Louisiana Administrative Code

A. Purpose. The purpose of these regulations is to limit the quantity of particulate matter (suspended particulate matter) and fluorides emitted from all horizontal stud Soderberg primary aluminum plants and all prebake primary aluminum plants in Louisiana. B. Scope. This Subchap…

A. Purpose. The purpose of this Subchapter shall be to limit the quantity of atmospheric fluoride emissions from phosphate fertilizer plants. B. Scope. This Subchapter applies to those phosphate fertilizer plants which were constructed, or under construction or modification, prio…

A. Purpose. The purpose of this Subchapter shall be to limit the quantity of atmospheric emissions from nitric acid plants. B. Scope. This Subchapter is applicable to all nitric acid production units not subject to NSPS in the state. C. Reserved. D. Emissions. The emission of nit…

A. It is the purpose of this regulation to establish a training program whereby all personnel working with or having access to criminal history record information are made familiar with the substance and intent of the Louisiana privacy and security regulations.

A. The Louisiana Criminal Justice Information System shall be primarily responsible for planning, coordinating, presenting, and approving the privacy and security training programs. The objective of the training program shall be to instruct key employees of affected agencies as t…

A. Every affected agency shall institute an internal training program to familiarize personnel with the proper use and control of criminal history record information. Each such program must contain provisions for specific instructional sessions on Louisiana privacy and security r…

A. Each affected agency shall maintain a written record describing the training procedures employed by the agency and indicating the number of training meetings per year. This record shall be made available to LCJIS staff audit personnel during scheduled annual audits.

A. It is the purpose of these rules to promote the protection of property, workmen, and citizens in the immediate vicinity of an underground facility or utility from damage, death, or injury and to promote the health and well-being of the community by preventing the interruption …

A. For the purposes of these rules, the following terms shall have the meanings ascribed to them in this Section. Damage―any defacing, scraping, gorging, breaking, cutting, or displacement of, impact upon or removal of an underground facility or utility or its means of primary su…

A. The regional notification program must have or be able to demonstrate the following: 1. toll free nationwide telephone number; 2. specifically defined geo-political service area with a goal of no overlap; 3. mechanism for law enforcement to verify locate request information; 4…

A. In accordance with R.S. 40:1749.23(D)(5), established investigative procedures shall adhere to the minimal standards established by the Police Officer Standards and Training (POST) and be demonstrated by an officer’s completion of a certified law enforcement training course. T…

A. The citation issued to a party alleged to be in violation of R.S. 40:1479 et seq., or these rules shall be uniform as developed by the department and may include the following: 1. the violation number; 2. the date of the incident; 3. the location of the incident; 4. the specif…

A. The department may collect such data that will allow law enforcement agencies to determine the number of existing violations and the results of the adjudication process.

A. Pursuant to R. S. 40:1749.11 et seq., and these rules, local government shall have the authority to enforce any and all provisions therein, except the certification process for the regional notification center and the establishment of the uniform citation.

A. A person who is required by this Part to become a member of, participate in, or share the cost of, a regional notification center and who fails to do so shall be subject to a civil penalty of not more than $250 for the first violation and not more than $1,000 for each subseque…

A. Proceedings and adjudication for the levying of civil penalties under this law shall be conducted by the division of administrative law in accordance with regulations adopted pursuant to the Administrative Procedure Act. B. A local governmental subdivision, except justice of t…

A. All civil penalties shall be paid to the state treasury for credit to the underground damage prevention fund, and shall be disbursed as follows: 1. 34 percent shall be retained by the underground damages prevention fund; 2. upon request for disbursement by the agency, within o…

A. There is hereby established a fund in the custody of the state treasurer to be known as the Underwater Obstruction Removal Fund into which the state treasurer shall, each fiscal year, deposit the revenues received from the collection of the monies enumerated in §2101.C, after …

A. In addition to the administrative cost provided for herein, the monies in the fund may be disbursed and expended as directed by the secretary (or assistant secretary) for the following purposes: 1. any underwater obstruction identification, inventory, assessment or removal con…

A. This Section is adopted in accordance with R.S. 11:152, R.S. 11:152.1, R.S. 11:153, R.S. 29:411, et seq., and the Uniformed Services Employment and Reemployment Rights Act (USERRA, 38 U.S.C. 4301 et seq.). B. Purchase of service credit for military service shall be in accordan…

D. The department may review all above provisions every three years, at a minimum to evaluate continuation of these enhanced reimbursements.

A. The inpatient hospital per diem rate paid for acute care services to qualifying urban MSA hospitals-New Orleans area who meet all of the criteria in §2101 shall be increased by indexing annually to 95 percent of the small rural hospital acute per diem rate in effect. B. The in…

A. The Commissioner of Administration may waive in writing, upon the recommendation of the Office of Telecommunications Management, any provision in these rules when the best interest of the state will be served.

A. Any person, corporation or other legal entity desiring to act as a commercial lessor in this state shall: 1. comply with and meet all criteria as set forth in R.S. 33:4861.1 et seq., R.S. 40:1485.1 et seq., and the administrative provisions of LAC 42:I.1701 et seq. and as subs…

A. Each person serving in relation to a commercial lessor as owner, partner, shareholder holding more than 5 percent ownership interest, director, manager or employee shall cooperate with the division's background investigation. Such cooperation shall include, but not be limited …

A. All licenses for commercial lessors issued pursuant to these rules expire at midnight, June 30 of each year. B. The division will consider the same criteria for renewal of licenses as for the original issuance of licenses. Failure to satisfy license criteria rules may result i…

A. No commercial lessor shall directly or indirectly conduct raffles, or provide to the players, patrons, spectators or charitable organization members or workers present at the commercial lessor's premises anything of economic value in the form of a gift or a prize regardless of…

A. No commercial lessor, employee or agent thereof shall take part in or assist with the holding, operating, or conducting of a game of chance. Prohibited participation and assistance by the commercial lessor includes, but is not limited to, being actively involved in decisions m…

A. A licensed commercial lessor may furnish a storage locker or cabinet to an organization for its gaming supplies; however, the locker shall be constructed in such a manner that supplies cannot be removed without a key or undue effort and damage to the cabinet or lock. B. No com…

A. A commercial lessor providing premises, whether for payment or no charge, to a charitable organization for the purpose of conducting a game of chance shall provide the organization with a written lease agreement. The agreement shall include but not be limited to: 1. name of lo…

A. No person licensed as a commercial lessor or his immediate family shall: 1. have a direct or indirect financial interest in any entity which manufactures or distributes supplies or equipment for charitable games of chance; 2. serve as a proprietor, employee, officer, director,…

A. Applicability 1. The provisions of this Chapter shall apply to any affected facility in the Baton Rouge nonattainment area (i.e., the entire parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge) and the region of influence (i.e., affected facili…

D. The department may review all above provisions every three years, at a minimum to evaluate continuation of these enhanced reimbursements.

A. Reimbursement for inpatient hospital services to qualifying high Medicaid academic hospitals who meet all of the criteria in §2201 shall be reimbursed a prospective per diem rate of $3,880.73 for acute inpatient hospital services including special care units. This rate is base…

Advisory Council⎯the 14-member council created pursuant to R.S. 46:2265. Audiologist⎯an individual licensed to practice audiology by the Louisiana Board of Examiners for Speech Pathology and Audiology. Auditory Brainstem Response (ABR)⎯the synchronous electrical response elicited…

A. The program will include the following. 1. The office will require a newborn hearing screening report to be used by the hospitals to report hearing screening results and risk status on all newborns to the risk registry. This form will include written material regarding hearing…

A. Hospitals shall complete the newborn screening report on all live births. B. Hospitals shall conduct hearing screening on all newborn infants before discharge. C. Hospitals shall record the results of the hearing screening on the newborn hearing screening report. D. Hospitals …

A. When the infant is born outside the hospital, the person filling out the birth certificate shall complete the newborn hearing screening report. B. Hearing screening shall be performed at the alternative birthing site before discharge. The results of the screening shall be reco…

A. Personnel. Hearing screening will only be performed by: 1. board eligible or board certified physicians with special training in auditory brainstem response testing and/or otoacoustic emissions and in infant hearing testing. Evidence of training must be submitted to the office…

A. Referrals for infants failing screening must be made to the infants primary care physician and a licensed audiologist within seven days of discharge by the birthing center. B. Appropriate protocols and standards for diagnostic evaluations to determine hearing loss shall be est…

A. All information on the newborn hearing screening report is considered confidential and cannot be released by the office, the hospital or the primary health care facility without the parent or guardian's written informed consent.

A. The office will maintain a risk registry to include information on all live births and infants identified as at risk for hearing loss. B. The office will track at risk infants who fail or do not receive hearing screening prior to hospital discharge. Assistance will be provided…

A. State contracts may provide that the state may inspect supplies and services at the contractor or subcontractor's facility and perform tests to determine whether they conform to solicitation requirements, or after award, to contract requirements, and are therefore acceptable. …

A. The state may enter a contractor's or subcontractor's plant or place of business to: 1. audit cost or pricing data or audit the books and records of any contractor or subcontractor pursuant to R.S. 39:1629 and 1629.1; and 2. investigate in connection with an action to debar or…

A. This document has been prepared by the Louisiana Workforce Commission, Office of Workers’ Compensation (OWCA) and should be interpreted within the context of guidelines for physicians/providers treating individuals qualifying under Louisiana’s Workers’ Compensation Act as inju…

A. The principles summarized in this section are key to the intended implementation of all Office of Workers’ Compensation medical treatment guidelines and critical to the reader’s application of the guidelines in this document. 1. Application of Guidelines. The OWCA provides pro…

A. Carpal tunnel syndrome (CTS) is one of the most common mononeuropathies (a disorder involving only a single nerve). The median nerve is extremely vulnerable to compression and injury in the region of the wrist and palm. In this area, the nerve is bounded by the wrist bones and…

A. Introduction. The two standard procedures that are to be utilized when initially evaluating a work-related carpal tunnel complaint are History Taking, and Physical Examination. History-taking and Physical Examination are generally accepted, well-established, and widely used pr…

A. Electrodiagnostic (EDX) studies are well established and widely accepted for evaluation of patients suspected of having CTS. The results are highly sensitive and specific for the diagnosis. Studies may confirm the diagnosis or direct the examiner to alternative disorders. Stud…

A. Before initiation of any therapeutic procedure, the authorized treating provider, employer, and insurer must consider these important issues in the care of the injured worker. B. First, patients undergoing therapeutic procedure(s) should be released or returned to modified or …