26,490 sections across 2,319 Louisiana regulatory chapters.
Chapter 23. Rendering Plants; Waste Food Processing; Garbage Disposal-2305 Disposal of Garbage(Formerly §117)
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A. It is unlawful for any person, firm, corporation or partnership, or agent or employee thereof, to feed or allow to be fed garbage to swine. B. All public and private establishments from which garbage is produced shall be required to furnish the board with information as to the…
Chapter 23. Renunciation of Benefit-2301 Terms and Conditions of Renunciation of Benefit
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A. Any person eligible to receive, or receiving, a benefit from the Louisiana State Employees' Retirement System may renounce such benefit under the following terms and conditions. 1. The renunciation shall be unconditional and irrevocable. Once a benefit is renounced, LASERS sha…
Chapter 23. Reporting of Suspected Collusive Bidding or Negotiations-2301 Anticompetitive Practices
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A. For the purposes of this Chapter, an anticompetitive practice is a practice among bidders or proposers which reduces or eliminates competition or restrains trade. An anticompetitive practice can result from an agreement or understanding among competitors to restrain trade such…
Chapter 23. Reporting of Suspected Collusive Bidding or Negotiations-2303 Independent Price Determination
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A. Every solicitation shall provide that by submitting a bid or proposal, the bidder or proposer certifies that the price submitted was independently arrived at without collusion.
Chapter 23. Reporting of Suspected Collusive Bidding or Negotiations-2305 Reporting Suspected Anticompetitive Practices
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A. The chief procurement officer, in consultation with the attorney general, shall develop procedures, including forms, for reporting suspected anticompetitive practices. A procurement officer who suspects that an anticompetitive practice has occurred or may be occurring shall re…
Chapter 23. Reporting of Suspected Collusive Bidding or Negotiations-2307 Detection of Anticompetitive Practices
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A. In order to ascertain whether or not an anticompetitive practice may have occurred or may be occurring, the procurement officer will often find it necessary to study past procurement including, as appropriate, the following: 1. a study of the bidding history of a supply, servi…
Chapter 23. Reporting of Suspected Collusive Bidding or Negotiations-2309 Identical Bidding
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A. The term identical bidding means the submission by bidders or proposers of the same total price or the same price on a particular line item. The submission of identical bids may not signify the existence of collusion. In some instances, price controls imposed by state or feder…
Chapter 23. Reporting of Suspected Collusive Bidding or Negotiations-2311 Possible Anticompetitive Practices
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A. General. The practices which are described in Subsections B-F of this Section and which the procurement officer suspects might be anticompetitive shall be reported in accordance with §2305 (Reporting Suspected Anticompetitive Practices). B. Rotated Low Bids or Proposals. Rotat…
Chapter 23. Requirements for Equipment-2301 General[formerly paragraph 22:18-1]
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A. Equipment used for cooling, heating and holding cold and hot foods, shall be sufficient in number and capacity to provide food temperatures as specified in this Part.
Chapter 23. Requirements for Equipment-2303 Manual Warewashing, Sink Compartment Requirements[formerly paragraph 22:18-2]
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A. A sink with at least three compartments shall be provided for manual washing, rinsing and sanitizing equipment and utensils, except: 1. where an approved alternative process is used as specified in Subsection C of this Section; or 2. where there are no utensils or equipment to…
Chapter 23. Requirements for Equipment-2305 Warewashing Machines[formerly paragraph 22:18-3]
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A. When provided, a warewashing machine shall have an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine's design and operating specifications including the: 1. temperatures required for washing, rinsing and sanitizing;…
Chapter 23. Rule 13—Special Assessment; Creation of Dedicated Fund Account-2301 Purposes
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A. The purpose of this Rule is to implement the provisions of R.S. 40:1428 by assessing a fee on insurers to pay the cost of investigation, enforcement, public education and public awareness, and prosecution of insurance fraud in this state as more fully described in R.S. 40:1421…
Chapter 23. Rule 13—Special Assessment; Creation of Dedicated Fund Account-2303 Fee Assessment
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A. As authorized by R.S. 40:1428, and subject to the limitations provided therein and in this rule, there is hereby assessed an annual fee not to exceed 0.000375 multiplied times the direct premiums received by each insurer licensed by the Department of Insurance to conduct busin…
Chapter 23. Rule 13—Special Assessment; Creation of Dedicated Fund Account-2305 Limitations on the Fee Assessment
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A. The fee shall not be assessed on premiums received on life insurance policies, annuities, credit insurance, crop and livestock insurance, federal flood insurance policies, reinsurance contracts, reinsurance agreements, or reinsurance claims transactions. The fee shall not be a…
Chapter 23. Rule 13—Special Assessment; Creation of Dedicated Fund Account-2307 Allocation of the Fee Assessment
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A. Except as otherwise provided in §2303(D) of this rule, fees collected shall be allocated to the insurance fraud investigation unit within the office of state police, the insurance fraud support unit within the Department of Justice, the section of insurance fraud within the De…
Chapter 23. Rule 13—Special Assessment; Creation of Dedicated Fund Account-2309 Payment of the Fee Assessment
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A. The fee established in R.S. 40:1428 and in this rule shall be paid to the Commissioner of Insurance as required by R.S. 40:1428. B. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption…
Chapter 23. Rule 13—Special Assessment; Creation of Dedicated Fund Account-2311 Fines
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A. The Commissioner of Insurance may levy a fine on any insurer who fails to pay the fee assessed pursuant to this Section when due. Such fine shall not exceed five percent of the fee per month; however, no fine shall be less than $100 per month.
Chapter 23. Rule 13—Special Assessment; Creation of Dedicated Fund Account-2313 Sunset
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A. The special assessment for the automobile theft and insurance fraud prevention authority dedicated fund account as well as the insurance fraud investigation dedication fund account shall be null, void, and unenforceable on July 1, 2024, unless legislative authorization for thi…
Chapter 23. Services-2301 Covered Services
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A. The following services are available to participants in the ADHC Waiver. All services must be provided in accordance with the approved plan of care (POC). No services shall be provided until the POC has been approved. 1. Adult Day Health Care. Services furnished as specified i…
Chapter 23. Services-2301 General Provisions
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A. All specialized behavioral health services must be medically necessary. The medical necessity for services shall be determined by a licensed mental health professional (LMHP) or physician who is acting within the scope of his/her professional license and applicable state law. …
Chapter 23. Services-2303 Covered Services
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A. The following behavioral health services shall be reimbursed under the Medicaid Program: 1. therapeutic services delivered by one of the following practitioners: a. psychiatrist; b. licensed mental health professional; c. provisionally licensed professional counselor; d. provi…
Chapter 23. Services-2303 Individualized Service Plan
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A. All participants shall have an ADHC individualized service plan (ISP) written in accordance with ADHC licensing standards (LAC 48:I.4281).
Chapter 23. Services-2305 Plan of Care
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A. The applicant and support coordinator have the flexibility to construct a plan of care (POC) that serves the participant’s health, safety and welfare needs. The service package provided under the POC shall include services covered under the Adult Day Health Care Waiver, Medica…
Chapter 23. Single State Agency Organization-2301 Authority
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A. Support Enforcement Services (SES) is established in accordance with U.S.C.A., Title 42, Section 651 et seq. and R.S. 46:236.1.2 et seq.
Chapter 23. Single State Agency Organization-2303 State Plan
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A. The Louisiana Health and Human Resources Administration, Division of Youth Services, first adopted the State Plan for Child Support Collection and Establishment of Paternity effective August 1, 1975. Support enforcement services is now the single-state agency operating under t…
Chapter 23. Single State Agency Organization-2304 Expedited Administrative Process
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A. SES will have administrative authority to order the following activities: 1. order genetic testing; 2. subpoena financial or other information needed to establish, modify, or enforce orders, and impose penalties for failure to respond to such subpoenas; 3. direct the noncustod…
Chapter 23. Single State Agency Organization-2305 Child Support Enforcement Staff
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A. Child support enforcement field officers responsible for supplying services shall be: 1. caseworkers, as defined in 45 CFR §303.20(e)(1); 2. child support enforcement personnel who supervise caseworkers; 3. child support enforcement personnel who supervise child support enforc…
Chapter 23. Surety Bond Deposit-2301 General Provisions
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A. Bidders for general obligation bonds of the state must furnish a good faith deposit in the amount of 2 percent of the par value of the bonds (the deposit) offered for sale in the form of a certified check or cashier's check or by surety bond. If a check is used, it must accomp…
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-105 It must contain findings of fact and conclusions, and it must specify the reasons for the conclusions.
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3. Impact of Property Rights Disagreements. This Paragraph applies only when the request relies upon one or more of the standards in §105.Valid Existing Rights.b, c.i, and ii. a. The office must issue a determination that the applicant has not demonstrated valid existing rights i…
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-1105 3. The letter transmitting the notice required under §2323.D.2 must provide a 30-day comment period, starting from the date of service of the letter, and specify that another 30 days is available upon request. At its discretion, the agency responsible for the determination of valid existing rights may grant additional time for good cause upon request. The agency need not necessarily consider comments received after the closing date of the comment period.
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3. The letter transmitting the notice required under §2323.D.2 must provide a 30-day comment period, starting from the date of service of the letter, and specify that another 30 days is available upon request. At its discretion, the agency responsible for the determination of val…
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2301 Responsibility
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A. It is the responsibility of the permit applicant to provide to the office all of the information required by this Chapter.
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2303 Applicability
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A. This Chapter applies to any person who applies for a permit to conduct surface mining activities.
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2304 Certifying and Updating Existing Permit Application Information
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A. If the applicant has previously applied for a permit and the required information is already in AVS, then the applicant may update the information as shown in the following table. If… then the applicant… (1) all or part of the information already in AVS is accurate and complet…
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2307 Compliance Information
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A. Each application shall contain: 1. a statement of whether the applicant, applicant’s operator, any subsidiary, affiliate or persons controlled by or under common control with the applicant or applicant’s operator has had a federal or state mining permit suspended or revoked in…
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2309 Right of Entry and Operation Information
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A. Each application shall contain a description of the documents upon which the applicant bases his or her legal right to enter and begin surface mining activities in the permit area and whether that right is the subject of pending litigation. The description shall identify those…
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2311 Relationship to Areas Designated Unsuitable for Mining
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A. Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for surface mining activities under Chapter 15 or under study for designation in an administrative proceeding under that Chapter. B. …
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2313 Permit Term Information
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A. Each application shall state the anticipated or actual starting and termination date of each phase of the surface mining activities and the anticipated number of acres of land to be affected for each phase of mining and over the total life of the mine. B. If the applicant prop…
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2315 Personal Injury and Property Damage Insurance Information
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A. Each permit application shall contain either a certificate of liability insurance or evidence that the self-insurance requirements in §4309 are satisfied.
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2317 Identification of Other Licenses and Permits
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A. Each application shall contain a list of all other licenses and permits needed by the applicant to conduct the proposed surface mining activities. This list shall identify each license and permit by: 1. type of permit or license; 2. name and address of issuing authority; 3. id…
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2319 Identification of Location of Public Office for Filing of Application
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A. Each application shall identify, by name and address, the public office where the applicant will simultaneously file a copy of the application for public inspection under §3103.D.
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2321 Newspaper Advertisement and Proof of Publication
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A. A copy of the newspaper advertisement of the application and proof of publication of the advertisement shall be filed with the office and made a part of the complete application, not later than four weeks after the last date of publication required under §3103.A.
Chapter 23. Surface Mining Permit Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information-2323 Valid Existing Rights Determination
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A. OSM is responsible for determining valid existing rights for federal lands listed at
Chapter 23. Test Requirements [49 CFR Part 192 Subpart J]-2301 Scope [49 CFR 192.501]
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A. This Chapter prescribes minimum leak‑test and strength-test requirements for pipelines. [49 CFR 192.501]
Chapter 23. Test Requirements [49 CFR Part 192 Subpart J]-2303 General Requirements [49 CFR 192.503]
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A. No person may operate a new segment of pipeline, or return to service a segment of pipeline that has been relocated or replaced, until: [49 CFR 192.503(a)] 1. it has been tested in accordance with this Chapter and §2719 to substantiate the maximum allowable operating pressure;…
Chapter 23. Test Requirements [49 CFR Part 192 Subpart J]-2305 [49 CFR 192.506(a)(3)]
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4. After the test pressure stabilizes at the baseline pressure and within the first two hours of the eight-hour test interval, the hydrostatic pressure must be raised (spiked) to a minimum of the lesser of 1.5 times MAOP or 100 percent SMYS. This spike hydrostatic pressure test m…
Chapter 23. Test Requirements [49 CFR Part 192 Subpart J]-2307 Test Requirements for Pipelines to Operate at a Hoop Stress Less Than 30 Percent of SMYS and at or above 100 psi (689 kPa) Gauge[49 CFR 192.507]
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A. Except for service lines and plastic pipelines, each segment of a pipeline that is to be operated at a hoop stress less than 30 percent of SMYS and at or above 100 psi (689 kPa) gage must be tested in accordance with the following. [49 CFR 192.507] 1. The pipeline operator mus…
Chapter 23. Test Requirements [49 CFR Part 192 Subpart J]-2309 Test Requirements for Pipelines to Operate below 100 psi (689 kPa) Gauge [49 CFR 192.509]
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A. Except for service lines and plastic pipelines, each segment of a pipeline that is to be operated below 100 psi (689 kPa) gage must be leak tested in accordance with the following. [49 CFR 192.509] 1. The test procedure used must ensure discovery of all potentially hazardous l…
Chapter 23. Test Requirements [49 CFR Part 192 Subpart J]-2311 Test Requirements for Service Lines[49 CFR 192.511]
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A. Each segment of a service line (other than plastic) must be leak tested in accordance with this Section before being placed in service. If feasible, the service-line connection to the main must be included in the test; if not feasible, it must be given a leakage test at the op…
Chapter 23. Test Requirements [49 CFR Part 192 Subpart J]-2313 Test Requirements for Plastic Pipelines[49 CFR 192.513]
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A. Each segment of a plastic pipeline must be tested in accordance with this Section. [49 CFR 192.513(a)] B. The test procedure must insure discovery of all potentially hazardous leaks in the segment being tested. [49 CFR 192.513(b)] C. The test pressure must be at least 150 perc…
Chapter 23. Test Requirements [49 CFR Part 192 Subpart J]-2315 Environmental Protection and Safety Requirements [49 CFR 192.515]
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A. In conducting tests under this Chapter, each operator shall insure that every reasonable precaution is taken to protect its employees and the general public during the testing. Whenever the hoop stress of the segment of the pipeline being tested will exceed 50 percent of SMYS,…