to location of properties proposed to be no…

A. The office shall not issue permits which are inconsistent with designations made pursuant to Chapters 9, 11, 13 or 15. B. The office shall maintain a map of areas designated as unsuitable for all or certain types of surface coal mining operations. C. The office shall make avai…

A. The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), signed on December 18, 1991, required the Federal Transit Administration (FTA) to create a first-ever State-managed safety and security oversight program for rail fixed guideway public transportation systems…

A. Authority. The state of Louisiana re-designated the Department of Transportation and Development (LADOTD) as the state safety oversight agency (SSOA) for Louisiana in 2014. This enabling authority is found at Louisiana Revised Statute 48:214. The SSOA authority applies to any …

A. This SSOPS was developed in compliance with 49 CFR Part 674 and aspects of the previous Louisiana State Standard developed under 49 CFR Part 659. This SSOPS, along with Louisiana Revised Statute 48:214, give the SSOA the necessary authority to administer the enhanced oversight…

A. The SSOA provides oversight and technical assistance to the RTA. It also evaluates the effectiveness of the agency’s safety plan implementation. Through participation in safety meetings and reviewing investigations of safety events, the SSOA will provide guidance and input to …

A. RTA Safety Plan Review. The RTA is required to develop and submit a safety plan to the SSOA for its review and written approval. The safety plan must be compliant with the following: 1. the SSOPS, 2. any federal rules (i.e., 49 C.F.R. Part 673 and 49 U.S.C. 5329(d)) specifical…

A. Audit Procedures. In addition to ongoing inspections, investigations, and examinations of RTA safety implementation procedures, the SSOA will conduct an on-site audit of the RTA’s implementation of its safety program at least once during each three-year cycle. The SSOA and RTA…

A. The SSOA must investigate or require an investigation of any safety event that requires notification under 49 CFR 674.33. The SSOA is ultimately responsible for the sufficiency and thoroughness of all investigation reports, whether conducted by the SSOA, the RTA, or a third pa…

A. The SSOA’s primary concern is the safety of the traveling public using an RFGPTS. Corrective action plans are an integral part of ensuring safety. The SSOA will work with the RTA to ensure that corrective actions are implemented in a timely fashion and corrective actions are c…

A. On or before March 15 of each year, the SSOA will submit the following material to the Louisiana Governor’s Office, the RTA Board of Commissioners, and the FTA (submitted electronically through a specified reporting system): 1. The SSOPS and the accompanying Procedures Manual,…

A. Introduction. In November 2021, the Bipartisan Infrastructure Law amended 49 U.S.C. § 5329 to require that SSOAs conduct risk-based inspections (RBI) of the RTAs that they oversee. In October 2022, FTA issued Special Directive 22-32, under authority of 49 U.S.C. § 5329(k) and …

A. Program Policies and Objectives 1. The policy statement of the Louisiana SSO program. The Louisiana Department of Transportation and Development’s State Safety Oversight Program is responsible for the development and implementation of an effective and comprehensive state safet…