Louisiana Administrative Code

A. All potential pain generators should be thoroughly investigated by complete neurological and musculoskeletal exam and diagnostic procedures. Because CRPS-I is commonly associated with other injuries, it is essential that all related diagnoses are defined and treated. These dis…

A. Diagnostic imaging is a generally accepted, well-established, and widely used diagnostic procedure when specific indications, based on history and physical examination, are present. Physicians should refer to individual OWCA guidelines for specific information about specific t…

A. Diagnostic Components of CRPS-I (RSD) 1. Subjective Complaints. Complaint of pain, usually burning or aching pain and out of proportion to identified pathology. May be sharp, or lancinating. Frequently is present without provocation or movement. 2. Physical Findings: a. Swelli…

A. Non-operative therapeutic rehabilitation is applied to patients with CRPS or SMP who experience chronic and complex problems of de-conditioning and functional disability. Treatment modalities may be utilized sequentially or concomitantly depending on chronicity and complexity …

A. When considering operative intervention in chronic pain management, the treating physician must carefully consider the inherent risk and benefit of the procedure. All operative intervention should be based on a positive correlation with clinical findings, the clinical course, …

A. Successful management of chronic pain conditions results in fewer relapses requiring intense medical care. Failure to address long-term management as part of the overall treatment program may lead to higher costs and greater dependence on the health care system. Management of …

A. The standards are intended to encourage district public defenders, assistant public defenders and appointed counsel to perform to a high standard of representation and to promote professionalism in the representation of juveniles facing a possible sentence of life without paro…

A. Since the representation of children facing a possible sentence of life without parole in adult court is a highly specialized area of legal practice, defense counsel should make extraordinary efforts on behalf of his or her client to ensure that trial proceedings “take into ac…

A. Before agreeing to defend a juvenile facing a possible life without parole sentence in adult court, an attorney has an obligation to make sure that he or she has sufficient time, resources, knowledge and experience to offer zealous and high quality legal representation. B. Cou…

A. Counsel should not accept assignment to represent a juvenile facing life without parole unless he or she has available sufficient resources to offer high quality legal representation to the client in the particular matter, including adequate funding, investigative services, mi…

A. Counsel has an obligation to ensure that the case file is properly documented to demonstrate adherence to these standards. Counsel’s file relating to a representation includes both paper and electronic documents as well as physical objects, electronic data and audio-visual mat…

A. Counsel should be alert to all potential and actual conflicts of interest that would impair counsel's ability to represent a client. Loyalty and independent judgment are essential elements in the lawyer’s relationship to a juvenile client. Conflicts of interest can arise from …

A. The allocation of authority between counsel and the client shall be managed in accordance with the Louisiana Rules of Professional Conduct, having particular regard to rules 1.2, 1.4, 1.14 and 1.16. B. Counsel serves as the representative of the client and shall abide by the e…

A. Counsel are to be assigned in accordance with these standards. A minimum of two counsel shall be assigned to each case. Where possible, lead counsel should participate in the decision of who should be assigned as additional counsel. Lead counsel should advocate for the assignm…

A. Counsel should represent the client in the matter assigned from the time of assignment until relieved by the assignment of successor counsel or by order of the court. B. Ordinarily, counsel representing a juvenile facing a life without parole sentence should assume responsibil…

A. Counsel at all stages of the case should make every appropriate effort to establish a relationship of trust and confidence with the client, and should maintain close contact with the client. Representation of a child facing a sentence of life without parole in adult court shou…

A. Recognizing that first contact with a juvenile client facing a possible life without parole sentence is an extremely important stage in the representation of the client, counsel should take all reasonable steps to conduct a prompt initial interview designed to protect the clie…

A. Where a child’s prosecution begins in juvenile court, counsel should be familiar with laws subjecting a child to the exclusive jurisdiction of a court exercising criminal jurisdiction, including the offenses subjecting the client to such jurisdiction. Counsel should seek to di…

A. The attorney should take steps to see that the continued custody hearing is conducted in a timely fashion unless there are strategic reasons for not doing so. B. In preparing for the continued custody hearing, the attorney should become familiar with: 1. the elements of each o…

A. Counsel’s Responsibility to Investigate 1. Counsel has an ongoing duty to conduct a high quality, independent, exhaustive investigation of all matters relevant to the guilt phase, sentencing phase, any possible agreed upon disposition, any potential claim for relief and any po…

A. Duty of Counsel to Seek an Agreed-Upon Disposition 1. Counsel at every stage of the case have an obligation to take all steps that may be appropriate in the exercise of professional judgment in accordance with these standards to achieve an agreed-upon disposition. 2. After int…

A. Obligations Regarding court Hearings 1. Counsel should prepare for and attend all court proceedings involving the client and/or the client’s case. Counsel should be present, alert and focused on the client’s best interests during all stages of the court proceedings. 2. As soon…

A. Duties of Counsel at Re-Trial The standards for trial level representation apply fully to counsel assigned to represent a client at a re-trial of the guilt or sentencing phase. Counsel should be careful to clarify on the record the status of prior rulings made and orders issue…

A. Counsel’s Duty of Trial Preparation 1. Throughout preparation and trial, counsel should consider the defense case theory and ensure that counsel’s decisions and actions are consistent with that theory. Where counsel’s decisions or actions are inconsistent with the theory, coun…

A. Motion for a New Trial and Other Post-Verdict Motions 1. Counsel should be familiar with the procedures and availability of motions for new trial, for arrest of judgment and for a post-verdict judgment of acquittal, including the time period for filing such motions, the formal…

A. Duties of Appellate Counsel 1. Appellate counsel should comply with these performance standards, except where clearly inapplicable to the representation of the client during the period of direct appeal, including the obligations to: a. maintain close contact with the client re…

A. Duties of Post-Conviction Counsel 1. Post-conviction counsel should comply with these performance standards, except where clearly inapplicable to the representation of the client in the post-conviction period of the case, including the obligations to: a. maintain close contact…

A. Supervision of the Defense Team 1. Primary responsibility for the supervision of the defense team and the team’s compliance with these standards rests with lead counsel. Lead counsel shall establish a system for communication, feedback and supervision of the defense team that …

A. The Louisiana State Racing Commission (LRC) is totally committed to deterring substance abuse or use which imperils the health and well-being of our employees and the citizens of this state. To accomplish this, the LRC hereby adopts these Substance Abuse and Drug-Free Workplac…

A. These rules apply to domicile employees, field auditors and appointees of the LRC, as well as potential employees and appointees to those positions. B. Following a job offer, potential employees and potential appointees will be required to submit to pre-employment drug testing…

A. To maintain a safe and productive work environment, all LRC employees are required to: 1. report for duty in the physical and emotional condition which maximizes his/her ability to perform assigned tasks in a competent and safe manner; 2. promptly and cooperatively submit to d…

A. All employees may be required to submit to drug and/or alcohol testing as a condition of employment, as a condition of continued employment, or as a condition of promotion, demotion, reassignment or detail to a safety-sensitive position. Whether announced or unannounced, tests…

A. Drug testing pursuant to this policy shall be for the presence of marijuana, opiates, cocaine, amphetamine/methamphetamine and phencyclidine (PCP) in accordance with R.S. 49:1001 et seq. Testing shall be performed by a contractor chosen by the Office of State Purchasing, Divis…

A. Evidential breath testing (EBT) devices approved by the National Highway Traffic Safety Administration will be used by certified breath alcohol technicians to determine the presence of alcohol in the employee's system. B. The employee will be advised of the results of the brea…

A. The use of illegal drugs, unauthorized alcohol and other controlled or unauthorized substances will not be tolerated. Substance abuse endangers the health and well-being of our employees, prevents quality service to the public and is inconsistent with the LRC's mission. While …

A. All drug and alcohol testing results and records (including all information, interviews, reports and statements) are considered confidential communications, pursuant to R.S. 49:1012, and may not be used or received in evidence, obtained in discovery, or disclosed in any public…

*Editor's Note: The Louisiana Racing Commission has been moved from the Department of Economic Development and has its own Human Resources Division. A. Early recognition and treatment of drug abuse or dependency are essential to successful rehabilitation. Employees experiencing a…

A. The LRC reserves the right to have a licensed physician, of its own choosing and at its own expense, determine if use of prescription medication produces effects which impair the employee's performance or increase the risk of injury to the employee or others. In such case, the…

A. There are no safety sensitive positions in the LRC at this time.

A. Mission. To provide for the enhancement of programs for persons who are licensed and permitted through the Randolph-Sheppard Business Enterprise Program. B. Program Administration 1. The administration of the fund shall be exercised by Louisiana Workforce Commission, Louisiana…

A. Senate Bill No. 676, Act 1285 of the 1995 Regular Session, Chapter 49 of Title 46 of the Revised Statutes 46:2641 through 2645.

Agency—Louisiana Rehabilitation Services of the Office of Workforce Development within the Louisiana Workforce Commission, which licenses blind vendors. Blind Enterprise Program―the services available to establish business enterprises and other similar programs for persons who ar…

A. The Blind Vendors Trust Fund Board shall be composed of nine members as follows: 1. the director of Louisiana Rehabilitation Services or his or her designee; 2. eight members of the Louisiana Blind Vendors Elected Committee. B. The board shall be domiciled in East Baton Rouge …

A. The Blind Vendors Trust Fund shall consist of monies collected from certain vending machines located on state, federal, and other property pursuant to the Randolph-Sheppard Act. B. The fund may receive monies from any source. C. The legislature may make annual appropriations t…

A. The monies in the fund shall be used solely for programs to provide services for the Blind Enterprise Program established in Louisiana pursuant to the Randolph-Sheppard Act. B. Money in the trust fund from vending machines located on federal property shall be distributed for t…

A. The director of Louisiana Rehabilitation Services or his designee shall arrange for full and accurate financial records to be maintained in compliance with law and shall make a full and complete report to the board annually.

A. Nondiscrimination. All programs administered by and all services provided by the agency shall be rendered on a nondiscriminatory basis without regard to race, creed, color, age, religion, sex, national origin, disability, ethnicity, or status with regard to public assistance i…

A. Permits may be granted to owners of land contiguous to and abutting navigable waterbottoms belonging to the state to construct landfills either for the purpose of reclaiming or recovering land lost through erosion by action of the water body if said erosion occurred on and aft…

A. Any person applying pesticides for a fee, private applicators described in §709, and commercial applicators described in §711, with the single exception of applicators listed in §711.B.2.g Category 7, shall accurately maintain, for a period of three years, records of pesticide…

A. The requirements of this rule apply to sales of: 1. pesticides classified as restricted use pesticides by the commissioner or the EPA; 2. pesticides which, upon disposal, are classified as hazardous wastes; and 3. pesticides listed in §1103.B, except when sales of pesticides l…