Louisiana Administrative Code

A. Applicability. The provisions of this Subchapter are applicable to those sources specified in Subsections C-O of this Section. B. Definitions. Terms used in this Section are defined in LAC 33:III.111 of these regulations with the exception of those terms specifically defined i…

Regulated Asbestos-Containing Material (RACM)— a. friable asbestos material; b. category I and II nonfriable ACM that has become friable such as asbestos-cement material that is not removed from a facility prior to demolition; c. category I and II nonfriable ACM that has a high p…

A. The complete text of the current Manual for Courts-Martial, United States, the Louisiana Code of Military Justice (R.S. 29:101, et seq.), and this Regulation, shall be available electronically to any member of the Louisiana National Guard by accessing the State Judge Advocate’…

A. All references made to any provisions of the LCMJ, MCM, federal or state statutes, rules, or regulations shall automatically include amendments and additions thereto now or hereafter made.

A. Principles of Construction. This Regulation and other military justice source materials shall be construed to secure simplicity in procedure, elimination of unjustifiable expense and delay, and fairness and efficiency in administration to the end that truth may be ascertained …

A. Prescribed Forms. Certain forms in use by Louisiana and/or United States military forces are referred to herein. The use of any particular form described in connection with military justice actions is preferred but not mandatory. Variance from the specified forms does not cons…

A. The Adjutant General and Governor are the General Court-martial convening authorities. As such TAG or the Governor may publish a Jurisdictional alignment of units designating the Special Court Martial Convening Authorities and Summary Court-Martial Convening Authorities and th…

A. The following administrative regulations shall apply to all hearings conducted under the statutory authority of the secretary of the Department of Public Safety and Corrections and which concern matters arising out of actions taken by the state police or the Office of Motor Ve…

A. Identification of Shipments 1. All shipments made by an authorized manufacturer or retailer of sparkling or still wines that are shipped directly to any consumer in Louisiana shall be identified as follows: a. the words "Alcoholic Beverage―Direct Shipment" shall be marked and …

A. Definitions. The following definitions are contained in R.S. 26:241 and correlate those contained in R.S.26:364(B). Alcoholic Beverages—shall have the same meaning as ascribed in R.S. 26:241(1) High Alcoholic Content Beverages—shall have the same meaning as ascribed in R.S. 26…

A. The commander has the primary role in the administration of military justice. He is responsible for both enforcing the law and protecting the rights of the individual servicemember. Generally, the commander is one of the first to learn of conduct of one under his command that …

A. The Louisiana Code of Judicial Conduct and Louisiana Rules of Professional Responsibility are applicable to judges and lawyers involved in Louisiana National Guard courts-martial. The Army Rules of Professional Conduct, Army Regulation 27-26 applies to all Army judge advocates…

A. Convening Authority's Proper Role. The LCMJ permits the convening authority to play a dominant role in the court-martial process before and after trial. Before trial, the convening authority decides whether to convene a court-martial and refers the case to trial. After the tri…

A. When preparing a five-year capital outlay plan, a first year request should reflect only those projects which must be funded next year. If a project can wait, it should be shown in years 2-5 of the request. B. For projects other than those funded from self-generated cash, fede…

A. The following definitions apply to all regulations following hereafter. Terms not defined in this Section have the meaning given by R.S. (1950) Title 30, Section 3. Abandoned Well―a well whose use has been permanently discontinued or which is in a state of disrepair such that …

A. Applicability. The rules and regulations of this Section apply to all owners and operators of proposed and existing Class I hazardous waste injection wells in the state of Louisiana. B. Prohibition of Unauthorized Injection. Any underground injection, except as authorized by a…

2. Check for completeness: a. the commissioner shall not issue a permit before receiving an application form and any required supplemental information which are completed to his satisfaction; b. each application for a permit submitted for a Class I hazardous waste injection well …

A. Applicability. The rules and regulations of this Section set forth legal conditions for all Class I hazardous waste injection well permits. B. Signatories. All reports required by permits and other information requested by the commissioner shall be signed as in applications by…

7. amend a plugging and abandonment plan which has been updated under §209.L. E. Termination of Permits 1. The commissioner may terminate a permit during its term for the following causes: a. noncompliance by the permittee with any condition of the permit; b. the permittee's fail…

A. Applicability. This Section contains procedures for issuing UIC permits for Class I hazardous waste injection wells other than emergency (temporary) permits. B. Application Submission and Review 1. Any person required to have a UIC permit shall submit an application to the Off…

A. Applicability. The rules of this Section set forth the standards and requirements for applications and actions concerning modification, revocation and reissuance, termination, transfer and renewal of permits. B. Permit Actions 1. The permit may be modified, revoked and reissue…

A. Applicability. The provisions for this Section set the standards applicable to emergency or temporary permits for Class I hazardous waste injection wells. B. Coverage. Notwithstanding any other provision of this Section, the commissioner may temporarily permit a specific under…

A. Executive Pardon. An executive pardon is a full pardon that unconditionally releases a person from punishment and forgives guilt for any Louisiana convictions. It restores an applicant to all of the rights of citizenship possessed by the person before his or her conviction, in…

A. Eligibility 1. Pardon. A person may not apply for a pardon if the applicant has any outstanding detainers or any pecuniary penalties or liabilities totaling more than $1,000 resulting from any criminal conviction or traffic infraction. In addition, no person is eligible to app…

A. Clemency in the form of commutation of a death sentence to life without parole may be requested by the person under sentence of death or by the person’s attorney acting with the person’s written and signed authorization. B. No application for commutation of a death sentence to…

A. All Applicants 1. Every application must be submitted on the form approved by the Board of Pardons which is made available on the board's webpage at www.doc.la.gov. 2. It is the applicant's responsibility to submit a complete application. The application shall not be processed…

A. After notice to an applicant that they are qualified for a hearing, the applicant must provide the Board of Pardons office with proof of advertisement within 90 days from the date of the notice. The advertisement must be published in the official journal of the parish where th…

A. The board shall meet on regularly scheduled dates as determined by it and at such other times as the chairman may determine are necessary to review and take action on clemency applications before it and to transact such other business as it deems necessary. The meeting calenda…

A. A reprieve halts the implementation of a scheduled execution for a short time and may also be referred to as a “stay of execution.” The board will accept, on behalf of the governor, an application for reprieve for an applicant for whom an execution date has been set. Any such …

A. Purpose 1. The purpose of this Chapter is to enable the executive director to protect the state of Louisiana and its citizens from coastal and wetland degradation, hurricanes, and flooding by entering into voluntary coastal mineral agreements with certain landowners to obtain …

A. The following definitions shall apply for purposes of this Chapter, unless specifically defined otherwise. Acquiring Authority—as defined by R.S. 31:149. Acquired Land—ownership of, or other rights in, existing or emergent land acquired or proposed to be acquired by an acquiri…

A. Discretion of the Executive Director 1. Subject to approval of any agreement by the House and Senate Committees on Natural Resources, the executive director shall have complete and final discretion regarding whether to enter into any agreement, and if so, regarding the terms o…

A. Required Determinations. The executive director may enter into an agreement under this Section (also referred to as a type 1 agreement) with an owner when the executive director determines: 1. that an integrated coastal protection project would likely be facilitated by acquiri…

A. Required Determinations. The executive director may enter into an agreement under this section (also referred to as a type 2 agreement) with an owner as an acquiring authority, or with an acquiring authority and an owner, when the executive director determines: 1. that an inte…

A. Publication. When the executive director proposes to execute any agreement under this chapter, the executive director shall publish the proposed agreement as provided in the Administrative Procedures Act, R.S. 49:953. The agreement shall be published in the Louisiana Register …

A. Any person aggrieved either by a substantive agency decision made pursuant to the provisions of this Chapter, including interlocutory decisions relating to boundaries and determinations of areas reclaimed, or by a failure of the agency to render such decisions timely, may seek…

A. Principle. The Community Rehabilitation Program (CRP) shall establish its purpose and direct its activities toward accomplishment of that purpose. 1. The CRP shall state its goals and purposes clearly in appropriate publications for distribution to staff, those served, referra…

A. General Requirements 1. The CRP shall allow representatives of LRS and the appropriate program office in the performance of their mandated duties to monitor all aspects of a programs’ functioning which impact on clients and to interview staff members, and clients. 2. The CRP s…

A. The membership of the governing body shall be representative of the community being served, and include person(s) with disabilities and/or families of person(s) with disabilities; or B. a CRP has for-profit status, it shall have an advisory board which meets regularly and is r…

A. The CRP must maintain adequate fiscal records and accountability so as to demonstrate, upon request, receipt and utilization of funds from LRS. Each CRP must have an annual external audit and management letter and include a single audit where indicated or required by law. B. T…

A. Providers of vocational rehabilitation services shall use qualified personnel, in accordance with any applicable national or state-approved or recognized certification, licensing, or registration requirements, or in the absence of these requirements, other comparable requireme…

A. The CRP must comply with accessibility requirements as established in Section 504 of the Rehabilitation Act of 1973, as amended, and by the Uniform Federal Accessibility Standards and the Americans with Disabilities Act of 1990.

A. General 1. All client information is confidential. All personal information in the possession of the CRP shall be used only for purposes directly connected with the administration of the program. 2. A CRP shall have written procedures for the maintenance and security of record…

A. Intake and Orientation. The CRP should make a reasonable effort to obtain necessary case file information before planning services for an individual, and make appropriate use of such information throughout the individual's program. B. Assessment and Program Planning 1. The CRP…

A. Principle. The CRP shall be actively involved in its community to create acceptance, understanding and support for its goals and services. B. The CRP should thoroughly investigate the employment and related needs of its current and future users, and organize its services to me…

A. A Vocational Evaluation/Assessment shall utilize professionally accepted methods based on client-specific needs to result in a suitable and appropriate employment goal. B. A Community Based Situational Assessment shall be client-specific to result in a suitable and appropriate…

A. The CRP will be subject to site reviews by appropriate program and fiscal staff to validate compliance with CRP Standards. A review may be conducted at any point in the vendorship process. B. The CRP will be subject to an annual renewal process.

A. Initial approval or renewal of vendorship can be denied or revoked for the following reasons, but is not limited to: 1. failure to meet any of the standards; 2. failure to provide required documents for the bi-annual renewal process or formal request for documents by LRS; 3. c…

A. The Department of Children and Family Services (DCFS) has a fervent commitment to protect children by preventing the employment by the department of an individual who has specific past criminal convictions, in positions whose duties include the investigation of child abuse or …

A. No individual shall be hired by the department whose duties include the investigation of child abuse or neglect, supervisory or disciplinary authority over children, direct care of a child, or performance of licensing surveys, until the following conditions are met. 1. The ind…