reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter G - Warehouse Receipts › Section XXVII-133 - Paper Warehouse Receipts: Required Form; Issuance; Partial Delivery; Duplicate Receipts; Non-Negotiable Receipts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as herein provided, all paper
				  warehouse receipts shall only be sequentially pre-numbered warehouse receipts
				  on forms furnished by the commission.
B. Agents of the commission shall note the
				  issuance of all partial releases, by number of each such partial release, on
				  the original receipt.
C. Whenever a
				  warehouse receipt is voided, all copies shall be so marked, dated, and signed
				  by an authorized agent of the warehouse; the green and yellow copies of the
				  voided receipt shall be maintained in proper sequence in the warehouse's
				  receipt records and the pink copy shall be mailed to the commission on the day
				  voided.
D. Issuance of Duplicate
				  Negotiable Warehouse Receipt
1. If a
				  negotiable warehouse receipt is lost or destroyed, the warehouse shall notify
				  the commission of such loss or destruction prior to issuance of a duplicate
				  warehouse receipt. A duplicate warehouse receipt replacing a lost or destroyed
				  negotiable warehouse receipt may be issued by the warehouse only upon the
				  written authorization of the commission.
2. Before authorizing issuance of a duplicate
				  negotiable warehouse receipt, the commission shall require that the person
				  applying for authority to issue the duplicate warehouse receipt shall file with
				  the commission a notarized statement that:
a.
				  the applicant is lawfully entitled to possession of the duplicate warehouse
				  receipt;
b. the applicant has not
				  negotiated or assigned the lost or destroyed warehouse receipt; and
c. reports how the original was lost or
				  destroyed.
3. A
				  duplicate negotiable warehouse receipt issued to replace a lost or destroyed
				  receipt shall:
a. be marked duplicate
				  ;
b. be distributed as required
				  under §131.
				  C of this Part;
c. contain the same terms and conditions as
				  the lost or destroyed warehouse receipt; and
d. bear on its face the number and date of
				  the warehouse receipt which it replaces.
4. The warehouse shall retain both the green
				  and the yellow copies of canceled warehouse receipts in numerical order in the
				  warehouse records for a period of at least three years after date of
				  cancellation.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter G - Warehouse Receipts › Section XXVII-134 - Electronic Warehouse Receipts (EWR): Validity; Format; Issuance; Rights and Obligations; Printing; Records Retained; Duplicates

Current through Register Vol. 50, No. 6, June 20, 2024
A. The issuance and transfer of warehouse
				  receipts in electronic form are specifically authorized by this Part. Any such
				  warehouse receipts shall have the same validity and enforceability, for all
				  purposes, as those in paper form.
B. An EWR shall be in the format prescribed
				  in the applicable provider agreement.
C. An EWR issued in accordance with the
				  R.S.
				  3:3401-3425 shall not be denied legal effect,
				  validity, or enforceability on the grounds that the information is generated,
				  sent, received or stored by electronic or similar means.
D. A warehouse shall not be required to issue
				  a warehouse receipt in electronic form.
E. If a warehouse licensed under
				  R.S.
				  3:3401-3425 elects to issue EWRs, and if the
				  depositor or other holder prefers a paper receipt, the warehouse shall cancel
				  the EWR and issue a paper receipt.
F. A warehouse operator intending to issue or
				  issuing EWRs under the
				  R.S.
				  3:3401-3425 shall:
1. issue an EWR through only one authorized
				  provider annually;
2. inform the
				  department of the identity of its provider 60 calendar days in advance of first
				  issuing an EWR through that provider. The department may waive or modify this
				  60-day requirement;
3. before
				  issuing an EWR, request and receive from the department a range of consecutive
				  warehouse receipt numbers that the warehouse will use consecutively for issuing
				  their EWRs;
4. cancel an EWR only
				  when it is the holder of the EWR;
5. receive written authorization from the
				  department at least 30 calendar days before changing providers. Upon
				  authorization, a warehouse may request its current provider to transfer, and
				  that provider shall transfer, its EWR data from the current provider's CFS to
				  the CFS of the authorized provider it selects;
6. notify all holders of EWRs in the CFS at
				  least 30 calendar days before changing providers, unless otherwise allowed or
				  required by FSA; and
7. for
				  purposes of
				  §134. F.4 of this
				  Part, the warehouse is considered a "holder" solely for the purpose of
				  canceling an electronic warehouse receipt on the electronic warehouse receipt
				  system and the warehouse shall in no way be considered the owner of the grain
				  that was covered by the canceled electronic warehouse receipt, absent evidence
				  of sale of that grain to the warehouse.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter H - Grading; Sampling; Out-of-Condition Commodities › Section XXVII-135 - Elevators: Official Grades and Sampling

Current through Register Vol. 50, No. 6, June 20, 2024
A. All agricultural commodities shall be
				  graded and sampled in accordance with official USDA grading standards, as
				  detailed in The Official United States Standards for Grain handbook.
B. Procedures that result in equivalent
				  results to USDA procedures are acceptable.
C. Requirements for Certification as an
				  Elevator Grain Sampler and/or Grader
1. All
				  grain shall be graded by a state or federally certified grader.
2. The commission shall be responsible for
				  the certification of grain samplers and graders.
3. All persons interested in being certified
				  to grade or sample grain for an elevator shall apply on a form which shall be
				  provided by the commission.
4. All
				  applicants shall be trained by a federally certified grader employed by the
				  department.
5. All applicants shall
				  pass an examination which shall be given by the department. The examination fee
				  shall be $5 and shall be submitted with the application. If the applicant
				  successfully completes the examination, he will be required to pay a $25 fee in
				  order to be certified.
6. Each
				  person that has been certified and whose certification has not been revoked or
				  suspended may renew that certification by applying to renew with a fee of
				  $25.
7. All certifications shall
				  expire on December 31 of each year and shall be renewed annually.
8. The grain grader license number issued by
				  the department shall be displayed at the grain elevator at all times.
9. The grain grader license number as well as
				  the weighmaster license number that verified the weight of the grain load shall
				  be displayed on each grain grading and scale ticket.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter H - Grading; Sampling; Out-of-Condition Commodities › Section XXVII-136 - State Official Grain Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Standards established in
Regulations Under the United States Grain Standard Act, As
				  Amended
, USDA, Federal Grain Inspection Service (CFR, Title 7, Chapter
				  VIII, Pt. 800 (Section 800.0 219), 801 (Section 801. 1-801.12), 802 (Section
				  802.0 13), and 810 (Section 810.201 555), shall apply to all Department of
				  Agriculture and Forestry grain inspections.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.3:3405 and
					 R.S.
					 3:3414.3.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter H - Grading; Sampling; Out-of-Condition Commodities › Section XXVII-137 - Out-of-Condition Commodities

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a
				  warehouse operator has reason to believe that any identity-preserved
				  commodities are out-of-condition, or are becoming out-of-condition, he shall
				  give immediate notice of such fact to the director of the commission and to the
				  owner of the commodities.
B. The
				  director shall immediately send a representative to the warehouse to determine
				  whether out-of-condition commodities shall be cleaned, at the cost of the
				  warehouse, or disposed of as the law permits and the circumstances
				  require.
C. The storer of such
				  commodities shall notify the warehouse operator, within 24 hours after receipt
				  of notice, of the disposition to be made of such commodities. If the storer of
				  the commodities fails to make such notice to the warehouse operator, the
				  warehouse operator may dispose of the commodities as authorized by the
				  commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3405.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter I - Records and Reports › Section XXVII-141 - Records Required to be Maintained

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each grain dealer, cotton merchant and
				  warehouse shall maintain the following records, when applicable to the
				  commodity stored or traded, on a current basis in the company's principal
				  office in this state at all times:
1. current
				  financial statement;
2. bank
				  statements;
3. bank
				  reconciliations;
4. broker's
				  statements;
5. current listing of
				  unpriced commodities;
6. sequential
				  record of all scale tickets;
7.
				  sequential record of all warehouse receipts;
8. settlement or distribution
				  sheets;
9. weight sheets;
10. perpetual inventory record;
11. insurance file, including copies of
				  monthly reports to the carrier;
12.
				  record of all assessments collected and remitted;
13. copies of all outstanding
				  contracts;
14. copies of all
				  outstanding notes and mortgages affecting the business;
15. a sample of each lot of grain, which
				  contains grade factors equal to the level set forth for U.S. Sample Grade for
				  each grain as published by the U.S. Department of Agriculture, Grain
				  Inspection, Packers and Stockyards Administration, shall be:
a. maintained for five days from the original
				  grade date; and
b. maintained in
				  separate containers.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter I - Records and Reports › Section XXVII-143 - Reports Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each cotton
				  merchant, grain dealer and warehouse shall file a report of assessments
				  collected from producers, on the form provided by the commission, and remit
				  such assessments to the commissioner no later than the fifteenth day of each
				  month. The assessment report shall be filed each month whether or not any
				  assessments were collected during the month.
B. No later than the fifteenth day of each
				  month, each warehouse shall file a copy of his daily inventory report for the
				  preceding month with the commission.
1. The
				  reports shall be filed on forms provided by the commission.
2. The commission may accept computer
				  print-outs containing the same information as required by the commission's
				  form.
3. The commission may accept
				  any report in substantially the same form which is prepared as a result of any
				  federal requirement in lieu of the report on the commission's form.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter J - Access Requirements › Section XXVII-145 - Access Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  licensee shall permit any officer or authorized representative of the
				  commission or the commissioner to enter all locations listed on the application
				  for license and inspect, examine, and/or audit all contents, facilities,
				  equipment, records, books, accounts, samples, and grading and sampling
				  practices relating thereto at any time during normal working hours, with or
				  without notice.
B. The warehouse
				  operator, cotton merchant, or grain dealer shall provide the necessary
				  assistance required for any inspection, examination, and/or audit made in
				  accordance with
				  R.S.
				  3:3401-3425.
C. Each licensee having physical custody of
				  commodities shall permit any authorized representative of the commission or the
				  commissioner to sample commodities at any time during normal business
				  hours.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3405,
					 R.S.
					 3:3414.3 and
					 R.S.
					 3:3419.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter K - Posting Requirements › Section XXVII-147 - Posting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  grain dealer and cotton merchant shall post its original license issued by the
				  commission in a conspicuous location at its principal place of business. A copy
				  of the license shall be posted at all other locations covered by the
				  license.
B. Each warehouse location
				  shall post its original license issued by the commission so that it is clearly
				  visible at the main entrance to the warehouse. When only a portion of a
				  location is licensed by the commission, that portion licensed by the commission
				  shall be clearly marked.
C. The
				  warehouse schedule of tariffs or charges shall be posted in a conspicuous
				  location at each location.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3405,
					 R.S.
					 3:3409,
					 R.S.
					 3:3411 and
					 R.S.
					 3:3420.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter L - Suspension/Revocation of License; Other Penalties › Section XXVII-149 - Adjudication Required Prior to Suspension/Revocation of License or Imposition of Other Penalties; Amount of Penalties; Surrender of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever the
				  chairman has any reason to believe that a violation of
				  R.S.
				  3:3401-3425 or the regulations contained in this
				  Part has occurred, he shall call a meeting of the commission for the purpose of
				  conducting an adjudicatory hearing to make a determination with respect to the
				  suspected violation.
B. Upon any
				  directive of the chairman, the director shall give written notice to the person
				  suspected of the violation, such notice to comply with the requirements of the
				  Administrative Procedure Act, at least five days prior to the date set for such
				  adjudicatory hearing.
C. At any
				  such adjudicatory hearing, the person suspected of a violation of
				  R.S.
				  3:3401-3425 or the regulations contained in this
				  Part shall be accorded all of the rights set forth in the Administrative
				  Procedure Act.
D. The commission
				  may suspend or revoke a license for any of the grounds set forth in
				  §109 of this Part, or any other
				  violation of
				  R.S.
				  3:3401-3425 or the regulations contained in this
				  Part, whenever proof thereof is made at any adjudicatory proceeding noticed and
				  conducted as required by the Administrative Procedure Act.
E. Whenever the commission makes a
				  determination at an adjudicatory hearing that any violation of
				  R.S.
				  3:3401-3425 or the regulations contained in this
				  Part has occurred, the commission may:
1.
				  suspend or revoke the license;
2.
				  impose a monetary fine;
3. place
				  licensee on probation.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter M - Schedule of Inspections; Voluntary Inspection › Section XXVII-151 - Inspection of Physical Facilities and Contents; Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
A. A complete inspection of the physical
				  facilities and the contents thereof shall be made of each licensee at least
				  once during each license period, but may be made more frequently. Such
				  inspection of facilities and contents may or may not be made in conjunction
				  with an audit of the licensee's books and records.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3405 and
					 R.S.
					 3:3406.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter M - Schedule of Inspections; Voluntary Inspection › Section XXVII-153 - Voluntary Inspection Service

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Warehouses which require more frequent inspection and verification of contents,
				  for whatever reason, may secure such services by making an application to the
				  commission.
B. Voluntary inspection
				  of facilities and contents, and verification thereof, on a schedule which shall
				  be mutually agreed upon between the warehouse applying for voluntary inspection
				  services and the commissioner, shall be made for a fee of $0.01 per
				  hundredweight for commodities normally weighed by hundredweight, $.007 per
				  bushel (or barrel weight converted to bushels as provided by
				  R.S.
				  3:3422 and
				  §127. C of this Part)
				  for commodities normally weighed by bushel, or such other fee as may be
				  promulgated by the commission as an assessment fee on other agricultural
				  commodities or farm products.
C.
				  The fee for voluntary inspection services shall be due and payable within 15
				  days after each inspection is completed.
D. The total fee for each voluntary
				  inspection of facilities and contents shall be determined by multiplying the
				  total amount of commodities under warehouse receipt at the time of voluntary
				  inspection services times the fee set forth in
				  §153. B of this
				  Part.
E. The minimum inspection fee
				  applicable to voluntary inspection services, when performed for any licensee of
				  the commission, shall be $100.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3405 and
					 R.S.
					 3:3422.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter M - Schedule of Inspections; Voluntary Inspection › Section XXVII-155 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The regulations
				  contained in this Part shall not apply to the following:
1. cold storage facilities;
2. facilities which store only commodities
				  which are imported from outside the boundaries of the continental United
				  States;
3. seed dealers licensed
				  under R.S.
				  3:1431 et seq., who store seed for producers,
				  which is identifiable on the bag and in the seed dealer's records as to the
				  owner thereof, but who do not engage in any other activities regulated under
				  R.S.
				  3:3401-3425. This exemption does not apply to
				  seed dealers who issue warehouse receipts.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter M - Schedule of Inspections; Voluntary Inspection › Section XXVII-157 - Prompt Payment for Rice (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3414.2 and
					 R.S.
					 3:3405.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter M - Schedule of Inspections; Voluntary Inspection › Section XXVII-161 - Agricultural Commodities Commission; Self-Insurance Fund (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3405.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-191 - Creation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Grain and
				  Cotton Indemnity Fund is hereby created pursuant to
				  R.S.
				  3:3410.2.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-193 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  words and terms are defined for purposes of this Subchapter and supplement the
				  words and terms defined in
				  §101 of this Part.
Claimant
-a producer, as defined in
					 §101 of this Part.
Fund
-the Grain and Cotton Indemnity
					 Fund.
Insolvency
-the inability of a licensee to
					 meet debts or discharge liabilities.
Licensee
-for purposes of this Subchapter
					 only, a
Licensee
is a cotton merchant as defined in
					 R.S.
					 3:3402(6) or a grain dealer
					 as defined in
					 R.S.
					 3:3402(10).
Value of Commodity
-the quoted price plus
					 or minus premiums or discounts such as moisture and quality
					 factors.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-195 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the
				  insolvency of a licensee, the fund shall be used to reimburse a producer who
				  has not otherwise been fully compensated for grain or cotton sold to the
				  licensee.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-197 - Assessments

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission
				  shall charge an assessment at the rate of 1/25 of one percent on the value of
				  all agricultural commodities regulated under this Chapter which are purchased
				  by grain dealers and cotton merchants licensed in this state.
B. The assessments shall be levied only on
				  commodities which are grown in Louisiana and that are regulated by the
				  commission.
C. The assessments
				  shall be due and payable to the commission by the licensee at the first point
				  of sale, except as otherwise provided for under
				  §199 of this Part.
D. The assessments shall be due to the
				  commission on a monthly basis.
E.
				  Each grain dealer and cotton merchant shall send a completed copy of the
				  Louisiana Grain and Cotton Indemnity Fund Monthly Assessment Report (supplied
				  by the commission) and assessment to the commission by the fifteenth of each
				  month for the preceding month.
F.
				  In the event no assessments are collected by the licensee, the licensee shall
				  still submit a report each month to the commission on the approved
				  form.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-199 - Cotton Merchants Operating on a Cooperative Basis

Current through Register Vol. 50, No. 6, June 20, 2024
A. Cotton merchants operating on a
				  cooperative basis shall pay the assessment rate of 1/25 of one percent of the
				  value of the commodity at the time of each payment, including any initial
				  advance payment, progress payments and final payment to its members as proceeds
				  of the crop.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-201 - Claim Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  monies in the Grain and Cotton Indemnity Fund shall be used solely for the
				  administration and operation of the fund.
B. Any claimant who wishes to assert a claim
				  shall provide, under oath, written and notarized proof of a loss covered by
				  this fund within 60 days of the loss.
C. A written claim shall include all of the
				  following information:
1. name and address of
				  claimant;
2. name of the licensee
				  against whom claimant is asserting a loss;
3. nature of the relationship and transaction
				  between claimant and licensee;
4.
				  the date of the loss which shall be defined as the date on which the claimant
				  knew or should have known that a loss had occurred;
5. the amount of the loss and how
				  calculated;
6. a concise
				  explanation of the circumstances that precipitated the loss;
7. copies of those documents relied upon by
				  claimant as proof of said loss.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-203 - Distribution of Funds for Claims from Prior Insolvency

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any claimant who wishes to assert a claim
				  against a licensee who became or becomes insolvent after January 1, 2008, but
				  before the promulgation of these rules shall provide, under oath, written and
				  notarized proof of a loss covered by this fund within 30 days of notification
				  of claim process.
B. A written
				  claim shall include all of the following information:
1. name and address of claimant;
2. name of the licensee against whom claimant
				  is asserting a loss;
3. nature of
				  the relationship and transaction between claimant and licensee;
4. the date of the loss which shall be
				  defined as the date on which the claimant knew or should have known that a loss
				  had occurred;
5. the amount of the
				  loss and how calculated;
6. a
				  concise explanation of the circumstances that precipitated the loss;
7. copies of those documents relied upon by
				  claimant as proof of said loss.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-205 - Appeal Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any decision
				  of the commission to deny or grant a claim for payment from the fund may be
				  appealed to the commission by the licensee or claimant by seeking an
				  adjudicatory hearing to have said decision reconsidered by the commission in
				  accordance with Chapter 13 of Title 49 of the Louisiana Revised Statutes, as
				  well as all subsequent appeals therefrom, provided said appellant files with
				  the commission a written notice of appeal within 30 days of the mailing of the
				  decision of the commission to the affected party.
B. The notice of appeal shall contain an
				  expressed statement of each and every basis upon which said appeal is sought
				  and the hearing to consider same shall be limited accordingly.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-207 - Subrogation

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a claim is
				  paid by the commission from the fund, the claimant, by accepting said payment,
				  subrogates his rights to the commission up to the full amount of
				  payment.
B. Any recovery for
				  reimbursement to the fund shall include interest computed at the U.S. Treasury
				  two-year note coupon rate as published in the Wall Street Journal on the date
				  of the claim.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-209 - Reimbursement Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. When any
				  loss is or may be covered by other insurance or bond, the other insurance or
				  bond is primary and the commission shall require the claimant to exhaust his
				  remedies as to the other insurer before considering the payment of the
				  claim.
B. After all other remedies
				  are exhausted, claimants shall be entitled to recover the full amount of claims
				  filed against the fund.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-211 - Pending Litigation or Arbitration; Stay of Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where the commission finds that litigation
				  is pending, which could determine whether payment of a claim is due or to whom
				  payment of a claim is due, the claim in question may be stayed until the
				  judgment in said litigation has become final and definitive. The commission
				  shall give notice of the stay to any claimants whose claims have been
				  stayed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-213 - Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Providing false
				  information to the commission by a claimant or licensee regarding a claim for
				  reimbursement from the fund is a violation of this Subchapter, if the person
				  providing the information knew or should have known the information was
				  false.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-215 - Adjudicatory Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Findings of
				  violations and imposition of penalties may be made only by a ruling of the
				  commission based upon an adjudicatory proceeding held in accordance with the
				  provisions of the Administrative Procedure Act.
B. Whenever the commissioner has any reason
				  to believe that a violation of
				  R.S.
				  3:3410.2, or of any rules and regulations
				  adopted pursuant to this Part has occurred, the commissioner may present the
				  alleged violations to the commission for a determination.
C. A hearing officer shall be appointed by
				  the office of the attorney general to preside over the hearing.
D. Notice of the alleged violation, the date
				  of the adjudicatory hearing, and the conduct of discovery shall be as provided
				  in the Administrative Procedure Act.
E. The ruling of the commission shall be in
				  writing and provided to the person charged with the violation, as provided by
				  the Administrative Procedure Act.
F. Any appeal from a ruling of the commission
				  shall be in accordance with the Administrative Procedure Act.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXVII - Agricultural Commodity Dealer and Warehouse Law › Chapter 1 - Agricultural Commodities Commission › Subchapter O - Grain and Cotton Indemnity Fund › Section XXVII-217 - Civil Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any claimant
				  or licensee who has been found in an adjudicatory hearing to be in violation of
				  the provisions of this Subchapter shall be subject to the following civil
				  penalties.
B. Any claimant or
				  licensee who knew or should have known that he was providing the commission
				  with false information regarding a claim may be denied payment of the claim on
				  that basis.
C. Any claimant or
				  licensee who knew or should have known that he was providing the commission
				  with false information regarding a claim, or regarding any other matters
				  pertaining to the fund, shall be subject to a maximum civil penalty of $1,000
				  for each violation. Each day the false information is with the commission
				  without correction shall be considered a separate violation.
D. Any licensee who intentionally refuses or
				  fails to collect the assessment or refuses to remit the collected assessment to
				  the commission shall be subject to a maximum civil penalty of $1,000 for each
				  violation. Each day the assessment is not collected shall be a separate
				  violation. Each day the collected assessment is not remitted to the commission
				  shall be a separate violation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 3:3410.2.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-101 - Administration of the Affairs of the Horticulture Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the absence of the chairman, the
				secretary shall preside at meetings of the commission.
B. The chairman may designate a hearing
				officer, who may or may not be a member of the commission, to preside at all
				adjudicatory proceedings of the commission.
C. The commission shall serve as a hearing
				body in all adjudicatory proceedings and shall make the final decision with
				respect to the disposition of all matters brought to adjudication.
D. Whenever any member of the commission
				desires to be represented at any meeting of the commission, the member must
				give at least five working days prior written notice to the secretary, naming
				the individual who will represent the member at the meeting of the
				commission.
E. Meetings of the
				commission shall normally be held at the domicile of the commission but may be
				held at other locations throughout the state upon the determination of the
				chairman of the commission.
F. The
				commission shall be convened upon the call of the chairman.
G. The commission may act to expel a member
				under the provisions of
				R.S.
				3:3801(H) only after its
				intent to do so has been advertised to all members of the commission by
				placement of the expulsion matter on the agenda for the meeting at which the
				vote for expulsion will be taken.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3801 and
				  R.S.
				  3:3814.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-102 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The terms
				defined in R.S. 3:3803 are applicable to this
				Part and have the meaning given to them in that statute, except where a
				regulation or the context expressly indicates otherwise.
B. The terms defined in this Section are
				applicable to this Part and have the meaning herein given to them, except where
				a regulation or the context expressly indicates otherwise.
C. The following terms are hereby defined for
				purposes of this Part.
Arborist
-any person trained in the care and
				  removal of shade and ornamental trees. Shade and ornamental trees may be
				  defined as those on an existing homesite or commercial property and those on
				  property permitted for development for commercial or residential purposes. This
				  definition shall also apply to any tree within 100 feet of any improvements on
				  these properties.
CLARB
- the Council of Landscape
				  Architectural Registration Boards or any successor.
Department
- the Louisiana Department of
				  Agriculture and Forestry.
Floral Design
- an arrangement of cut
				  flowers, ornamental plants, other living or freshly cut plant materials, or any
				  combination thereof intentionally constructed so as to constitute a planned
				  relationship among them.
Horticulture Law
- Louisiana Revised Statutes
				  of 1950, Title 3, Chapter 24, §3801 et seq.
Landscape Architect
-any person that applies
				  creative and technical skills and scientific, cultural and political knowledge
				  in the planned arrangement of natural and constructed elements on the land with
				  a concern for the stewardship and conservation of natural, constructed and
				  human resources.1
LARE
- the Landscape Architect Registration
				  Examination.
Stop Order and Notice of Non-Compliance
- a
				  directive issued by the commissioner or the department or authorized agent to a
				  person prohibiting that person from continuing a particular course of conduct
				  or prohibiting the advertisement, application, distribution, disturbance,
				  movement, performance, sale or offer for sale of a service or material thing,
				  or both.
1 American Society of Landscape
				  Architects (ASLA) Definition of Landscape Architecture, ASLA Member Handbook,
				  adopted November 18, 1983.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3801.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-105 - Qualifications for Examination and Licensure or Permitting

Current through Register Vol. 50, No. 6, June 20, 2024
A. All persons applying for an examination
				for licensure or for a license or permit issued by the commission shall meet
				the following requirements.
1. An applicant
				must be 17 years of age or older to take an examination for licensure or apply
				for a permit, but must be 18 years of age or older before a license or permit
				will be issued to the applicant.
2.
				An applicant for licensure shall successfully complete the examination
				prescribed by the commission for the area in the practice of horticulture for
				which the license is sought.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-107 - Application for Examination and Licensure or Permitting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each applicant must complete the
				application form prescribed by the commission for the area in the practice of
				horticulture for which the license or permit is sought and submit the
				application to the commission at 5825 Florida Boulevard, Baton Rouge, LA 70806
				by the deadline date established for applying for the taking of the examination
				along with any other information required by the commission in this Chapter for
				an applicant to take the requested examination.
B. Applicants who desire to take an
				examination for licensure offered by the commission may apply at any time, in
				person or by writing, to the commission's state office at 5825 Florida
				Boulevard, Baton Rouge, LA 70806 or at any district office of the department.
				Applicants who apply in person, will be allowed, whenever feasible, to complete
				the written application form at the initial visit.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3801,
				  R.S.
				  3:3807, and
				  R.S.
				  3:3808.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-109 - Examination and Licensure or Permitting Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Landscape Architect
1. The initial fee for the Louisiana
				Landscape Architect Examination shall be $200.
2. The re-examination fee for the Louisiana
				Landscape Architect Examination shall be $100.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-111 - Minimum Examination Performance Levels Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person taking an examination for
				licensure must score a 70 percent or above to pass the examination.
B. An applicant who fails to complete or pass
				an examination for licensure must wait at least seven days before reapplying to
				take the examination.
C. A passing
				score on an examination is valid for five years, after which time the applicant
				must apply to retake the examination.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  3:3807 and
				  R.S.
				  3:3801.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-113 - Examination Schedule and Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Examinations for licensure shall be
				administered in the commission's state office at 5825 Florida Boulevard, Baton
				Rouge, LA 70806 and, upon written request, in district offices of the
				department. Each applicant shall be notified of the date for the
				examination.
B. An applicant shall
				be disqualified from completing an examination or taking any other examination
				administered under these rules and regulations if the applicant is caught or
				found to be cheating on an examination. Cheating consists of:
1. giving or receiving unauthorized
				assistance to answer examination questions;
2. bringing unauthorized materials into the
				exam room or using unauthorized materials to answer examination
				questions;
3. using answers from
				another examinee;
4. copying
				questions or answers to examination questions to take from the examination
				room;
5. removing an examination
				booklet, answer sheet, or scratch paper from the examination room; or
6. any other action which may undermine the
				integrity of the examination process.
Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-115 - General Requirements for All Licenses or Permittee

Current through Register Vol. 50, No. 6, June 20, 2024
A. All licensees or permittees must cooperate
				with any representative of the commission in any inspection of the premises
				and/or any other reasonable request. The giving of a false statement to any
				representative of the commission by a licensee or permittee shall constitute a
				violation of this regulation.
B. A
				person holding a license in a regulated profession may be the licensee for only
				one person or business. The licenses of all licensees regularly assigned to
				work in any outlet shall be prominently displayed at all times in a location
				accessible to the general public or any representative of the
				commission.
C. The permits of cut
				flower dealers and nursery stock dealers must be prominently displayed at all
				times in a location accessible to the general public or any representative of
				the commission.
D. All sod sold or
				installed in quantities of two pallets or 100 square yards or more shall be
				accompanied by a completed form indicating the type and class of sod. The form
				shall be specified by the commission and the consumer shall be provided with
				the completed form at the time of sale or installation. Copies of completed
				forms shall be kept on file and made available to commission representatives
				upon request for a period of one year after sale or installation.
1. The types of sod shall be indicated as:
				Centipede, St. Augustine, Bermuda, Zoysia, Carpet, Mixed, or Other. Bermuda,
				mixed, or other types shall be specified as to varieties.
2. The classes of sod shall be indicated as
				follows.
a. Class A (Superior Quality)-shall
				be free from bahia grass, torpedo grass, and Florida betony. Shall not contain
				more than 5 plants per 100 square feet of any other grasses, broadleaf weeds,
				or sedges.
b. Class B (Good
				Quality)-shall be free from bahia grass, torpedo grass, and Florida betony.
				Shall not contain more than 25 plants per 100 square feet of any other grasses,
				broadleaf weeds, or sedges.
c.
				Class C (Field Sod)-may include all sod not covered in the Classes A or B
				above. It may consist of sod lifted from pastures which may have been grown
				primarily for forages.
3. All sod must be free of insects and
				diseases and viable at the time of sale or installation.
4. Repealed.