Louisiana Administrative Code

A. The application shall contain a statement of the condition, capability and productivity of the land within the proposed permit area, including: 1. a map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use…

A. The permit application shall include maps showing: 1. all boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area; 2. the boundaries of land within the proposed permit area upon which t…

A. The application shall include cross-sections, maps and plans showing: 1. elevations and locations of test borings and core samplings; 2. elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if r…

A. All permit applications, whether or not prime farmland is present, shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The office, in consultation with the U.S. Soil Conservation Service, shall determi…

Ownership Interest―owning shares or securities issued by a corporation, being a partner in any kind of partnership, being a member of a limited liability company, or owning or possessing any interest in any other kind of legal entity. Transfer—to alienate, assign, acquire, bequea…

A. The transfer of a license, permit or an application for a license or permit is prohibited. B. No person shall transfer any interest of any sort whatsoever in a licensee, permittee, casino operator or casino manager, or foreclose on a security interest in a licensee, permittee,…

A. Except as otherwise provided in this Chapter, the transfer of the following interests shall receive prior written approval of the board or division: 1. other than the transfer of securities in a publicly traded corporation, an ownership or economic interest of 5 percent or mor…

A. Any person seeking prior approval of a transfer of interest as required by this Chapter shall make application to the board or division. The application shall include: 1. all application forms, including personal history forms, required by the board or division; 2. all documen…

A. The transfer of an interest in a licensee, permittee, casino operator or casino manager to a person who then holds an interest in, or is an affiliate of, such licensee, permittee, casino operator or casino manager and who has previously been determined qualified and suitable i…

A. Each person, other than an institutional investor as defined in the Act, who individually, or in association with others, acquires an ownership or economic interest of 5 percent or more of any class of publicly traded voting securities of a licensee, permittee, casino operator…

A. The transfer of more than 50 percent ownership or economic interest or a transfer that has the effect of transferring control in a licensed eligible facility is prohibited. B. The casino operator shall not transfer the casino operating contract or any interest therein, or subc…

A. Unless otherwise expressly approved by the board, all ownership securities or stock issued by a licensee, permittee, casino operator or casino manager shall bear on both sides of the certificate a statement of the restrictions containing the following inscription: 1. “The purp…

A. In the event the division institutes an administrative action against a licensee, permittee, casino operator or casino manager which involves an alleged significant violation of the Act or rules, the division may, at the time of instituting the action or any time thereafter, f…

A. If a transfer of interest which requires prior board approval under this Chapter is contemplated, and in the opinion of the board, the exigencies of the situation require that the proposed transferee be permitted to take part in the conduct of operations or to make available f…

A. A proposed transferee who seeks to participate in an operation pursuant to an emergency order of the board must submit a written request to the board which shall contain the following: 1. a complete description of the extent to which and the manner in which the proposed transf…

A. After receipt of a proper application for emergency permission to participate, the division shall determine if all necessary documents and information have been provided by the transferee. If the division determines all necessary documents and information have been provided by…

A. The granting of emergency permission to participate is a revocable privilege. The granting of emergency permission to participate is not a finding by the board that the applicant for emergency participation is qualified and suitable in accordance with the Act and rules. Such e…

A. No money or other thing of value shall be paid, remitted, or distributed, directly or indirectly, to a proposed transferee, including a transferee with emergency permission to participate, until the board has approved the transfer and transferee. B. All money or other things o…

A. No licensee, casino operator, casino manager or an affiliate shall enter into a debt transaction except in accordance with these regulations.

Affiliate―a person that directly or indirectly through one or more intermediary or holding company, controls, or is controlled by, or is under common control with the licensee, casino operator or casino manager and is involved in gaming activities in this state or involved in the…

A. Except as provided in §2525, whenever a licensee, casino operator, casino manager or an affiliate proposes to enter into a debt transaction, written notice shall be provided to the board no less than 20 calendar days prior to the proposed transaction. The notice shall be signe…

A. Board approval is not required for the following transactions: 1. sales of securities to be registered with the Securities and Exchange Commission and sold pursuant to an underwriters' agreement; 2. private placement offerings with registration rights under Rule 144A and Regul…

A. An affiliate which is a publicly traded company may apply to the board for shelf approval of debt transactions if it has: 1. a class of securities listed on either the New York Stock Exchange (NYSE), the American Stock Exchange (ASE) or the National Association of Securities D…

A. In accordance with section 13.6 of the casino operating contract and except as provided in §2523, §2524 and §2525 of these regulations, the casino operator or its financing affiliate may obtain debt only from a lender found suitable by the board and only after obtaining approv…

A. This Chapter prescribes minimum requirements for increasing maximum allowable operating pressures (uprating) for pipelines. [49 CFR 192.551]

A. Pressure Increases. Whenever the requirements of this Chapter require that an increase in operating pressure be made in increments, the pressure must be increased gradually, at a rate that can be controlled, and in accordance with the following. [49 CFR 192.553(a)] 1. At the e…

A. Unless the requirements of this Section have been met, no person may subject any segment of a steel pipeline to an operating pressure that will produce a hoop stress of 30 percent or more of SMYS and that is above the established maximum allowable operating pressure. [49 CFR 1…

A. Unless the requirements of this Section have been met, no person may subject: [49 CFR 192.557(a)] 1. a segment of steel pipeline to an operating pressure that will produce a hoop stress less than 30 percent of SMYS and that is above the previously established maximum allowable…

A. Effective July 1, 2014, the Medicaid Program shall provide coverage of family planning services and supplies under the Medicaid state plan, to a new targeted group of individuals who are otherwise ineligible for Medicaid. This new optional coverage group may also include indiv…

A. Recipients who qualify for family planning services in the new categorically needy group include individuals of child bearing age who meet the following criteria: 1. women who are not pregnant and have income at or below 138 percent of the federal poverty level; and 2. men who…

A. Medicaid covered family planning services include: 1. office visits and necessary re-visits for physical examinations as it relates to family planning or family planning-related services; 2. contraceptive counseling (including natural family planning), education, follow-ups an…

A. Family planning services may be delivered through any enrolled Medicaid provider whose scope of practice includes family planning services.

A. All Medicaid providers, including federally qualified health centers, rural health clinics and tribal 638 facilities, shall be reimbursed according to the established fee-for-service rates published in the Medicaid fee schedule for family planning services.

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. Except as provided in Subsection B of this Section, CAMUs are subject to the requirements of LAC 33:V.2603. B. CAMUs that were approved before April 22, 2002, or for which substantially complete applications (or equivalents) were submitted to the department on or before Novemb…

A. To implement remedies under LAC 33:V.3322 or RCRA Section 3008(h), or to implement remedies at a permitted facility that is not subject to LAC 33:V.3322, the administrative authority may designate an area at the facility as a CAMU under the requirements in this Section. CAMU m…

A. To implement remedies under LAC 33:V.3322 or RCRA Section 3008(h), or to implement remedies at a permitted facility that is not subject to LAC 33:V.3322, the administrative authority may designate an area at the facility as a CAMU under the requirements in this Section. CAMU m…

A. For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during remedial activities required under LAC 33:V.3322 or RCRA Section 3008(h), or at a permitted facility that is not subject to LAC 33:V.3322, the administrative authority ma…

[NOTE: This Section is written in a special format to make it easier to understand the regulatory requirements. Like other department and USEPA regulations, this establishes enforceable legal requirements. For this Section, I and you refer to the owner/operator.] A. What is a sta…

A. The administrative authority with regulatory oversight at the location where the cleanup is taking place may approve placement of CAMU-eligible wastes in hazardous waste landfills not located at the site from which the waste originated, without the wastes meeting the requireme…

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…