reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXI - Certified Shorthand Reporters › Chapter 11 - Court Reporting Procedures › Section XXI-1101 - Transcript Format Guidelines (Freelance Reporters)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every freelance certified reporter shall
				use the following transcript format rules on every deposition transcript
				prepared by that reporter.
1. Transcripts
				shall contain no fewer than 25 typed lines on standard 8 1/2 x 11 paper
				exclusive of page numbers and footers.
2. Transcripts shall contain no fewer than
				eight characters to the typed inch.
3. The distance between the left and right
				margins shall be no less than 6 3/8 inches.
4. Each question and answer shall begin on a
				separate line.
5. Either of the
				following may be used.
a. Each question and
				answer shall begin no more than five spaces from the left-hand margin. The text
				shall begin no more than five spaces following the question and answer.
				Carryover question and answer lines shall begin at the left-hand
				margins.
b. Block Version. Each
				question and answer shall begin at the left-hand margin. The text shall begin
				no more than five spaces following the question and answer. Carryover question
				and answer lines shall begin no more than six spaces from the left-hand
				margin.
6. Either of the
				following may be used.
a. Colloquy material
				shall begin no more than 15 spaces from the left-hand margin, with carryover
				lines commencing no more than 10 spaces from the left-hand margin.
b. Colloquy material shall begin with the
				speaker ID on a separate line no more than 10 spaces from the left-hand margin.
				The actual text shall begin on the next line 15 spaces from the left-hand
				margin, with carryover lines no more than 12 spaces from the left-hand
				margin.
7. Quoted
				material shall be treated in the same manner as either question and answer
				(Subparagraphs 5.a or 5.b) or colloquy material (Subparagraphs 6.a or 6.b).
				Quoted material shall be single-spaced or double-spaced.
8. Parentheticals and exhibit markings shall
				begin no more than 15 spaces from the left-hand margin with carryover lines
				commencing no more than 15 spaces from the left-hand margin.
9. There shall be no numbered lines that are
				blank on a transcript page, excluding the last page of a transcript, title
				page, contents page, appearance page, stipulation page and certificate
				pages.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXI - Certified Shorthand Reporters › Chapter 11 - Court Reporting Procedures › Section XXI-1105 - Disclosure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon request by
				any party present at a deposition each certified court reporter shall disclose
				the complete arrangement, financial or otherwise, made between the reporter or
				any person or entity making arrangements for the reporter's services and the
				attorney or other party making such arrangements with the reporter, person, or
				entity. Each reporter is responsible for inquiring about and discovering such
				information before accepting any assignment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2554 and
				  R.S.
				  37:2557.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXI - Certified Shorthand Reporters › Chapter 11 - Court Reporting Procedures › Section XXI-1107 - Comparable Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. A reporter
				shall offer any work product to all parties and counsel at the same time as it
				is offered to any other party or counsel.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2554 and
				  R.S.
				  37:2557.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXI - Certified Shorthand Reporters › Chapter 11 - Court Reporting Procedures › Section XXI-1111 - Technological Standards and Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board is guided in its approval of
				digital signature certification technology by standards and criteria developed
				and periodically updated by the following:
1.
				National Digital Transcript Certification Authority (NDTCA);
2. Adobe Approved Trusted List
				(AATL);
3. American Society of
				Notaries.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXI - Certified Shorthand Reporters › Chapter 13 - Code of Ethics › Section XXI-1301 - Guidelines for Professional Practice

Current through Register Vol. 50, No. 6, June 20, 2024
A. The mandatory Code of Ethics defines the
				ethical relationship the public, the bench, and the bar have a right to expect
				from a certificate holder. It sets out the required conduct of the certificate
				holder when dealing with the user of reporting services, and acquaints the
				user, as well as the certificate holder, with guidelines established for
				professional behavior.
B. A current
				certificate holder shall:
1. be fair and
				impartial toward each participant in all aspects of reported proceedings, treat
				all parties equally, and always offer comparable services and prices to all
				parties in a proceeding;
2. be
				alert to situations that are conflicts of interest or that may give the
				appearance of a conflict of interest. If a conflict or a potential conflict
				arises, the Certificate Holder shall timely disclose said conflict or potential
				conflict to all parties in the proceeding or take the action(s) necessary for
				extraction from said conflict or potential conflict;
3. guard against not only the fact but the
				appearance of impropriety;
4.
				preserve the confidentiality and ensure the security of information, written,
				entrusted to the Certificate Holder by any of the parties in a
				proceeding;
5. be truthful and
				accurate when making public statements or when advertising the Certificate
				Holder's qualifications or the services provided;
6. refrain, as an official reporter, from
				freelance reporting activities that interfere with official duties and
				obligations;
7. determine fees
				independently, except when established by statue or court order, entering into
				no unlawful agreements with others, whether for services or charges;
8. deliver requested transcripts of testimony
				timely to all parties on the same day. Delivery shall be by hand, if
				reasonable, or by proper posting if hand delivery is not reasonable;
9. refrain from giving, directly or
				indirectly, any gift, incentive, reward, or anything of value to attorneys,
				clients, witnesses, insurance company personnel or any other persons or
				entities associated with (the) litigation, or to the representatives or agents
				of any of the foregoing, except for:
a. items
				that do not exceed $100 in the aggregate per recipient each year; or
b. pro bono services as defined by the
				National Court Reporters Association Guidelines for Professional Practice or by
				applicable state and/or local laws, rule, and regulations;
10. abide by the applicable
				nation/state/local laws and court rules and the rules promulgated by the
				Louisiana Board of Examiners of Certified Shorthand Reporters.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 1 - General › Section XXIII-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				Solid Waste Operator Certification and Training Program Act,
				R.S.
				37:3151 et seq., creates the Board of
				Certification and Training for Solid Waste Disposal System Operators and
				authorizes the board to adopt rules of procedure and establish fees for the
				certification of solid waste operators.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 1 - General › Section XXIII-103 - Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. The processing,
				disposal, and utilization of solid waste is a matter of vital concern to all
				citizens of this state, and the safety and welfare of the people of Louisiana
				require efficient and reasonable regulation of solid waste processing and
				disposal practices as well as a coordinated statewide resource recovery and
				management program. Certification and training of solid waste operators are
				essential elements of the state's program and are needed to ensure the proper
				processing, disposal, and utilization of solid waste.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 1 - General › Section XXIII-105 - Objectives

Current through Register Vol. 50, No. 6, June 20, 2024
A. The objectives
				of these regulations are as follows:
1. to
				establish a certification program for operators of Type II, II-A, and III solid
				waste processing and disposal facilities which accommodate residential and
				commercial solid waste;
2. to
				develop procedures related to certification, recertification, and training of
				applicants to meet appropriate certification requirements;
3. to establish procedures for revocation,
				modification, or suspension of an operator's certification;
4. to establish appropriate fees for
				examination, certification, and recertification to be paid by the applicant;
				and
5. to encourage the
				certification of all Louisiana Department of Environmental Quality employees
				involved in the inspection and permitting of solid waste processing and
				disposal facilities.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 1 - General › Section XXIII-109 - Filing of Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any notice,
				petition, document, or other correspondence that is required to be filed with
				the board shall be addressed and mailed or delivered to the Board of
				Certification and Training for Solid Waste Disposal System Operators at the
				Department of Environmental Quality, Office of Environmental
				Services.
B. The following
				requirements and rules shall apply to all documents and papers filed with the
				board or during a hearing or meeting.
1. The
				date on which the papers are actually received by the board or at the hearing
				shall be deemed to be the date of filing.
2. All papers shall be written in ink,
				typewritten, photocopied, or printed; shall be plainly legible; and shall be on
				strong durable paper, not larger than 8 1/2 inches by 14 inches in size.
				Tables, maps, charts, and other documents may be larger and folded to the size
				of the documents to which they are attached.
3. All applications, petitions, and other
				papers needing signatures must be signed in ink by the party filing the same or
				his duly authorized agent or attorney. The signature of the person signing the
				document constitutes a certification that he has read the document; that to the
				best of his knowledge, information, and belief, every statement contained in
				the instrument is true and no such statements are misleading; and that it is
				not interposed or filed for delay.
4. All information regarding an applicant's
				qualifications shall be provided at least 30 days prior to the date on which
				the applicant wishes to be tested. This information is to be provided on a
				board-prescribed application form. The form may be obtained from the Office of
				Environmental Services, Permits Division or from the department's
				website.
5. Unless otherwise
				specifically provided by these rules, an original and 12 copies of all
				documents directed to the board shall be filed.
6. The initial document filed by any person
				in any hearing shall state therein the name and mailing address of the person
				or persons who may be served with any documents filed in the
				proceeding.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 1 - General › Section XXIII-111 - Computation of Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. In computing
				any period of time prescribed or allowed by the rules, the day on which the
				designated period begins shall not be included. The last day of the designated
				period shall be included unless it is a Saturday, a Sunday, or a legal holiday
				as provided in
				R.S.
				1:55, in which event the designated period
				shall run until the end of the next day which is not a Saturday, a Sunday, or a
				legal holiday.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 1 - General › Section XXIII-113 - Mandatory Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any SWMF
				that requires a permit, as determined by the department, shall be categorized
				in accordance with LAC 33:VII.507.
B. The certificates of all of a SWMF's
				certified operators shall be prominently displayed at the facility.
C. Certified operators are required at all
				Type II, II-A, and III SWMFs requiring a permit from the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3154, 3155, and
				  3156.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 3 - Board of Certification and Training for Solid Waste Disposal System Operators › Section XXIII-301 - Members

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except for the
				ex officio member, all members of the board shall be certified solid waste
				operators.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3152 and
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 3 - Board of Certification and Training for Solid Waste Disposal System Operators › Section XXIII-303 - Quorum

Current through Register Vol. 50, No. 6, June 20, 2024
A. Six members of
				the board shall constitute a quorum for any meeting of the board for the
				transaction of business.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3152 and
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 3 - Board of Certification and Training for Solid Waste Disposal System Operators › Section XXIII-305 - Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				elect a chairman and vice chairman from its membership who shall each serve a
				term of one year or until a successor is elected. The chairman shall preside at
				all meetings. In the absence of the chairman, the vice chairman shall
				preside.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3152 and
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 3 - Board of Certification and Training for Solid Waste Disposal System Operators › Section XXIII-307 - Hearings and Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				shall meet as often as necessary to conduct its business.
B. In the performance of its duties, the
				board shall call and hold all meetings and hearings in accordance with the
				rules, or applicable state laws and the rules and regulations thereunder. All
				meetings or hearings shall be public and shall be conducted by the board or its
				designated presiding officer.
C.
				The time and place for all meetings or hearings shall be fixed by the board or
				the presiding officer. All meetings or hearings shall be held in a convenient
				place of public accessibility within the state.
D. Public Hearings. The board may conduct
				public hearings, the purpose of which is to gather data, public comments, and
				information, in an impartial manner, which may be used by the board in the
				exercise of its duties; however, hearings for the revocation, modification, or
				suspension of an operator's certification must be held in accordance with the
				provisions of Chapter 15 of these rules. The board may appoint an individual to
				act as presiding officer to conduct public hearings on behalf of the board.
1. Conduct
a. Public hearings shall be conducted in an
				orderly but expeditious manner. Any person may appear and present relevant oral
				or written statements and present recommendations. Reasonable restrictions,
				including time allotted to each speaker or group, may be imposed on such
				comments by the presiding officer conducting the hearing. Questions and answers
				are not in order unless agreed to in advance of the hearing by the presiding
				officer. Any person may present written statements to be included in the
				administrative record after the hearing and prior to the time that the record
				is closed to public comment.
b. At
				any meeting or hearing of the board, the chairman, or the presiding officer
				shall have the authority to regulate the course of the meeting or hearing and
				the conduct of all persons present, including the right to have any person, for
				misconduct or refusing to obey orders, removed from the hearing. The board or
				presiding officer may, at any time, continue the meeting or hearing to another
				time and/or location and/or terminate the meeting or hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 3 - Board of Certification and Training for Solid Waste Disposal System Operators › Section XXIII-309 - Board Records: Custodian

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The Secretary of the Department of Environmental Quality shall serve as the
				official custodian of all records of the board. All records of meeting notices,
				agendas, and other documents relating to the board shall be maintained in a
				central location within the Office of Environmental Services, Permits Division,
				Registrations and Certifications Section. All such records shall be available
				for public inspection in accordance with the provisions of appropriate state or
				federal law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3151 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 3 - Board of Certification and Training for Solid Waste Disposal System Operators › Section XXIII-311 - Adoption and Amendment of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				These rules of procedure shall be reviewed and revised as determined necessary
				by the board. All rulemaking authority shall be exercised by the board. In the
				exercise of the rulemaking authority to adopt or amend rules, a two-thirds vote
				cast by the board is required. The procedure set forth in the Louisiana
				Administrative Procedure Act,
				R.S.
				49:950 et seq., shall be followed in the
				adoption or amendment of the rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3151 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 5 - Prohibitions › Section XXIII-501 - Operation of Facilities by Certified Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. No individual, municipality, parish,
				public or private corporation, partnership, firm, agency of the state, or the
				United States government, or any agent or subdivision thereof, or any other
				juridical person shall operate a classified solid waste facility unless such
				facility is operated by individuals who have been certified in accordance with
				these rules for the operation of the particular facility.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3156 and
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 5 - Prohibitions › Section XXIII-503 - Fraud in Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				person shall practice fraud or deception in the application for or the
				operation under a certification issued under these rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3156 and
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 5 - Prohibitions › Section XXIII-505 - Negligence

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				be negligent if applying reasonable care, judgement, knowledge, or ability, in
				the performance of his duties under a certification issued to him under these
				rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3156 and
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 5 - Prohibitions › Section XXIII-507 - Incompetence

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				continue to operate a facility under a certification issued under these
				regulations if such person is unable to perform his duties in a proper
				manner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3156 and
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 5 - Prohibitions › Section XXIII-509 - Certification Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person
				shall perform duties of operator without being duly certified under the
				provisions of
				R.S.
				37:3151 et seq., and these rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3156 and
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-901 - Certificate

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				certify persons as to their qualifications established by testing, training,
				education, and experience to operate a classified solid waste processing or
				disposal facility. A certificate, suitable for framing, shall be provided to
				each successful applicant by the board. This certificate shall clearly show the
				name of the operator, type of certification, any limitations imposed, the
				expiration date, and any other data deemed appropriate by the board. Louisiana
				Department of Environmental Quality employees involved in the inspection or
				permitting of a classified solid waste processing or disposal facility may be
				certified provided they meet the requirements of this Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3154 and
				  R.S.
				  37:3156.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-907 - Types of Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Due to
				the widely divergent methodologies and technologies involved in solid waste
				management, operators will not be required to be certified in all aspects of
				solid waste management. Certification will be based upon:
1. the type of facility involved;
				and
2. the level of complexity of
				SWMF operation.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-909 - Facility Designation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				operator certification will be valid for the management of one type of
				facility. The classifications and sub-classifications of facilities shall be
				specified as follows:
1. Type II facilities:
a. landfills;
b. surface impoundments; and
c. landfarms;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-911 - Facility Types

Current through Register Vol. 50, No. 6, June 20, 2024
A. Facilities are
				required to have certified operators according to the following schedule.
1. Landfills
a. Each facility providing solid waste
				processing or disposal for a particular parish or region shall have a Level "A"
				operator in responsible charge of the overall solid waste processing or
				disposal facility.
b. Each facility
				shall have either a Level "A" or Level "B" operator who is present at the
				facility and in direct charge of the day-to-day operation of the facility
				during hours of operation.
c. Each
				facility shall have at least one Level "C" operator for each 10 operational
				people during hours of operation. (Operational personnel does not include
				personnel solely conducting clerical duties.)
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-912 - Issuance of Certificates to Operators

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certificates issued to operators on or
				after December 20, 2004, will correspond to the facility designations and
				levels of operator certification as defined in LAC 46:XXIII.909 and
				913.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3155,
				  R.S.
				  37:3159 and
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-913 - Levels of Operator Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each certification shall specify the level
				of complexity of SWMF operation for which the certificate is issued. Levels of
				operator certification are hereby established as "A," "B," and "C." Level "A"
				represents the most comprehensive level of complexity; Level "B" is an
				intermediate level of complexity; and Level "C" represents the least
				comprehensive level of complexity. Additional levels may be added by amendment
				to these regulations.
B. A Level
				"A" certificate shall encompass all of the technical, regulatory,
				administrative, and management knowledge needed to perform all of the duties
				necessary for the proper operation of an entire solid waste management facility
				and shall encompass both procedural and operational aspects of a processing or
				disposal facility (all technical, regulatory, administrative, and management
				duties necessary for the proper operation of the solid waste processing or
				disposal facility), according to the type of facility for which the applicant
				seeks certification.
C. A Level "B"
				certificate shall encompass all of the technical, regulatory, administrative,
				and management knowledge needed to perform the duties necessary for the proper
				operation of a solid waste management facility as determined by assigned duties
				and customary practice, and operational knowledge needed to operate a
				processing or disposal facility (i.e., equipment selection, maintenance, waste
				handling procedures, safety procedures, personnel hiring and training, reports,
				and special and hazardous waste identification), according to the type of
				facility for which the applicant seeks certification.
D. A Level "C" certificate shall encompass
				the operational knowledge needed to operate a portion of the waste handling
				aspects of a processing or disposal facility (i.e., unloading and spotting;
				maintaining smallest practical working face; layering, compacting, covering,
				cleaning, and maintaining equipment; equipment operation; and special or
				hazardous waste identification), according to the type of facility for which
				the applicant seeks certification.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3154 and
				  R.S.
				  37:3159.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-915 - Qualification Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A Level
				"A" operator shall have the following qualifications for regular certification.
1. The operator must possess a high school
				diploma or equivalency certificate.
2. Experience Requirements. The operator must
				have:
a. a minimum of three years of
				experience as described in LAC 46:XXIII.913.B in the field of solid waste
				management; or
b. a minimum of two
				years of experience as described in LAC 46:XXIII.913.B in the field of solid
				waste management and an engineering degree; or
c. a minimum of two years of certification as
				a Level "B" operator.
3.
				The operator must be of good character.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-916 - Regular Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				applicant shall request consideration for certification upon the completion of
				the following requirements:
1. meet
				appropriate qualification requirements in LAC 46:XXIII.915;
2. submit an application to the board on a
				board-prescribed application form, which may be obtained from the Office of
				Environmental Services, Permits Division or from the department's
				website;
3. receive board approval
				for certification and examination;
4. achieve a passing score on the examination
				for the appropriate level of operation; and
5. pay all fees associated with
				certification.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-917 - Conditional Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				conditional certificate shall allow an operator to operate only the facility at
				which he is employed at the time of certification.
B. Conditional certification requirements are
				as follows.
1. The applicant must request a
				conditional certification.
2. The
				board must determine that the applicant is qualified to perform duties at a
				particular facility.
3. The
				applicant must pass the operator examination and attend one board-approved
				training class (minimum of 10 hours) within six months.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-919 - Operator Examinations

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				applicant for certification must pass an operator examination as provided in
				this Section.
B. The board shall
				hold at least two examinations per year.
C. The board shall provide appropriate
				written examinations for each operator level of SWMFs.
D. Examinations shall be held in Baton Rouge,
				Louisiana unless another location is designated by the board.
E. Notice of the examination shall be
				published prior to the examination in a method and fashion provided by the
				board.
F. Within 30 days of the
				examination, the applicant shall be notified of the results of his or her
				examination.
G. All examinations
				will be graded on a pass/fail basis.
H. Payment of the examination fee must be
				submitted before an examination may be taken.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3153 and
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-923 - Recertification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regular
				certificates shall be valid for four years after issuance. An operator may be
				recertified upon recommendation by the board for a new four-year period after
				timely submission of satisfactory evidence that the operator has met the
				training requirements as specified by LAC 46:XXIII.1103.C. Upon receipt of such
				evidence, the board shall issue a new certificate.
B. Application for recertification shall be
				submitted to the board on a board-prescribed form no sooner than six months
				prior to the expiration of the certification and no later than three months
				after expiration of the certification. The form may be obtained from the Office
				of Environmental Services, Permits Division or from the department's website.
				The application shall contain the following documentation:
1. proof of attendance at a training session
				or sessions approved by the board, including but not limited to certificates of
				completion, date(s) of training, hours of attendance, course outline, agency or
				institution providing training, etc.; and
2. proof of current certification.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-925 - Qualification by Reciprocity

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may issue a certificate without examination in a comparable operator
				classification to any person who holds a certificate in any state, territory,
				or possession of the United States or any country, provided the requirements
				for certification of operators under which the person's certificate was issued
				do not conflict with the provisions of the act, are of a standard not lower
				than that specified by regulations adopted under the act, and reciprocal
				privileges are granted by said state, territory, or possession to certified
				operators of this state. Payment of the certification fee as specified in LAC
				46:XXIII.1305 shall be made by persons applying for certification by
				reciprocity.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3161.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 9 - Operator Certification › Section XXIII-927 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				subject to these rules may petition the board for exemption from these rules or
				any portion thereof. Each request for an exemption must be provided in writing
				and:
1. identify the specific provisions of
				these regulations from which a specific exemption is sought; and
2. provide sufficient justification for the
				type of exemption sought.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 11 - Operator Training for Certification › Section XXIII-1101 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. The content,
				frequency, and location of operator training shall be at the discretion of the
				board. Training may be modified or supplemented as needed at the discretion of
				the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3157 and
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 11 - Operator Training for Certification › Section XXIII-1103 - Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall:
1. approve training available to Louisiana
				operators, which may include short courses, workshops, etc., that meets the
				standards of the board;
2.
				determine whether its training requirements can be reasonably satisfied by the
				operators based on current educational offerings; and
3. provide a list of the available training
				that meets the requirements of these regulations upon request.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 13 - Fees › Section XXIII-1301 - Payment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application
				for examination, certification, or recertification shall be accompanied by a
				remittance in the full amount of the fee. No application will be accepted or
				processed prior to payment of the full amount specified.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 13 - Fees › Section XXIII-1303 - Method of Payment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fee payment
				shall be by check, draft, or money order made payable to the Board of
				Certification and Training.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3154.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 13 - Fees › Section XXIII-1305 - Examination, Certification, and Recertification Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following fees are hereby established:
1. Examination Fee-$100 per
				examination
2. Certification
				Fee-$100
3. Recertification
				Fee-$100
4. Late Recertification
				Fee-$200
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 15 - Revocation, Modification, and Suspension of Certification › Section XXIII-1501 - Revocation, Modification, and Suspension of Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may revoke, modify, or suspend
				an operator's certification, if it determines that the operator has practiced
				fraud or deception in obtaining certification or in operating thereunder, or
				has been negligent in applying reasonable care, judgment, knowledge, or ability
				in the performance of his duties.
B. Written Notice
1. When the board determines that an
				operator's certification should be suspended, modified, or revoked, the board
				shall notify that operator by certified mail. Such written notice shall contain
				the following:
a. facts that will justify a
				suspension, modification, or revocation of certification;
b. a description of the general nature of the
				evidence supporting the suspension, modification, or revocation; and
c. a recommendation that the operator's
				certification be suspended, modified, or revoked, unless the operator, within
				30 days after receipt of the notice, submits a request for a hearing before the
				board. The request for hearing shall be submitted to the Board of Certification
				and Training. A written statement providing the operator's view of the
				circumstances shall accompany the request for hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 15 - Revocation, Modification, and Suspension of Certification › Section XXIII-1505 - Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A hearing before
				the board on suspension, modification, or revocation shall proceed as follows.
1. At least 20 days prior to a hearing, the
				board shall provide the operator with a notice of the hearing. The notice shall
				be sent by certified mail and include the time, date, and location of the
				hearing.
2. The hearing shall be
				conducted summarily without observing all of the formalities associated with an
				adjudicatory hearing as defined in the Administrative Procedure Act,
				R.S.
				49:951 et seq.
3. Within 90 days after conducting a hearing,
				the board shall forward its decision to the operator.
4. Upon receiving notice of suspension,
				modification, or revocation, an operator shall notify the owner/operator of the
				SWMF within 24 hours.
5. Judicial
				appeal from the board's decision may be taken in accordance with the
				Administrative Procedure Act,
				R.S.
				49:951 et seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXIII - Certified Solid Waste Operators › Chapter 15 - Revocation, Modification, and Suspension of Certification › Section XXIII-1509 - Record of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Record. The
				record of proceedings conducted under this Chapter shall consist of the
				following:
1. the certificate;
2. the notice of the hearing;
3. all documentary evidence and written
				comments received;
4. written
				recommendations received;
5. the
				decision; and
6. the transcript of
				the proceedings.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-101 - Scope and Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				standards of practice apply to all applicants, and those who are registered,
				certified or licensed. The use of the term social worker within these standards
				of practice includes all applicants, and those who are registered, certified or
				licensed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-103 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Standards of
				Practice/Code of Conduct provide a basis upon which to assess and measure the
				professional conduct of an applicant and those who are registered, certified or
				licensed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-105 - Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. A violation of
				the Standards of Practice/Code of Conduct constitutes unprofessional or
				unethical conduct and constitutes grounds for disciplinary action or denial of
				credential.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-107 - General Practice Parameters

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Character. A social worker shall maintain good moral character.
B. Client Welfare. Within the context of the
				specific standards of practice prescribed herein, a social worker shall make
				reasonable efforts to advance the welfare and best interests of a
				client.
C. Self-Determination.
				Within the context of the specific standards of practice prescribed herein, a
				social worker shall respect a client's right to self-determination.
D. Nondiscrimination. A social worker shall
				not discriminate against a client, colleague, student, or supervisee on the
				basis of age, gender, sexual orientation, race, color, national origin,
				religion, disability, political affiliation, or social or economic status. If
				the social worker is unable to offer services because of a concern about
				potential discrimination against a client, student, or supervisee, the social
				worker shall make an appropriate and timely referral. When a referral is not
				possible, the social worker shall obtain supervision or consultation to address
				the concern.
E. Professional
				Disclosure Statement. A social worker shall display at the social worker's
				primary place of practice or make available for all clients a statement that
				the client has the right to:
1. expect that
				the social worker has met the minimal qualifications of education, training,
				and experience required by state law;
2. examine public records maintained by the
				board which contain the social worker's qualifications and
				credentials;
3. be given a copy of
				the standards of practice upon request;
4. report a complaint about the social
				worker's practice to the board;
5.
				be informed of the range of fees for professional services before receiving the
				services;
6. privacy as allowed by
				law, and to be informed of the limits of confidentiality;
7. expect that the social worker will take
				reasonable measures consistent with the social worker's duty of confidentiality
				to limit access to client information and any expressed waivers or
				authorizations executed by the client. Reasonable measures include restricting
				access to client information to appropriate agency or office staff whose duties
				require such access;
8. receive
				information that a social worker is receiving supervision and that the social
				worker may be reviewing the client's case with the social worker's supervisor
				or consultant. Upon request, the social worker shall provide the name of the
				supervisor and the supervisor's contact information;
9. be free from being the object of
				discrimination while receiving social work services; and
10. have access to records as allowed by
				law.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 1 - Standards of Practice › Section XXV-109 - Competence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Provision of
				Services
1. Social workers should provide
				services and represent themselves as competent only within the boundaries of
				their education, training, credential, consultation received, supervised
				experience, or other relevant professional experience.
2. Social workers should provide services in
				substantive areas or use intervention techniques or approaches that are new to
				them only after engaging in appropriate study, training, consultation, and
				supervision from persons who are competent in those interventions or
				techniques.
3. When generally
				recognized standards do not exist with respect to an emerging area of practice,
				social workers should exercise careful judgment and take responsible steps
				(including appropriate education, research, training, consultation, and
				supervision) to ensure the competence of their work and to protect clients from
				harm.