Louisiana Administrative Code

A. The remainder of funds available shall be for matching grant awards (Tier 2). Any eligible EDO or a combination of eligible EDOs may apply to LED for a matching grant award which shall include deliverables, goals and objectives for the marketing and promotion of business and i…

A. The purpose of this regulation is to implement R.S. 22:33(A)(1), which requires an insurer to file an affirmative action plan upon the violation of a cease and desist order issued by the commissioner after hearing.

A. This regulation applies to any insurer that is called for hearing before the commissioner for violating Chapter 1, Part I, Subpart C of the Insurance Code (Equal Opportunity in Insurance) and found to be in violation of a cease and desist order issued in accordance with the pr…

A. The commissioner shall notify an insurer of its violation of a cease and desist order issued pursuant to Chapter 1, Part I, Subpart C of the Insurance Code by certified U.S. mail, return receipt requested. Said notification shall also direct the insurer to file an affirmative …

A. This regulation shall become effective upon final promulgation in the Louisiana Register.

A. The Omnibus Bond Authorization Act, in order to facilitate the funding of capital improvements by certain governmental units and political subdivisions of the state, has authorized the issuance of general obligation bonds contingent upon the applicable management board, govern…

A. No person shall commence construction of any facility (other than a field transmission, flow or gathering line located on a state lease or right-of-way) on state waterbottoms after the effective date of regulations unless the assistant secretary has issued a permit authorizing…

A. Every person responsible for a previously buried facility shall report in writing to the assistant secretary within 30 days after knowledge thereof any instances not previously reported where the facility, or any portion thereof, has become unburied. Nothing in this Section sh…

A. All facilities (other than field transmission, flow or gathering lines on state leases or right-of-way): 1. located above the mudline and in less than 20 feet of water; and 2. constituting an obstruction, shall be removed within 90 days after abandonment or as soon thereafter …

A. If information available to the Office of Conservation discloses an obstruction resulting from a facility exposed in violation of §1701.E or G, an abandoned facility, or associated material, the assistant secretary may, upon 10 days written notice, order any person responsible…

A. It will be the policy of the department to follow the ensuing requirements governing the permitting of off-road equipment on the state-maintained highway system. B. The department will generally authorize a permit for the use of off-road equipment on the state maintained highw…

A. Noncritical off-road equipment is defined as: 1. vehicles or combinations of vehicles without booster units; 2. vehicles with a single-single, single-tandem, single-triple, or tandem-tandem axle configuration in which no single axle is in excess of 30,000 pounds nor tandem or …

A. Critical off-road equipment is defined as: 1. vehicles not covered by the noncritical off-road equipment as defined in §1703 above; 2. vehicles or combinations of vehicles with booster units; 3. vehicles or combination of vehicles which are determined to be acceptable in this …

A. The traveling configuration of each piece of equipment will be subject to the initial approval of the department and the approved configuration will be required on all subsequent permits. B. The proposed route for each permit will be subject to the approval of the department r…

A. An overweight permit with an approved route is to be obtained for each move. B. The owner shall provide escort service during the move in accordance with the department's escort procedures and regulations to control traffic with the following exception. 1. Equipment classified…

A. The purpose of this rule is to adopt provisions and uniform guidelines for their interpretation as authorized specifically by Act 520 of the 1978 Regular Session of the Louisiana Legislature. It is designed to facilitate and implement the provisions of that Act. It is intended…

A. Those provisions shall be applicable to any and all entities which may be defined as a vehicle mechanical breakdown insuree, under the provisions of Act 520 of the 1978 Regular Session of the Louisiana Legislature. The term shall include any person or other entity which receiv…

Commissioner―the Commissioner of Insurance for the state of Louisiana. Insurer―any property or casualty insurer duly authorized to transact vehicle physical damage insurance in this state under provisions of the Louisiana Insurance Code other than Sections 1800 through 1810. Vehi…

A. Evidence must be submitted to the Commissioner of Insurance that the applicant is a solvent corporation, incorporated under the laws of Louisiana, or another state, district, territory or possession of the United States of America. That evidence must be submitted as required b…

A. Reserving 1. The reserve to be maintained on policies issued covering new vehicles shall be one which generates an unearned premium reserve of not less than the unearned premium reserve which is generated by applying the reverse sum of the digits earnings method to each policy…

A. Each vehicle mechanical breakdown insurer shall, on or before the fifteenth day of March of each year, submit to the commissioner a report signed by the president and secretary which shall certify the premiums received by said insurer for the proceeding year. That report shall…

A. Non-compliance with the provisions of this rule may result in the suspension, revocation or non-renewal of the Certificate of Authority issued by the Commissioner of Insurance pursuant to the provisions of Act 520 of the 1978 Regular Session of the Louisiana Legislature.

A. If any of the provisions of this rule are held invalid, such invalidity shall not effect other provisions which can be given effect without the invalid item and to this end provisions of this rule are hereby declared severed.

A. In accordance with R.S. 49:953(C)(1), any interested person may petition an agency to adopt a new rule, or to amend or repeal an existing rule. B. To petition an agency within the Division of Administration for changes to the agency’s current rules, or for the adoption of new …

A. Upon receipt, a rulemaking petition shall be forwarded to the promulgating agency for review. B. Within 90 days of receipt of the rulemaking petition, the agency shall either: 1. initiate rulemaking procedures to adopt a new rule, or to amend or repeal an existing rule; or 2. …

A. Crude oil, waste oil, oil sludge, oil-water emulsion, or oil bearing mixtures of any kind shall be gathered and destroyed by burning or otherwise on the lease where the wastes originate, and in such manner as to eliminate any pollution hazard. B. No oily fluids shall be discha…

A. It is the purpose of this regulation to establish minimum standards governing the achievement and maintenance of physical security, personnel security and programming security within agencies maintaining criminal history records.

A. Affected agencies shall institute procedures for the protection of criminal history record from environmental hazards including fire, flood, and power failure. Appropriate measures may include: adequate fire detection and quenching systems, protection against water and smoke d…

A. Affected agencies shall adopt security procedures which limit access to criminal history files. These procedures may include use of guards, badges, keys, passwords, sign-in logs or similar controls. Facilities housing criminal history record shall be so designed and constructe…

A. Applicants for employment and those presently employed in the maintenance of criminal history records shall consent to an investigation of their character, habits, previous employment, and other matters necessary to establish their good moral character, reputation, and honesty…

A. Investigations should be conducted in such a manner as to provide sufficient information to enable the appropriate officials to determine employability and fitness of persons entering sensitive positions. Investigations of applicants should be conducted on a preemployment basi…

A. Systems personnel including terminal operators in remote locations, as well as programmers, computer operators, and others working at or near the central processor, shall be assigned appropriate security clearances and should have those clearances renewed periodically after in…

A. Each affected agency should prepare a security manual which delineates procedures for granting clearances for access to criminal history information as well as areas where criminal history data is maintained. Each person working with or having access to this information should…

A. The management of each affected agency should establish sanctions for accidental or intentional violation of system security standards. Supervisory personnel should be delegated adequate authority and responsibility to enforce these standards.

A. Any violation of the provisions of these standards by any employee or officer of any public agency, in addition to any applicable criminal or civil penalties, shall be punished by the imposition of appropriate disciplinary measures.

A. Where any affected agency is found by the Louisiana privacy and security committee to have willfully or repeatedly violated the requirements of this standard, the committee may prohibit the dissemination of criminal history record information to that agency for such periods an…

A. There shall be a terminal identification code number for each remote terminal as a precondition for entering the files. Within each agency, terminal use shall be assigned to a limited and identified group of individuals. Each individual terminal user shall identify himself by …

A. Where a computer file may be accessed by more than one agency, system software shall ensure that each agency shall obtain only the data to which it is entitled. System hardware and software shall contain controls to ensure that each user with on-line direct terminal access can…

A. Where criminal justice data is transmitted to a data center on reporting forms, the center shall establish procedures for destroying these forms after the data is entered in the computer. System software shall contain controls to ensure that each terminal is limited to the inf…

A. A monitor program shall be developed to report attempts to violate the system security software or files. Edit programs shall be created to periodically audit record alteration transactions.

A. On May 25, 2011, the legislative auditor issued a report entitled, "Louisiana District Public Defenders Compliance with Report Requirements." The report, prepared in accordance with R.S. 24:515.1.F, focused largely upon the fact that 28 of Louisiana’s 42 district public defend…

A. As used in this protocol, unless the context clearly indicates otherwise, the following terms shall have the following meanings. Board⎯the Louisiana Public Defender Board. Board Staff⎯one or more members of the executive staff of the Board as set forth in R.S. 15:150 assigned …

A. Sections 1707 through 1717 shall apply when a district is facing a fiscal crisis or excessive workload, or both. Section 1719 applies when one or more individual public defender service providers are facing excessive workloads, but the district itself is not.

A. When a district defender or board staff projects that a district will experience a fiscal crisis or an excessive workload, or both, during the next 12 months, the district defender or board staff, as the case may be, shall give notice to the other within 7 days of making such …

A. If the fiscal crisis or excessive workload, or both, is/are expected to occur six or more months from giving or receiving of the notice specified in §1707, the following steps shall be taken. 1. Within 45 days after giving or receiving the notice, the district defender shall d…

A. If the fiscal crisis or excessive workload, or both, is/are expected to occur six or more months from the giving or receiving of the notice specified in §1707 and the district defender and board staff are unable to agree upon any viable alternatives to restricting public defen…

A. Recognition of Diversity of Districts 1. Individual districts have different public defender service delivery methods, funding levels, caseloads, workloads and staff. As a result, service restriction plans should be tailored to each district. In some districts, restricting mis…

A. If the district defender and board staff agree that the fiscal crisis or excessive workload, or both, is imminent, the district defender and public defense service providers shall begin declining new appointments at an agreed upon time prior to breaching the Rules of Professio…

A. If the fiscal crisis or excessive workload, or both, remains imminent at conclusion of the board staff’s site visit, the district defender shall, within 30 days of conclusion of the site visit, submit his or her proposed written final service restriction plan to board staff. B…

A. A public defender service provider’s workload, including appointed and other work, should never be so large as to interfere with the rendering of quality representation or result in the breach of ethical obligations, and public defense service providers are obligated to declin…