Louisiana Administrative Code

A. Purpose 1. As required by the IRS statute found at 26 USCS 6103(p)(4) and its supplemental publication 1075, the Department of Children and Family Services(DCFS) will conduct fingerprinting, along with national, state and local criminal history record checks on all individuals…

A. The rules contained herein are promulgated by the Louisiana Bureau of Criminal Identification and Information of the Department of Public Safety and Corrections, Office of State Police, in order to set forth the policies and procedures applicable to requesting and receiving cr…

A. For the purposes of these rules, the following words and phrases shall mean: Applicant—a person who has submitted a request to the Louisiana Department of Public Safety and Corrections, Office of State Police, Louisiana Bureau of Criminal Identification and Information in acco…

A. An individual wishing to be approved as an authorized agency must submit an application to the bureau along with the following documents to prove the individual's qualifications. 1. The applicant must be currently licensed in the state of Louisiana as a private investigator or…

A. A request for the bureau to conduct a criminal history check authorized by R.S. 40:1203.2 shall be made on a form provided by the bureau and submitted to it by an employer or authorized agency. B. Each request for a criminal history check authorized by R.S. 40:1203.2 submitted…

A. Any authorized agency or employer which receives criminal history information pursuant to R.S. 40:1203.7 shall maintain the confidentiality of the records obtained. B. The criminal history information received by an employer or authorized agency shall be used for the sole purp…

A. Scope. For the purpose of this Part, certain abbreviations, terms, phrases, words and their derivatives shall be construed as set forth in this Chapter or the Chapter to which they are unique. B. Tense, Gender, and Number. Words used in the present tense include the future. Wo…

Editor’s Note: The text in this Section will be effective on January 1, 2013. A. Unless otherwise specifically provided herein, the following words and terms used in this Part of the Sanitary Code (LAC 51:XIV) are defined for the purposes thereof as follows. Access Cover—a remova…

A. The basis for the sentence for any offender convicted of a felony is determined by locating the designated sentence range in the appropriate cell of the sentencing guidelines grid, hereinafter referred to as the grid. See Chapter 4, §403.A, Sentencing Guidelines Grid. The appr…

A. The crime seriousness level is determined by the offense of conviction. B. Offenses are ranked according to the following: 1. the interest protected; and 2. the type and level of harm or threat of harm proscribed by statute. C. The placement of an offense in a particular serio…

A. The Criminal History Index Classification System, hereinafter referred to as the criminal history index, is the method of evaluating an offender's criminal history in a uniform and consistent manner. The criminal history index is used to reflect increased levels of culpability…

A. The Appropriate Grid Cell 1. The offense of conviction determines the appropriate seriousness level on the vertical axis of the grid. See Chapter 4, §403.A, Sentencing Guidelines Grid. 2. The offender's criminal history index score determines the appropriate criminal history c…

A. Procedure for Departure 1. The designated sentence range provided in the grid is appropriate for a typical case; that is, an offense committed without aggravating or mitigating circumstances. 2. A departure from the designated sentence range occurs whenever the court imposes a…

A. If an offender has been convicted of an offense for which a mandatory term of imprisonment must be imposed which exceeds the maximum duration provided in the designated sentence range for that offense, the court should impose the minimum sentence required by law to be served i…

A. If the minimum sentence duration provided by the sentence range in the appropriate cell of the grid exceeds the statutory maximum sentence for the offense of conviction, the court should impose the statutory maximum sentence unless mitigating circumstances justify imposition o…

A. Factors to be Considered 1. The sentencing court may impose either concurrent or consecutive sentences in cases where a defendant has been convicted of two or more offenses. In determining whether to impose either a concurrent or a consecutive sentence, the court should consid…

A. Earnable compensation shall not include compensation paid to an active member or to an inactive member of Teachers' Retirement System of Louisiana (TRSL) if the compensation is paid by a secondary employer and is reported to the Internal Revenue Service (IRS) on a Form 1099, b…

A. An active member candidate for a non-elected position on the board of trustees must be an active member of the system with at least six years of creditable service. B. A participant in the deferred retirement option plan (DROP) is eligible to run as an active member candidate.…

A. A retiree member candidate for a position on the board of trustees must be a retired member of MERS as of the date that the nomination period for the seat closes. B. Any person convicted of a felony offense shall be prohibited from being a candidate for a period of five years …

A. Elections shall be held in years in which the term of an elected member of the board expires. B. In the year 2022, an election shall be held for an active member trustee who is an elected official. C. In the year 2023, an election shall be held for an active member trustee who…

A. The schedule for elections shall be as follows. 1. nominations open on the first business day of April; 2. nominations close by noon of the last business day of April; 3. ballots will be mailed by the last business day of May; 4. ballots are due no later than 4 p.m. of the fou…

A. Candidates for the retiree seat must be nominated by at least 10 active and/or retired members of MERS. B. Candidates for the elected and non-elected active seats must be nominated by at least 25 actively contributing members of MERS. C. The nominating petition must contain th…

A. Approximately five months before the expiration of a trustee’s term, the director will issue a notice of the upcoming vacancy on the MERS’ website and send a notice to participating employers. B. A nominating petition packet will be made available on the MERS’ website and will…

A. In the event an act of God or other circumstances beyond the control of the board prevents compliance with timelines set forth in these rules, the director and the board shall fulfill the responsibilities set out in these rules as soon as practicable.

A. No casino operator, casino manager or licensee, either directly or through any bank, financial institution, credit card company or similar entity, shall issue electronic cards or smart cards that have the capability of allowing patrons to access any line of credit or account, …

A. A food shall be deemed misbranded: 1. if any representation in the labeling is false or misleading with respect to another food; 2. if the food contains two or more ingredients and the designation of the food in the labeling is by a name which includes or suggests the name of …

A. Where the name which appears on the label of any food is not that of the manufacturer, the name shall be qualified by a phrase which reveals the connection such person has with the food, such as "Manufactured for and Packed by _", "Packed for _", "Distributed by", or other sim…

A. Where a person manufactures, packs, sells, or distributes a food at a place other than his principal place of business, the label may state the principal place of business instead of the actual place where each package of such food was manufactured or packed or is to be distri…

A. The requirement that the label shall contain the name and place of business of the manufacturer, packer, seller, or distributor, shall not be considered to modify any requirement that the label shall not be misleading in any particular.

A. The statement of the quantity of the contents shall reveal the quantity of food in the packages, exclusive of wrappers and other material packed with such food.

A. The statement of the quantity of the contents shall be expressed in terms of weight, measure, numerical count, or a combination of numerical count and weight or measure, which are generally used by consumers to express quantity of such food and which give accurate information …

A. A statement of the quantity of the contents by weight shall be in terms of the avoirdupois pound and ounce. A statement of the quantity of the contents by liquid measure shall be in terms of the United States gallon of 231 cubic inches and of the quart, pint and fluid ounce su…

A. A statement of weight or measure in the terms specified in §213 may be supplemented by a statement in terms of the metric systems of weight or measure.

A. Unless an unqualified statement of numerical count gives accurate information as to the quantity of food in the package, it shall be supplemented by a statement of weight, measure, or size of the individual units of the food such as will give accurate information.

A. Statements of quantity of contents shall contain only those fractions that are generally used in expressing the quantity of the food. A common fraction shall be reduced to its lowest terms: a decimal fraction shall not be carried out to more than two places.

A. If the quantity of food in the package equals or exceeds the smallest unit of weight or measure which is specified in §213 and which is applicable to the food under the provisions of §209 and §211 the statement shall express, (except as provided in §223) the number of the larg…

A. Where a number is a whole and a fraction, there may be substituted for the fraction its equivalent in smaller units, if any smaller is specified in §225; for example, 1-3/4 quarts may be expressed as "1 quart 1-1/2 pints" or "1 quart 1 pint 8 fluid ounces"; 1-1/4 pounds may be…

A. In the case of a food with respect to which there exists an established custom of stating the quantity of the contents as a fraction of a unit, which unit is larger than the quantity contained in the package, or as units smaller than the largest unit contained therein, the sta…

A. The statement of the quantity of contents of the package shall express the minimum or the average quantity. If the statement is not so qualified as to show definitely that the quantity expressed is the minimum quantity, the statement shall be considered to mean the average qua…

A. Where the statement expresses the minimum quantity no variation below the stated minimum shall be permitted except variations below the stated weight or measure caused by ordinary and customary exposure, after the food is received from interstate commerce or introduced into st…

A. Where the statement does not express the minimum quantity variations shall be permitted: 1. when caused by ordinary and customary exposure, after the food is introduced into commerce, to conditions which normally occur in good distribution practice and which unavoidably result…

A. The extent of variations from the stated quantity of the contents permissible under §229 and §231 shall be determined by the facts in the case of each individual shipment or other delivery.

A. Labels of food packages shall be exempt from compliance with the requirements of Section 608, (5), (b) of the Act if: 1. the quantity of the contents, as expressed in terms applicable to the food under the provisions of §213 is less than one-half ounce avoirdupois, or less tha…

A. A word, statement or other information required by or under authority of the Act to appear on the label shall be deemed to lack that prominence and conspicuousness required by Section 608 (6) of the Act by reason (among other reasons) of: 1. the failure of such word, statement…

A. No exemption depending on insufficiency of label space as prescribed in §237 and §253 promulgated under Section 608 (5) or (9) of the Act, shall apply if such insufficiency is caused by: 1. the use of label space for any word, statement, design or device which is not required …

A. All words, statements, and other information required by or under authority of the Act to appear on the label or labeling shall appear thereon in the English language.

A. If in addition to the required information the label or labeling contains any representation in a foreign language, all words, statements and other information required by or under authority of the Act to appear on the label or labeling shall appear thereon in the foreign lang…

A. The name of an ingredient (except a spice, flavoring or coloring) required by Section 608 (9) (b) of the Act to be borne on the label of a food, shall be a specific name and not a collective name. However, if a compound ingredient (which itself contains two or more components)…

A. No ingredient shall be designated on the label as a spice flavoring or coloring, unless it is a spice, flavoring or coloring, as understood by consumers. The term "coloring" shall not include any bleaching substance.

A. An ingredient which is both a spice and a coloring, or both a flavoring and a coloring, shall be designated as spice and coloring, or flavoring and coloring, as the case may be, unless such an ingredient is designated by its specific name.