reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 7 - Environmental Emergency Response Training Program › Section I-703 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				of these regulations the words defined in this Section have the following
				meaning, unless the context clearly indicates otherwise.
Act
- Act 361 of 1983.
DEQ
- Department of Environmental
				  Quality.
DPS
- Department of Public Safety.
Environmental Emergencies
- an insult to the
				  order of nature caused by the intentional or unintentional introduction of any
				  substance regulated by state law, where said introduction to the natural order
				  would cause undue public alarm.
SDEQ
- Secretary, Department of Environmental
				  Quality.
SDPS
- Secretary, Department of Public
				  Safety.
State Police Training Academy
- the course of
				  instruction of which completion is required to be employed as a state
				  trooper.
Training
- Environmental Emergency Response
				  Training Program.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 361 of the 1983 Louisiana
				  Legislature.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 7 - Environmental Emergency Response Training Program › Section I-705 - Staff and Organization

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				secretary, Department of Public Safety is hereby authorized to appoint one
				training coordinator, for the purpose of securing, monitoring, or directing
				training which corresponds to the responsibilities of DPS in relation to
				environmental emergencies. As provided for in this Part, the DPS training
				coordinator may also secure, monitor or direct such technical training as may
				be required to facilitate Environmental Emergency Response Training.
B. The DPS training coordinator shall be
				appointed from the ranks of sworn commissioned officers of the Office of State
				Police who are graduates of the State Police Training Academy. The training
				coordinator shall report to the commander of the State Police Hazardous
				Substance Control Section, who may assign to the DPS training coordinator
				additional duties and responsibilities as required to perform the overall
				duties of a member of the Office of State Police.
C. The secretary, Department of Environmental
				Quality is hereby authorized to appoint one training coordinator for the
				purpose of securing, monitoring, or directing training which corresponds to the
				responsibilities of DNR in relation to environmental emergencies. As provided
				for in this Part, the DNR training coordinator may also secure, monitor or
				direct, such technical training as may be required to facilitate Environmental
				Emergency Response Training.
D. The
				DNR training coordinator shall report to the assistant secretary, Office of
				Environmental Affairs, who may assign to the DNR training coordinator
				additional duties and responsibilities as may be required to perform the
				overall duties of a member of the Office of Environmental Affairs.
E. The secretary, Department of Public Safety
				shall be authorized to appoint one managing secretary in order to facilitate
				the management of the clerical functions generated by the two training
				coordinators.
F. The secretary, DPS
				shall seek authorization, pursuant to this Section, from the Civil Service
				Commission to increase the authorized compliment of the Office of State Police
				by two positions. One position being used for purpose of employing the DPS
				training coordinator, and the other position being used for the purpose of
				employing the managing secretary.
G. The secretary, DEQ shall seek
				authorization, pursuant to this Section, from the Civil Service Commission to
				increase the authorized compliment of the Office of Environmental Affairs by
				one position, it being used for the purposes of employing the DNR training
				coordinator.
H. The secretary, DEQ
				shall be authorized to fund the aforementioned positions pursuant to Act 361 of
				the Regular Session of the Legislature 1983 [R.S. 30:1079(E)].
AUTHORITY NOTE:
				  Promulgated in accordance with Act 361 of the 1983 Louisiana
				  Legislature.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 7 - Environmental Emergency Response Training Program › Section I-707 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. As provided for
				in this Part, (§709, Curriculum), any employee of the state of Louisiana,
				or any employee of any political subdivision thereof, shall be eligible to
				attend training, provided that priority be given in the attendance of peace
				officers, fire fighters, civil defense planners, hospital personnel, and those
				employees who, by nature of their official duties, protect the environment of
				Louisiana.
B. Members of private
				industry may be allowed to attend training provided they be assessed a
				reasonable fee as determined by the SDPS. Such fee to be used to reimburse the
				emergency response fund.
C. Any
				person employed by the United States Government or its allies, or any person
				employed by any other state or local government outside Louisiana, who by
				nature of their of official duties, protect their respective environments, may
				be given consideration to attend, provided there be space available.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 361 of the 1983 Louisiana
				  Legislature.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 7 - Environmental Emergency Response Training Program › Section I-709 - Curriculum

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				otherwise provided for in this Part, the secretaries of DPS and DEQ shall
				jointly determine course length and content.
B. Working through the assistant secretary
				for the Office of Emergency Preparedness, the secretaries of DPS and DEQ may
				seek such assistance as is available from the Federal Emergency Management
				Agency.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 361 of the 1983 Louisiana
				  Legislature.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 7 - Environmental Emergency Response Training Program › Section I-711 - Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Training
				conducted shall be a minimum of three sessions annually (fiscal year), each
				session containing no less than 40 hours of instruction. However, nothing
				herein contained shall be so construed as to prohibit additional training
				sessions of less than 40 hours duration, based on availability of funds and
				instructors.
B. Whenever practical,
				students (the number and organizational background of whom shall be determined
				jointly by the two training coordinators) shall be housed in the State Police
				Training Academy. Whenever the aforementioned housing is unavailable, however,
				shall not exceed the current allowable per day in-state lodging expense, as
				ordered by the division of administration.
C. The SDEQ is not authorized to reimburse
				attendees nor their respective employing agencies for costs incurred for salary
				(including overtime) by the attendees of their employing agency.
D. The SDEQ is hereby authorized expenditures
				for the sake and purpose of providing instruction for the training, including
				honoraria, and instructor's per diem, and travel and per diem incurred by the
				training coordinators and managing secretary, necessitated by the nature of
				training and curriculum. The SDEQ is further authorized expenditures necessary
				for the acquisition of training aids and supplies, and whatever other
				implements as may be required from time-to-time to insure an adequate level of
				instruction.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 361 of the 1983 Louisiana
				  Legislature.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 8 - Accident Reports › Section I-801 - Costs of Accident Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S.
				32:398(F) the following fee
				scale shall be used for the sale of accident reports.
1. For a certified, paper copy or electronic
				copy of an accident report not exceeding two pages, the cost shall be
				$1.50.
2. For a certified, paper
				copy of an accident report exceeding two pages, the cost shall be
				$16.50.
3. For an electronic copy
				of an accident report exceeding two pages, the cost shall be $11.50.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 8 - Accident Reports › Section I-802 - Third Party Convenience Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Notice is hereby given that pursuant to
				R.S.
				49:316.1(A)(2), the
				following third party convenience fee(s) shall apply to the purchase of an
				accident report:
1. For the purchase of an
				accident report by credit cards and similar types, the third party convenience
				fee shall be $2.50 + 2.5 percent.
2. For the purchase of an accident report by
				ACH payments and similar types, the third party convenience fee shall be $2.50
				+ $1.00.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 9 - Photographs › Section I-901 - Costs of Photographs Pertaining to Accident Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S.
				32:398(G), the following fee
				scale shall be used for the sale of photographs pertaining to accident reports:
1. For a proof sheet that includes thumbnails
				of all photographs, the cost shall be $10 per sheet. Each sheet holds a maximum
				of 40 thumbnails.
2. For an
				individual photograph selected from the proof sheet, the cost shall be $15 per
				individual photograph. A CD containing digital copies of only the photograph(s)
				purchased will be included.
3. For
				an entire set of photographs (with or without purchasing the proof sheet), the
				cost shall be $10 per photograph. A CD containing digital copies of all
				photographs will be included.
4.
				For a replacement CD, the cost shall be $10 per CD.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 11 - State Police Escort Fees › Section I-1101 - Distance/Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice is hereby
				given that the Louisiana Department of Public Safety, pursuant to
				R.S.
				32:387(B)(4) as amended, has
				adopted the following fee scale for the use of state police vehicles as escorts
				to vehicles moving over the highways of this state under special permits.
Distance Traveled by Escort Vehicle
							 Fee
0-49 miles
$100
50-99 miles
$125
100-199 miles
$150
200-299 miles
$175
300 and over miles
$200
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  32:387(B)(3).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 13 - Issuance of Concealed Handgun Permits › Section I-1301 - Applications and Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				rules contained herein are promulgated by the Concealed Handgun Permit Unit of
				the Department of Public Safety and Corrections, Office of State Police, in
				order to set forth the policies and procedures applicable to the issuance of
				concealed handgun permits to Louisiana citizens who qualify for such permits
				pursuant to
				R.S.
				40:1379.1 and
				40:1379.3;
				to provide statewide uniform standards for issuing permits to carry concealed
				handguns; and to maintain the health, welfare, and safety of the public. These
				considerations shall control the application and interpretation of these rules.
				Any subsequent restatement, repeal, or amendment of these rules shall be in
				accordance with the aforementioned considerations.
B. Applicability. The policies and procedures
				provided herein shall be applicable to all Louisiana citizens who are eligible
				for a statewide concealed handgun permit.
C. Duties and Responsibilities. Persons
				issued concealed handgun permits have the authority only to carry a concealed
				weapon and are regarded as private citizens in all matters of law with no
				special powers or authority accruing by virtue of the concealed handgun
				permit.
D. Application. Eligible
				persons shall be entitled to receive the concealed handgun permit, as set forth
				above; provided that all requirements of the superintendent of state police
				relating to application shall be satisfied. Applications shall be submitted in
				the manner prescribed by the superintendent of state police and will include
				the submission of such documents and materials establishing eligibility as the
				superintendent may deem necessary.
E. Suspension/Revocation. The superintendent
				of state police or his designee may suspend or revoke concealed handgun permits
				when conditions and/or circumstances are such that the holder of such permit
				can no longer show need or when the holder commits acts contrary to law or uses
				the permit for self aggrandizement or in an unreasonable and imprudent
				manner.
F. Arrest Record. If the
				applicant has an arrest record, he shall present with the application a
				certified copy from the clerk of court or district attorney of the parish or
				county in which the arrests were made which specifies the disposition on all
				charges. Arrest record shall include an arrest, summons, nolle prossed charges,
				dismissed charges, expunged charges, convictions which are set aside and any
				pardon.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1379.1. 40:1379.3, 40:1381, and
				  40:1382.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 13 - Issuance of Concealed Handgun Permits › Section I-1309 - Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				with
				R.S.
				40:1379.3 and LAC 55:I:1301 et seq., a
				concealed handgun permit shall be issued as a prerequisite to carry a concealed
				handgun.
B. A permit shall grant
				statewide authority to a permittee to carry and conceal on his person, in the
				manner prescribed by law and these rules, a handgun as defined by
				R.S.
				40:1379.3(J)(1). A permit
				shall grant a permittee only the authority to carry a concealed handgun as a
				private citizen and grants no special authority to any citizen issued the
				permit.
C. An applicant for a
				concealed handgun permit accepts the risk of adverse public notice,
				embarrassment, criticism or other action or loss that may result from action
				with respect to an application and expressly waives any claim for damages as a
				result thereof, except relating to willful misconduct by the
				department.
D. Failure to meet and
				maintain the qualification requirements as required by law and these rules,
				shall result in the denial, suspension, or revocation of a concealed handgun
				permit.
E. Any permit issued
				pursuant hereto shall automatically become invalid for any of the following
				reasons:
1. the permit is altered in any
				manner;
2. the permit is lost or
				stolen;
3. the permittee is
				carrying it while under the influence of alcoholic beverages or a controlled
				dangerous substance; or
4. the
				permittee ceases to reside within this state.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 13 - Issuance of Concealed Handgun Permits › Section I-1311 - Handgun Training Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon initial application to the department
				for a permit, all applicants shall demonstrate competence with a handgun by any
				one of the following:
1. completion of any
				Department of Public Safety and Corrections approved firearms safety or
				training course which shall include at least a minimum of nine hours of
				instruction as detailed below:
a. one hour of
				instruction on handgun nomenclature and safe handling procedures of a revolver
				and semi-automatic pistol;
b. one
				hour of instruction on ammunition knowledge and fundamentals of pistol
				shooting;
c. one hour of
				instruction on handgun shooting positions;
d. three hours of instruction on the use of
				deadly force and conflict resolution which shall include a review of
				R.S.
				14:18 through
				14:22 and which
				may include a review of any other laws relating to the use of deadly
				force;
e. one hour of instruction
				on child access prevention; and
f.
				two hours of actual live range fire and proper handgun cleaning procedures:
i. live range fire shall include at a minimum
				12 rounds each at 6 feet, 10 feet and 15 feet for a total of 36
				rounds;
ii. each applicant or
				permittee shall perform at least one safe reload of the handgun at each
				distance;
iii. each applicant or
				permittee shall score 100 percent hits within the silhouette portion of an
				N.R.A. B-27 type silhouette target with at least 36 rounds;
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 13 - Issuance of Concealed Handgun Permits › Section I-1313 - Code of Conduct of Permittees

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				Provisions
1. All permittees shall comply
				with all applicable federal and state laws and regulations.
2. Any violation of
				R.S.
				40:1379.3 or
				40:1382
				shall also constitute a violation of these rules.
3. Each permittee shall meet and maintain all
				qualifications necessary to possess a concealed handgun permit.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 13 - Issuance of Concealed Handgun Permits › Section I-1315 - Appeal and Hearing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Notice of Permit Denial and Appeal
1. An
				applicant who is denied a concealed handgun permit shall be notified in writing
				by the department. Such notice shall comply with
				R.S.
				49:955(B). Upon receipt of
				such notice, the applicant shall have two options.
a. Option 1-Informal Review. The applicant
				shall have 10 business days to request an informal review of documentation and
				evidence provided by the applicant setting out reasons the denial should be
				considered improper. If the application denial is upheld after an informal
				review, he applicant may apply for a concealed handgun permit one year from the
				date of the denial letter. Reapplications one year following denial are
				reviewed as normal and not automatically approved. Should the applicant remain
				dissatisfied with the department's decision following this review process, the
				applicant may appeal this decision within 20 business days of receipt of the
				department's decision by requesting an administrative hearing. Any such hearing
				requested by an applicant shall be scheduled and conducted in accordance with
				the Administrative Procedure Act pursuant to
				R.S.
				49:950 et seq.
b. Option 2-Formal Appeal. The applicant may
				appeal the denial by the department in writing within 30 days of receipt of the
				department's decision by requesting an administrative hearing. If an
				administrative hearing is held, and the administrative law judge upholds the
				denial, the applicant may apply for a concealed handgun permit one year from
				the date of the signed decision by the administrative law judge. Reapplications
				one year following denial are reviewed as normal and not automatically
				approved. Any such hearing requested by an applicant shall be scheduled and
				conducted in accordance with the Administrative Procedure Act pursuant to
				R.S.
				49:950 et seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 13 - Issuance of Concealed Handgun Permits › Section I-1317 - Severability Clause

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any
				provision of these rules is declared invalid for any reason, that provision
				shall not affect the validity of the remaining rules or any other provision
				thereof.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1379,
				  40:1381,
				  and
				  40:1382.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1501 - Scope of Rules and Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Pursuant to Revised Statute 40:1472.1 through 40:1472.19, as amended, the
				  following rules and regulations are adopted as required thereunder, covering
				  the manufacture, storage, transportation, sale, use and handling of explosives
				  and blasting agents in the state of Louisiana.
B. These rules and regulations shall not
				  apply to the transportation of explosives or blasting agents when under the
				  jurisdiction of and in compliance with the regulations of the U.S. Department
				  of Transportation, and the regulations of the United States Coast
				  Guard.
C. Nothing contained in
				  these rules and regulations shall apply to the regular Armed Forces of the
				  United States, or to the duly organized military force of any state or
				  territory thereof, or to police or fire departments in this state, provided
				  they are acting within their respective official capacities and in the proper
				  performance of their duties.
D.
				  These rules and regulations shall not apply to the transportation and use of
				  explosives or blasting agents in the normal and emergency operations of federal
				  agencies such as the Mine Safety and Health Administration, the Federal Bureau
				  of Investigation and the Secret Service.
E. The licensee, on specific approval in
				  writing by the Deputy Secretary of Public Safety Services, as provided by this
				  Paragraph, may use an alternate method or procedure in lieu of a method or
				  procedure specifically prescribed in these rules and regulations. The Deputy
				  Secretary of Public Safety Services may approve an alternate method or
				  procedure, subject to stated conditions, when he/she finds that:
1. good cause is shown for the use of the
				  alternate method or procedure;
2.
				  the alternate method or procedure is within the purpose of, and consistent with
				  the effect intended by, the specifically prescribed method or procedure and
				  that the alternate method or procedure is substantially equivalent to that
				  specifically prescribed method or procedure; and
3. the alternate method or procedure will not
				  be contrary to any provision of law and will not result in an increase in cost
				  to the state of Louisiana or hinder the effective administration of these rules
				  and regulations.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1511 - Magazine Construction Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Magazines shall be constructed in
				  conformity with the provisions of these rules and regulations, or may be of
				  substantially equivalent construction satisfactory to the Office of the Deputy
				  Secretary of Public Safety Services.
B. Magazines for the storage of explosives,
				  other than black powder or smokeless propellant shall be bullet-resistant,
				  weather-resistant, fire-resistant, theft-resistant, and ventilated sufficiently
				  to protect the explosive in the specific locality. Magazines used only for the
				  storage of black powder or smokeless propellant shall be weather-resistant,
				  fire-resistant, theft-resistant, and have ventilation. Magazines for storage of
				  detonators shall be weather-resistant, fire-resistant, theft-resistant, and
				  ventilated.
C. Magazine sites upon
				  which outdoor type magazines are located shall be posted with signs reading
				  "explosives-keep out" (or equivalent) legibly printed thereon in letters not
				  less than 2 inches high. These signs shall be visible from any direction. A
				  second sign shall be posted at the entrance of the facility and shall read
				  "Danger-Never fight explosives fires-Explosives are stored on this site-Call
				  (Emergency Phone Number)" legibly printed thereon in letters not less than 2
				  inches high. Such signs shall be located so as to minimize the possibility of a
				  bullet traveling in the direction of the magazine if anyone should shoot at the
				  sign. All licensed magazines shall have a license number and 24 hour emergency
				  telephone contact number affixed to the front of the magazine in the following
				  manner.
1. The license number assigned by the
				  Louisiana Department of Public Safety, Explosive Control Unit, for that
				  specific magazine will be permanently inscribed, welded, or otherwise
				  permanently affixed to one hood covering a lock on each indoor and outdoor
				  magazine; does not apply to Type 3 magazines. The letters and numbers shall be
				  at least 1/4" in height die stenciled, welded or engraved in a manner that is
				  clear, legible and permanent.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1515 - Storage of Blasting Agents

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Blasting agents and oxidizers used for mixing of blasting agents shall be
				  stored in the manner set forth in this Section. Storage of explosives in active
				  underground operations is exempt from the rules and regulations set forth in
				  this Section, but must comply with all applicable federal regulations set forth
				  in  30 CFR Part 57 . Underground mine storage will provide all adequate safety
				  and security procedures necessary to ensure that unlicensed personnel will not
				  have access to explosives. Such security must be approved by the Deputy
				  Secretary of Public Safety Services.
B. Blasting agents or oxidizers when stored
				  in conjunction with explosives shall be stored in the manner set forth in
				  §1509,
				  §1511 and §1513 The quantity of
				  blasting agents or oxidizers shall be included when computing the total
				  quantity of explosives for determining distance requirements.
C. Blasting agents, when stored entirely
				  separate from other explosives, shall be stored in one-story warehouses without
				  basements. These warehouses shall be:
1.
				  noncombustible or fire resistive;
2. constructed so as to eliminate open floor
				  drains and piping into which molten materials could flow and be confined in
				  case of fire;
3. weather
				  resistant;
4. well ventilated;
				  and
5. equipped with a strong door
				  kept securely locked except when open for business.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1517 - Storage Inventory

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Manufacturers and dealer-distributors must keep accurate accounts of all
				  inventories and sales of explosives. Invoices, sales tickets, or explosive
				  bills of sale that are delivered to the purchaser shall bear the name of the
				  manufacturer or dealer-distributor, the name of the user, the name of the
				  purchaser, the address of the purchaser, the user's license number, date of
				  sale, identification of the type of explosives sold, quantity sold,
				  date-shift-code, and the use for which the explosives are purchased.
B. An accurate inventory of the stock of
				  explosives and caps in magazines must be maintained at each "primary
				  licensee's" local office. The inventory must reflect the date, date/shift-code,
				  quantity on hand, quantity received, quantity issued, quantity returned, and
				  balance on hand at all times of each brand and grade.
C. Records will be maintained for three years
				  on all retail sales of black powder. In addition to the brand, grade, and lot
				  number, the record will reflect the name, street address, city and state of the
				  purchaser. The purchaser will be required to produce identification in the form
				  of driver's license, military identification, or equivalent. This record may be
				  in the form of a sales invoice providing it contains the required
				  information.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1519 - Shortages or Thefts

Current through Register Vol. 50, No. 6, June 20, 2024
A. In case a
				  magazine is broken into, the owner must immediately notify the police or the
				  sheriff, and the Office of the Deputy Secretary of Public Safety Services
				  through the Explosive Control Unit, Baton Rouge, Louisiana. Unexplained
				  shortages or thefts must be reported immediately to the aforementioned
				  authorities.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1521 - General Transportation Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to all other applicable
				  requirements set forth in these rules and regulations, the transportation of
				  explosives over all highways shall be in accordance with the U.S. Department of
				  Transportation regulations.
B.
				  Explosives shall not be transported through any prohibited vehicle tunnel, or
				  subway, or over any prohibited bridge, roadway, or elevated highway.
C. No licensee or an agent thereof shall
				  smoke, carry matches or any other flame producing device, or carry firearms or
				  loaded cartridges while in a conveyance transporting explosives. Nothing in
				  this Subsection shall be so construed as to prevent the presence of a duly
				  authorized and legally constituted armed guard on such conveyances where
				  security considerations dictate their necessity to possess or carry a
				  firearm.
D. Explosives shall not be
				  carried or transported in or upon a public conveyance or conveyances carrying
				  passengers for hire.
E. Explosives
				  shall not be transferred from one vehicle to another within the corporate
				  limits of any city or town without informing the local fire and police
				  department thereof. In the event of breakdown or collision, the local fire and
				  police department shall be promptly notified to help safeguard such
				  emergencies. In the event of a collision/accident, the Department of Public
				  Safety and Corrections Explosives Control Unit, will be notified immediately by
				  telephone. Explosives shall be transferred from the disabled conveyance to
				  another only when proper and qualified supervision is provided.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1523 - Transportation Safety Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Conveyances used for transporting explosives shall comply with all regulations
				  as set forth by the U.S. Department of Transportation. Conveyances used in
				  underground mining operations regulated by the Mine Safety and Health
				  Administration (MSHA) are exempt from this requirement.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1525 - Operation of Vehicles

Current through Register Vol. 50, No. 6, June 20, 2024
A. Conveyances
				  transporting explosives shall only be driven by and be in charge of a driver
				  who is physically fit, careful, capable, reliable, able to read and write the
				  English language, and not addicted to the use, or under the influence, of
				  intoxicants or narcotics, and not less than 18 years of age. He shall be
				  familiar with the traffic regulations, state laws, and the provisions of these
				  rules and regulations. The driver shall always have his vehicle under complete
				  control. Violation of this Subsection shall be based upon an official report of
				  any public official.
B. Vehicle
				  operations shall be conducted in accordance with all regulations as set forth
				  by the U.S. Department of Transportation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1527 - Transportation of Explosives at Piers, Railway Stations, etc

Current through Register Vol. 50, No. 6, June 20, 2024
A. Operations pertaining to this Section
				  shall be conducted in accordance with all regulations as set forth by the U.S.
				  Department of Transportation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1529 - Transportation of Blasting Agents

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The transportation of blasting agents shall be conducted in accordance with all
				  regulations as set forth by the U.S. Department of Transportation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1533 - Loading of Explosives in Blast Holes

Current through Register Vol. 50, No. 6, June 20, 2024
A. All drill holes shall be sufficiently
				  large to admit freely the insertion of the cartridges of explosives.
B. Tamping shall be done only with wood rods
				  without exposed metal parts. Nonsparking metal connectors may be used for
				  jointed poles. Plastic tamping poles may be used provided they have been
				  approved by the Office of the Deputy Secretary of Public Safety Services.
				  Violent tamping shall be avoided.
C. No hole shall be loaded except those to be
				  fired in the next round of blasting. Seismographic operations shall follow this
				  procedure wherever possible for maximum safety, but where practicality will not
				  permit or where a seismic charge is anchored in the bottom of the hole, they
				  are excepted from the provisions of this Subsection.
D. Drilling shall not be started until all
				  remaining butts of old holes are examined for unexploded charges, and if any
				  are found, they shall be refired by or under the direction of a competent and
				  experienced person before work proceeds.
E. No person shall be allowed to deepen drill
				  holes which have contained explosives.
F. After loading for a blast is completed,
				  all excess detonators and other explosives shall immediately be returned to
				  their separate storage magazines unless they are promptly removed to another
				  job site in accordance with transportation and storage rules provided
				  herein.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1535 - Initiation of Explosive Charges

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  When fuse is used, the detonator shall be securely attached to the safety fuse
				  with a standard ring-type cap crimper. All primers shall be assembled at least
				  50 feet from any magazine.
B.
				  Primers shall be made up only as required for each round of blasting.
C. No detonator shall be inserted in the
				  explosives without first making a hole in the cartridge for the detonator with
				  a non-sparking punch of proper size or with a standard cap crimper designed for
				  the purpose.
D. If there are any
				  misfires while using detonators and fuses, all persons shall remain away from
				  the charge for at least 30 minutes. If there are any misfires while using
				  electric detonators, all persons shall remain away from the charge for at least
				  15 minutes. Misfires shall be handled under the direction of the person in
				  charge of the blasting and all wires shall be carefully traced and a search
				  made for unexploded charges.
E. The
				  blaster, when testing circuits to charged holes, shall use only blasting
				  galvanometers designed for this purpose.
F. Only the person making lead wire
				  connections in electrical firing shall control the firing of the shot. All
				  connections shall be made from bore hole back to the source of firing current,
				  and the lead wires shall remain shorted and not be connected to the blasting
				  machine or other source of current until the charge is to be fired.
G. Before a blast is fired, an ample warning
				  signal shall be given by the person in charge, who has made certain that all
				  surplus explosives are in a safe place, all persons and vehicles are at a safe
				  distance or under sufficient cover, and that an adequate warning has been
				  given.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1537 - Identification Numbers and Symbols

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  All explosives manufactured in this state or transported into this state for
				  distribution or sale in this state shall be legibly identified by marking all
				  explosive material. The marks required by this Section must identify the
				  manufacturer and the location, date, and shift of manufacturer. The
				  manufacturer shall place on each cartridge, bag, or other immediate container
				  of explosives manufactured for sale or distribution the required mark which
				  shall also be placed on the outside container, if any, used for their
				  packaging.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1539 - Investigative Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				  investigating losses, thefts, illegal use, and/or possession of explosives,
				  must immediately file a report to that effect with the Explosive Control Unit,
				  Office of the Deputy Secretary of Public Safety Services in Baton Rouge,
				  Louisiana.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1541 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. All licensees
				  must be trained in the areas outlined herein. Explosive blaster, user,
				  manufacturer and or dealer distributor training shall include a minimum of 16
				  hours utilizing any combination of classroom and hands on practice in the use
				  of explosives defined in §1541. D Explosive handler training shall
				  consist of 8 hours of classroom training defined in §1541 E
1. All blaster, user, manufacturer and or
				  dealer distributor licensees shall attend a minimum of 4 hours of annual
				  refresher training utilizing any combination of classroom or hands on practice,
				  in the use of explosives to include updates in §1541. D.6 and explosive
				  safety procedures.
2. All explosive
				  handler licensees shall attend a minimum of 4 hours of annual refresher
				  training to include topics covered in §1541. E.2 and §1541.
				  E 3
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter A - General › Section I-1543 - Drug Testing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  holders of Louisiana Explosive Licenses shall meet the drug testing
				  requirements of the U.S. Department of Transportation (DOT) as they apply to
				  pre-employment, reasonable suspicion, and post accident testing.
B. Nothing in this regulation shall limit or
				  prohibit any company from conducting a drug testing program that is more
				  stringent than the DOT requirements.
C. Any company whose licensee employee
				  refuses or fails any drug test shall notify the deputy secretary of the
				  Department of Public Safety and Corrections, Explosives Control Unit of this
				  fact.
D. All holders of Louisiana
				  Explosives Licenses shall be drug-screened within 120 hours of employment or
				  initial application for, or renewal of, an explosives license. The drug testing
				  required by this Paragraph shall meet the same testing standards as tests
				  required by Subsection A of this Section.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 15 - Explosives Code › Subchapter B - Appendices › Section I-1549 - Appendix C-Table 3, Storage in Magazines and Classification and Use of Magazines

Current through Register Vol. 50, No. 6, June 20, 2024
TABLE 3
Click Here To View
					 Image
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1472.1 et
					 seq.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter A - Authority, Exemptions, Definitions, Scope › Section I-1901 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The 1989
				  Legislature passed the Louisiana Towing and Storage Act in order to regulate
				  persons and businesses engaged in towing and/or storing of vehicles in
				  Louisiana. The act provides that the Department of Public Safety and
				  Corrections, Public Safety Services, Office of State Police shall be the
				  regulating agency. The Office of State Police (hereinafter referred to as the
				  department) has authority in the effective regulation of Louisiana towing and
				  storage businesses.
B. These rules
				  shall apply to any person or entity engaged in the business of towing, recovery
				  or storage of vehicles in Louisiana, either for direct or indirect compensation
				  as defined by law.
C. The deputy
				  secretary, or his designee, may grant, by written order, alternate means of
				  compliance to these rules.
D. These
				  Rules are promulgated in accordance with
				  R.S.
				  32:1711 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1714.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter A - Authority, Exemptions, Definitions, Scope › Section I-1903 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules
				  shall not apply to:
1. car haulers licensed
				  with interstate operating authority capable of carrying five or more
				  vehicles;
2. tow trucks owned by a
				  governmental entity and not used for commercial purposes;
3. tow trucks registered and domiciled in
				  other states with applicable interstate operating authority, operating solely
				  in interstate commerce;
4. tow
				  trucks transporting vehicles that are currently owned by the same tow company
				  and ownership is supported by possession of a title, bill of sale, registration
				  or other legal document while transported and the tow vehicle is permanently
				  and prominently marked on both side in lettering at least 2 1/2 inches in
				  height and 1/4 inch in width with the company's legal name, city and "NOT FOR
				  HIRE ;" or
5. tow trucks owned and
				  operated by garages, automotive mechanic shop owners, or other places where
				  vehicles are repaired that solely tow vehicles for the purposes of maintenance
				  or repair at their facility. Such businesses must:
a. maintain insurance coverage as required by
				  this Chapter;
b. license their tow
				  trucks in accordance with this Chapter;
c. not respond to any crash or disabled
				  vehicle scenes, participate in police rotation systems, conduct private
				  property tows nor conduct non consensual tows;
d. not offer towing or tow-related services
				  for direct or indirect compensation or store any vehicles, as defined by law;
				  and
e. ensure tow trucks are
				  permanently and prominently marked on both side in lettering at least 2 1/2
				  inches in height and 1/4 inch in width with the company's legal name, city and
				  "NOT FOR HIRE ."
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter A - Authority, Exemptions, Definitions, Scope › Section I-1909 - Relationship to Other Laws and Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every tow truck operator, towing or
				  storage facility, employees or agents of a towing or storage facility, subject
				  to or licensed in accordance with this Chapter shall comply with the laws of
				  Louisiana, Federal Motor Carrier Safety Regulations, Federal Hazardous
				  Materials Regulations, specifically, 49 CFR Parts 100 through 399, if
				  applicable, and rules promulgated herein. None of the rules contained herein
				  shall exempt a tow truck operator, towing or storage facility, its employees or
				  agents from complying with law, rule or regulation.
B. Each day's failure to comply with these
				  rules shall constitute a separate offense.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:1714.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 19 - Towing, Recovery, and Storage › Subchapter A - Authority, Exemptions, Definitions, Scope › Section I-1911 - Code of Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. Adherence to
				  Law, Rule or Regulation
1. A violation of the
				  provisions of the Towing and Storage Act shall also constitute a violation of
				  these rules.
2. Tow truck
				  operators, towing services, storage facilities, their employees or agents shall
				  comply with applicable federal and state laws, rules and regulations.