Louisiana Administrative Code

A.1. ANSI/ASHRAE/IESNA Standard 90.1-2007 is hereby adopted as the Commercial Building Energy Conservation Code for applicable buildings. 2. The International Energy Conservation Code, 2009 edition, is hereby adopted as the Commercial Building Energy Conservation Code for applica…

Alteration―alterations, renovations or repairs to existing buildings in accordance with R.S. 40:1574(C), (D), (E), (F), and (G). ANSI/ASHRAE/IESNA 90.1―the latest edition adopted by the State Fire Marshal, pursuant to the provisions of the Louisiana Administrative Procedure Act, …

A. All commercial building plans submitted to the Office of State Fire Marshal that are included in the scope of the Commercial Building Energy Conservation Code shall contain energy code compliance documentation as required by LAC 55:V.2604. B. Additions to existing buildings wi…

A. For commercial buildings in all categories except low-rise residential buildings identified in ANSI/ASHRAE/IESNA 90.1, demonstration of compliance with COMcheck, materials as developed by Pacific Northwest National Laboratory for the U.S. Department of Energy's Office of Codes…

A. The following amendments to COMCheck are adopted for Louisiana. 1. Remove requirement that air handlers run continuously. 2. Remove all requirements for use of economizers anywhere in Louisiana. 3. Delete IECC Section 103, ‘Construction Documents’, Section 104, ‘Inspections’, …

A. This Chapter shall be applicable to consulting services contracts governed by R.S. 39:1621(B), social services contracts which are not exempted by R.S. 39:1619(B), and any other competitive sealed proposals governed by R.S. 39:1595. B. Competitive Sealed Proposals 1. For purpo…

A. All request for proposals (RFP) solicitations should: 1. specifically define the task and desired results of project; 2. identify agency liaison personnel and resources available to the contractor; 3. state approximately when the contractor can begin the work, plus an estimate…

A. The final selection of a contractor shall be made in accordance with the selection criteria established in the RFP. However, no contract may be enforced against the state until approval of the contract has been granted by the Office of State Procurement. When a final selection…

A. Purpose. The purpose of this Chapter is to implement a water quality trading (WQT) program and establish minimum requirements and procedures for entities regulated under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and the Louisiana Administrative Code (LAC…

Best Management Practices (BMPs)—schedules of activities, prohibitions of practices, maintenance procedures, and other management practices designed to prevent or reduce the pollution of the waters of the state, including; treatment requirements, operating procedures, and practic…

A. Water quality trading authorized under these regulations may not be used to meet technology-based effluent limitations unless expressly authorized by the underlying effluent guidelines. B. The department may authorize trading under the following scenarios. 1. Point source-to-p…

A. If a previously authorized watershed trading framework exists (see LAC 33:IX.2609), and is applicable, a WQT plan shall be consistent with the watershed trading framework. A WQT plan may reference the watershed trading framework or components within the watershed trading frame…

A. The department may establish watershed trading frameworks for one or more watersheds in any TMDL, TMDL implementation plan, independent state water quality management plan, or by a separate agency order to describe details of watershed-level trading processes and standards. B.…

A. The requirements that comprise a trading baseline may be derived from: 1. technology-based effluent limit or water quality based effluent limits, whichever is more stringent, for point-point source trades that does not include surplus discharge capacity; 2. LPDES permit requir…

A. A trading area shall be defined ecologically where a pollution reduction in one part of the area can be linked to a pollutant being traded that results in a net water quality improvement at a point of compliance, which can be demonstrated using accepted and verified model or r…

A. The permittee and creditors will quantify the water quality benefits of a trading project based on estimated values for specific types of BMPs, modeling specific to the watershed trading framework or project, and/or by measuring the water quality benefits of a trading project …

A. WQT shall include one or more trading ratios that apply to credits. Ratio components and underlying assumptions shall be clearly documented in the WQT plan. B. Trading ratios may be used to account for variables associated with a trading project including, but not limited to t…

A. The department may authorize two types of credits dependent on the credit baseline. 1. Long-term credits shall be available above the credit baseline so long as the project that generates the credit is maintained and meets performance standards. 2. Interim credits shall be ava…

A. The Medicaid Program shall provide coverage and reimbursement for labor and delivery services rendered by free-standing birthing centers (FSBCs). Stays for delivery at the FSBC are typically less than 24 hours and the services rendered for labor and delivery are very limited, …

Birthing Center⎯a facility, for the primary purpose of performing low-risk deliveries, that is not a hospital or licensed as part of a hospital, where births are planned to occur away from the mother’s usual residence following a low-risk pregnancy. Low-Risk Pregnancy⎯a normal, u…

A. Free-standing birthing centers shall be reimbursed for labor and low-risk delivery services provided to Medicaid eligible pregnant women by an obstetrician, family practitioner, certified nurse midwife, or licensed midwife. FSBC services are appropriate when a normal, uncompli…

A. In order to enroll to participate in the Louisiana Medicaid Program as a provider of labor and delivery services, the FSBC must: 1. be accredited by the Commission for Accreditation of Birth Centers; and 2. be approved/certified by the Medicaid medical director. B. The FSBC sh…

A. The FSBC shall have on staff: 1. a licensed obstetrician, family practitioner, certified nurse midwife, or licensed midwife who shall attend each woman in labor from the time of admission through birth and the immediate postpartum period. a. A licensed midwife providing birthi…

A. All gaming revenue summary reports, together with all necessary subsidiary schedules, shall be submitted to the division no later than 48 hours from the end of the licensee's or casino operator’s specified gaming day in a manner specified by the division. 1. For reporting purp…

A. The following requirements shall apply throughout this Chapter. 1. Each licensee and casino operator, in such manner as the division may approve or require, shall keep accurate, complete, legible, and permanent records of all transactions pertaining to revenue that is taxable …

A. On a quarterly basis, a licensee and casino operator shall provide a report to the division, no later than the 10th day following the reported quarter, containing the number of slot machines and table games along with a total number of gaming positions in its designated gaming…

A. Each licensee or casino operator that is a corporation shall keep on the premises of its gaming establishment, or other premises as approved by the division, the following documents pertaining to the corporation: 1. a certified copy of the articles of incorporation and any ame…

A. Upon request and at a location designated by the division, each licensee and casino operator shall provide the division with the records required to be maintained by this Chapter. Each licensee and casino operator shall retain all such records for a minimum of five years in a …

A. The division may prescribe a uniform chart of accounts including account classifications in order to insure consistency, comparability, and appropriate disclosure of financial information. The prescribed chart of accounts shall be the minimum level of detail to be maintained f…

A. Each licensee and casino operator shall submit to the division, in a manner prescribed by the division, audited financial statements reflecting all financial activities of the licensee's or casino operator’s establishment prepared in accordance with generally accepted accounti…

A. Each licensee and casino operator shall maintain in cash or cash equivalent amounts sufficient to protect patrons against defaults in gaming debts owed by the licensee or casino operator. The licensee or casino operator shall use the appropriate calculation below: 1. Licensed …

A. Each licensee and casino operator shall describe, in such manner as the division may approve or require, its procedures in detail in a written system of internal controls. Each licensee and casino operator shall submit a copy of its internal controls to the division for approv…

A. Keys 1. Sensitive keys are maintained in a secure area subject to surveillance. 2. All restricted sensitive keys shall be stored in an immovable lockable key box or an automated access key box. 3. The lockable key box shall have two differently keyed locks: a. the two keys to …

A. All authorized persons accessing any count room when unaudited funds are present shall wear clothing without any pockets or other compartments with the exception of division agents, security personnel, internal auditors, and external auditors. B. Cage employees shall not bring…

F. Playing cards, both used and unused, shall be maintained in a secure location to prevent unauthorized access and reduce the possibility of tampering.

A. Currency of the United States received from a patron in the gaming area shall be promptly placed: 1. in the lock box at the table; 2. in the appropriate place in the cashiers' cage; or 3. in an appropriate place on the table, in the cash register, or in another repository appr…

A. All gaming employees shall convert cash tips or gratuities from a patron to value chips except for slot gaming employees, change persons, cashiers, and bar tenders who may accept cash as a tip or gratuity from a patron. Security personnel may accept cash tips or gratuities out…

A. Any reference to slot machines or slots in this Section includes all electronic gaming devices. Provisions in this Section which are only applicable when coins and tokens are used shall not apply to coinless and tokenless devices. B. Whenever a patron wins a jackpot that is no…

A. Supervision shall be provided during all poker games by personnel with authority greater than those employees conducting the games. B. Poker area transfers between table banks and the poker bank or casino cage shall be authorized by a supervisor and evidenced by the use of a l…

A. This Section shall only apply to a licensee as defined in R.S. 27:44 pursuant to R.S. 27:86. B. Access to the computer system shall be adequately restricted. Adequate restrictions in this context include changing passwords and physically restricting access to computer hardware…

A. Each licensee and casino operator shall have a main bank that serves as the financial consolidation of transactions relating to all gaming activity. B. Individuals accessing the main bank or casino cages, who are not employees assigned to those areas, shall sign a log maintain…

A. A licensee or casino operator may exchange a patron's tokens and chips issued by another licensee, foreign chips and tokens, only for its own tokens and chips. A licensee or casino operator shall not exchange tokens or chips issued by another licensee or casino operator for ca…

A. Each licensee and casino operator shall be responsible for proper reporting of certain monetary transactions to the federal government as required by the Bank Records and Foreign Transactions Act, commonly referred to as the "Bank Secrecy Act" of 1970 as codified in 31 USC 531…

A. Net gaming proceeds shall include the amount of gaming credit extended to a patron when wagered. 1. The casino operator or casino manager may take a deduction against credit extended for credit instruments and checks, which are uncollectable subject to an annual cap of 4 perce…

A. The Department of Children and Family Services (DCFS) shall provide real-time or immediate electronic access to a database containing current information for persons having child support arrearages or overpayments. This access shall be available to the entities licensed or per…

A. The board or division may extend the time for filing any report or document required by this Chapter.

A. If a licensee or casino operator disputes the division’s determination or calculation of taxes and fees owed, it may file a petition with the board requesting a determination of the taxes and fees. A copy of the petition shall be served on the division. B. Within 30 days of fi…

A. If a licensee or casino operator asserts a claim for a refund of taxes or fees paid, it may file a claim for a refund with the board and serve a copy of the claim on the division. B. A licensee or casino operator shall file with the board a memorandum of facts and authorities …

A. Purpose. The purpose of this Chapter is to provide for the identification, management, and abatement of asbestos-containing materials in schools and state buildings that may pose an unreasonable risk to students, school personnel, and the public. B. Applicability 1. The provis…

A. The terms used in this Chapter are defined in LAC 33:III.111 and LAC 33:III.5151.B of these regulations with the exception of those terms specifically defined in this Section as follows. Accessible―when referring to asbestos-containing material, material that is subject to dis…