Louisiana Administrative Code

A. The following procedures have been established to accomplish these goals. 1. Within 48 hours of notification by the Coroner's Office (or any concerned individual) that a SIDS death has occurred, the health unit; i.e., public health nurse, contacts the family to arrange a home …

A. The IV-A Agency shall treat support payments received by FITAP applicants and recipients in the month of certification, prior to authorization of the first payment, as income in determining both eligibility and the amount of assistance to be provided by the agency. Such suppor…

A. In all new or modified child support orders enforced by Child Support Enforcement Section (CSE) and all new child support orders after January 1, 1994, that are not being enforced by CSE, the court shall order an immediate income assignment unless a written agreement exists be…

A. The child support award guidelines established in R.S. 9:315 et seq. shall be used in any proceeding to establish or modify child support orders. There shall be a rebuttable presumption that the amount of the child support established by use of the guidelines is the proper amo…

A. SES will send a notice every three years advising both parties to the support order of the right to request a review. If either party requests a review or if there is an assignment under Temporary Assistance to Needy Families (TANF), SES will conduct the review and, if appropr…

A. Effective January 1, 1986, the Department of Health and Human Resources, Office of Family Security, shall implement the collection of spousal support. B. In order to qualify for spousal support, the following must be met by the payee: 1. a prior child support order has been es…

A. Effective October 2, 1998 the agency will distribute child support collections in the following manner. 1. In cases in which the applicant/recipient (AR) currently receives Family Independence Temporary Assistance Program (FITAP) benefits, collections received in a month will …

A. Effective 3/1/86 the Department of Health and Human Resources, Office of Family Security will began charging an application fee of $122.50 to non-FITAP payees who apply for full-service Internal Revenue Services (IRS) Collection. IRS charges the Support Enforcement Program $12…

A. Upon notification that an erroneous payment has been made, SES will automatically withhold up to 10 percent from each future child support payment to recover this loss when the individual has given consent to the automatic recovery during the application process. If the indivi…

A. Effective October 1, 1988, an application fee will be charged to any former FITAP recipient who reapplies for support enforcement services more than 30 days after services are discontinued because of failure to cooperate. An application fee will also be charged to any former F…

A.1. Effective April 1, 2006, electronic disbursement of child support payments shall be mandatory except in the following situations: a. payments are forwarded to private collection agencies; b. physical or other disabilities impose a hardship to receive payments via electronic …

A. The IV-D Program shall charge a fee of $10 per request for non-FITAP, locate-only requests. An additional $4 charge shall be made if the Social Security number of the noncustodial parent is not provided.

A. SES will charge an application fee of $25 to each individual who applies for services and does not receive FITAP, MEDICAID, or IV-E Foster Care. A fee is not required if an applicant reapplies for child support through SES within six months after a case is closed, unless the c…

A.1. Effective October 1, 2006, in the case of an individual who has never received assistance under a state program funded under Part A of the Social Security Act and for whom the state has collected at least $500 of support, the state shall impose an annual fee of $25 for each …

A. Support Enforcement Services will establish, modify and enforce interstate child support obligations under the provisions of the Uniform Interstate Family Support Act (UIFSA).

A. SES shall use high-volume, automated administrative enforcement on interstate cases to the same extent as used for intrastate cases. This means the use of automatic data processing to search various state data bases, including license records, employment service data, and stat…

A. Child Support Enforcement (CSE) shall secure medical support information and enforce medical support through the use of the national medical support notice. B. Unless the custodial parent and child(ren) have satisfactory health insurance other than Medicaid, IV-D shall petitio…

A. SES will request withholding of any state income tax refunds due to individuals who have child support arrearages in excess of $50. Support payments received through state tax intercept will be distributed in accordance with federal regulations. B. SES will charge a $4 fee to …

A. SES will send an advance notice to each noncustodial parent owing past-due child support whose name is submitted for interception of state tax refund. This notice will advise the noncustodial parent of the right to administrative review if the state tax information is conteste…

A. SES will collect past-due support by referral of appropriate cases to the United States Financial Management Service, Department of the Treasury, effective November 1, 1997. The Financial Management Service is authorized to intercept any funds payable by the federal government…

A. SES shall collect past-due support by federal tax refund offset according to federal criteria. B. SES shall deduct the processing fee imposed by the Internal Revenue Service from each non-FITAP payee's refund check.

A. Effective May 1992, the Department of Social Services, Office of Family Support, shall implement interception of lottery winnings from the Louisiana Lottery Corporation of a delinquent support payor. B. Support Enforcement Services will send to the Louisiana Lottery Corporatio…

A. The Department of Health and Human Resources, Office of Family Security, implemented withholding of unemployment benefits as a method of collecting unmet support obligations owed in both FITAP and non-FITAP cases, effective October 1, 1982.

A. The Department of Health and Human Resources, Office of Family Security, implemented enforcement of support orders, effective October 1, 1982. B. This action provides for continued enforcement of child support orders in arrears, posting of bond and continued wage withholding a…

A. The agency may, under certain circumstances, petition the courts for an order to suspend the license(s) of an individual who is not in compliance with an order for support. The criteria for referral are as follows: 1. cases which have a support order which is being enforced in…

A. The Support Enforcement Program will report periodically to credit bureaus/consumer reporting agencies, the name of any noncustodial parent (absent parent) who is delinquent in the payment of support, and the amount of overdue support owed by such parent. The agency shall prov…

A. In cases in which a noncustodial parent transfers income or property to avoid payment of support, SES shall seek to void such transfer.

A. In cases in which SES is providing services and the client hires a private attorney, SES may enter into a cooperative agreement with the attorney. The purpose of the agreement is to provide the private attorney with information on the payor so that the attorney can assist the …

A. CSE may administratively suspend licenses of child support obligors who are not in compliance with an order for support. License suspension will be considered if income assignment is not effective, or if the obligor is not making payments or is making only periodic payments. A…

A. SES shall administratively collect past due child support in accordance with the Passport Denial Program. Individuals owing past due child support amounts in excess of $2,500 will be certified by referral to the Secretary of the United States Department of Health and Human Ser…

A. Support Enforcement Services may refer support cases to the Department of Revenue and Taxation which can use any means available under law to collect delinquent court-ordered child support payments. SES will provide to the obligor a 30-day advance notice prior to referral. B. …

A. SES may obtain information relating to motor vehicle and law enforcement files for purposes of locating a noncustodial parent and for purposes of enforcing orders.

A. SES will periodically provide a listing of noncustodial parents who are delinquent in child support payments for publication by the media. Publication may be at the expense of DSS or on a public service basis. The information will also be included on the DSS homepage on the In…

A. SES will periodically publish a "Most Wanted" poster featuring 10 or more noncustodial parents each of whom meets the following criteria: 1. owes a total of $5,000 or more in past due support; 2. has not been making regular payments; and 3. his/her whereabouts are unknown or u…

A. It is the responsibility of the applicant to provide, except where specifically exempted in this Chapter, all information required by this Chapter in the application. B. It is the responsibility of state and federal government agencies to provide information for applications a…

A. Each permit application shall include a description of the existing, premining environmental resources within the proposed mine plan area and adjacent areas that may be affected or impacted by the proposed surface mining activities.

A. Each application shall describe and identify: 1. the size, sequence and timing of the subareas of the mine plan area for which it is anticipated that individual permits for mining will be requested over the estimated total life of the proposed surface mining activities; 2. the…

A. Each application shall contain a description of the geology, hydrology, and water quality and quantity of all lands within the proposed mine plan area, the adjacent area and the cumulative impact area. The description shall include information on the characteristics of all sur…

A. General. Each application shall include geologic information in sufficient detail to assist in determining: 1. the probable hydrologic consequences of the operation upon the quality and quantity of surface water and ground water in the permit and adjacent areas, including the …

A. The application shall include the location and ownership for the permit and adjacent areas of existing wells, springs and other ground-water resources, seasonal quality and quantity of ground water, and usage. Water quality descriptions shall include, at a minimum, total disso…

A. The application shall include the name, location, ownership and description of all surface-water bodies such as streams, lakes and impoundments, the location of any discharge into any surface-water body in the proposed permit and adjacent areas, and information on surface-wate…

A. If the determination of the probable hydrologic consequences (PHC) required by §2523 indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamin…

A. Hydrologic and geologic information for the cumulative impact area necessary to assess the probable cumulative hydrologic impacts of the proposed operation and all anticipated mining on surface- and ground-water systems as required by §2525 shall be provided to the office if a…

A. The use of modeling techniques, interpolation or statistical techniques may be included as part of the permit application, but actual surface- and ground-water information may be required by the office for each site even when such techniques are used.

A. If the PHC determination required by §2523 indicates that the proposed mining operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agr…

A. The application shall contain a determination of the probable hydrologic consequences (PHC) of all anticipated mining within the permit area upon the quality and quantity of surface water and ground water under seasonal flow conditions for the proposed permit and adjacent area…

A. The office shall provide an assessment of the probable cumulative hydrologic impacts (CHIA) of the proposed operation and all anticipated mining upon surface- and ground-water systems in the cumulative impact area. The CHIA shall be sufficient to determine, for purposes of per…

A. When requested by the office, the application shall contain a statement of the climatological factors that are representative of the proposed mine plan area, including: 1. the average seasonal precipitation; 2. the average direction and velocity of prevailing winds; and 3. sea…

A. The permit application shall contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. This description shall include information adequate to predict the potential …

A. The applicant shall provide adequate soil survey information of the permit area consisting of the following: a map delineating different soils; soil identification; soil description; and present and potential productivity of existing soils. B. Where the applicant proposes to u…