reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 150 - General Provisions › Section LXX-15003 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purposes of
				  these rules and regulations are as follows:
1. to establish rules and regulations for the
				  procedures to be used by the board in performing its duty to request, receive,
				  and review reports prepared by the Board of Commissioners or Examiners and its
				  rendering of decisions:
a. not to act on an
				  accident report;
b. approving a
				  consent discipline; or
c. rendered
				  in a formal disciplinary adjudication.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter A - General Provisions › Section LXX-15201 - Domicile and Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The domicile
					 of the board shall be the Parish of Orleans which address is presently 201 St.
					 Charles Avenue, 31st Floor, New Orleans, LA 70170 or such other address as the
					 board members establish from time to time.
B. The board shall meet at least twice a
					 year, at times and places of its choosing. Other meetings may be held at the
					 discretion of the board. Meetings may be called by the chairman, or at the
					 written request of any three members of the board.
C. The board shall be composed of 11 members.
					 Six members of the board shall constitute a quorum, but any decision of the
					 board shall be obtained by a majority vote of the members of the
					 board.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						34:1133.A,
						R.S.
						34:1134.A.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter A - General Provisions › Section LXX-15203 - Officers of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The officers
					 of the board shall be a chairman, a vice chairman, and a secretary/treasurer,
					 who shall be elected at the first meeting of the board, and annually
					 thereafter.
B. Elections of
					 officers shall be held annually. There shall be no limit to the number of times
					 a member of the board may be elected to any office.
C. The duties of the officers shall be:
1. Chairman - shall preside at all board
					 meetings and shall be the Chief Executive Officer, shall call all board
					 meetings, shall conduct all meetings in accordance with Robert's Rules of
					 Order, and shall be the designee of the board with the authority to request
					 reports under the provisions of
					 R.S.
					 34:1135.C.
2. Vice Chairman-shall act in the absence of
					 the chairman, and shall carry out such other assignments as may be delegated or
					 assigned to him by the chairman.
3.
					 Secretary/Treasurer-shall maintain the minutes of meetings and financial
					 records, if any, shall prepare and submit the annual report under
					 R.S.
					 34:1135.I, shall ensure that the Board of
					 Commissioners or Examiners maintain accident or incident records under
					 R.S.
					 34:1135.J as prescribed in
					 §15221.
					 B of this Chapter, shall prepare and submit
					 accident reports under
					 R.S.
					 34:1135.K, and shall provide a copy of the
					 board's rules and regulations to all state commissioned pilots under
					 R.S.
					 34:1135.L.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter B - Powers and Duties › Section LXX-15205 - Preamble

Current through Register Vol. 50, No. 6, June 20, 2024
A. No provision
					 contained in this Subpart shall limit or supersede the duties and
					 responsibilities of the Board of Commissioners or Examiners. Act 902, 2004
					 Leg., Regular Session (codified at
					 R.S.
					 34:1131 et seq.) created the Board of
					 Louisiana River Pilot Review and Oversight and the purpose was to provide
					 review and oversight of decisions by the Board of Commissioners or Examiners
					 regarding the actions taken by any pilot while the pilot is acting under his
					 state commission. The Board, acting in its role, performs its duty under
					 R.S.
					 34:1135.C to request, receive, and review
					 reports prepared by the Board of Commissioners or Examiners similar to court of
					 appeals in the judicial system but, unlike a court of appeals, also provides a
					 forum for appeals from any party to a formal disciplinary proceeding before the
					 Board of Commissioners or Examiners, and also provides a forum for sworn
					 complaints to be filed, pursuant to its duty under
					 R.S.
					 34:1135.G to receive sworn complaints against
					 any pilot.
AUTHORITY NOTE:
						Promulgated in concurrence with
						R.S.
						34:1135.C, F, G,
						M.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter B - Powers and Duties › Section LXX-15207 - Reports to the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Board of
					 Commissioners or Examiners shall submit reports to the board related to
					 accidents involving any state commissioned pilot subject to this Rule while the
					 pilot is acting under his state commission, reports as to consent disciplines
					 agreed to by and between a state commissioned pilot and the Board of
					 Commissioners or Examiners, and reports as to formal disciplinary adjudications
					 rendered by the Board of Commissioners or Examiners.
B. The chairman of the Board of Commissioners
					 or Examiners shall submit the executed original report to the board with a copy
					 to each of the members of the board and one certified copy to the affected
					 state commissioned pilot.
C. The
					 form and format of the report shall be set out by the board from time to time
					 to allow for changes in technology.
D. On the outside of the front cover of each
					 written report, there shall be inscribed with proper separation of lines and
					 spaces, and in the following order:
1. the
					 title of the Board of Commissioners or Examiners that prepared and submitted
					 the report;
2. the date of the
					 accident; and
3. the name of the
					 pilot.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter B - Powers and Duties › Section LXX-15209 - Requests from the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 board may request, at any time, completed reports from the Board of
					 Commissioners or Examiners related to accidents involving any state
					 commissioned pilot subject to this Rule while the pilot is acting under his
					 state commission. Reports are considered completed upon the Board of
					 Commissioners or Examiners reaching a decision as set out in
					 §15207.
					 E.4 of this Chapter. As to the completed
					 reports, the Board of Commissioners or Examiners shall submit its report to the
					 Board within 14 days after receiving a request from the board, if not
					 previously submitted. Additionally, the board may request an updated status of
					 any matter reported in an incident report previously submitted to the board by
					 the Board of Commissioners or Examiners.
B. The board shall issue notice along with an
					 executed original of each request to the Board of Commissioners or Examiners at
					 its official address.
AUTHORITY NOTE:
						Promulgated in accordance with 33 CFR §20 . 302, and
						R.S.
						34:1135.C.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter B - Powers and Duties › Section LXX-15211 - Board's Action on Reports of Accidents, Consent Disciplines, or Formal Disciplinary Adjudications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. After receiving a report on any accident,
					 consent discipline, or formal disciplinary adjudication from the Board of
					 Commissioners or Examiners, the board shall act on the report at its next
					 meeting, provided it is submitted 30 days prior to the meeting, and shall
					 either:
a. take no further action, thereby
					 consenting to the action of the submitting Board of Commissioners or
					 Examiners;
b. request additional
					 information under
					 §15209 of
					 this Chapter, in which event the Board of Commissioners or Examiners shall
					 submit the additional information within 30 days of receiving notice from the
					 board, and the report shall be reconsidered along with the additional
					 information at the board's next meeting provided it is resubmitted 30 days
					 prior to the meeting; or
c. remand
					 the matter to the submitting Board of Commissioners or Examiners for further
					 investigation or proceedings, the results of which are to be submitted to the
					 board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter B - Powers and Duties › Section LXX-15213 - Appeals from Formal Disciplinary Adjudications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any aggrieved party to a formal
					 disciplinary proceeding before the Board of Commissioners or Examiners has the
					 right, at the party's discretion, to obtain a review of the final decision of
					 the Board of Commissioners or Examiners by filing a written notice of appeal
					 with the board. The party shall file the notice of appeal with the board within
					 45 days after the Board of Commissioners or Examiners issued notice of its
					 final decision, and shall serve a copy of the notice of appeal on the parties
					 to the formal disciplinary proceeding.
B. In the event of parallel appeals to the
					 board and the state district court, the board, if it completes its review
					 before the state district court renders a decision, may intervene in the state
					 district court's Appeal to advise the court of its findings.
AUTHORITY NOTE:
						Promulgated under La.
						R.S.
						34:1135.F, and
						R.S.
						49:964(1); based on
						33 CFR §
													20.1001
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter B - Powers and Duties › Section LXX-15215 - Procedure for Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
					 appeal is taken by the timely filing of a notice of appeal with the board and
					 the Board of Commissioners or Examiners.
B. Upon the timely filing of a notice of
					 appeal, the Board shall issue notice that the appeal has been timely filed to
					 the counsel of all other parties, to the respective Board of Commissioners or
					 Examiners, and to any party not represented by counsel.
C. The return day of the appeal shall be 45
					 days from the date notice is given that the testimony is transcribed, which
					 completes the record of proceedings.
D. The record of proceedings shall constitute
					 the official record on appeal and consists of the transcript of testimony at
					 the hearing, all exhibits received into evidence, any items marked as exhibits
					 and not received into evidence, all motions, all applications, all requests,
					 the Board of Commissioners or Examiners' decision, all orders, and all
					 rulings.
E. The Board of
					 Commissioners or Examiners shall prepare the record of proceedings and lodge it
					 with the Board on or before the return day. Failure of the chairman of the
					 Board of Commissioners or Examiners to prepare and lodge the record timely on
					 appeal shall not prejudice the appeal.
F. The record of proceedings prepared by the
					 Board of Commissioners or Examiners to be lodged with the board shall be
					 certified and dated by the chairman of the Board of Commissioners or Examiners
					 upon completion.
G. Once the record
					 of proceedings has been lodged, the board shall issue notice to the counsel of
					 all other parties, to the respective Board of Commissioners or Examiners, and
					 to any party not represented by counsel.
H. The appeal commences when the Board issues
					 an order granting appeal and issues a notice of appeal to the counsel of all
					 other parties, to the respective Board of Commissioners or Examiners, and to
					 other parties not represented by counsel.
I. The board and the parties shall provide
					 notice as follows:
1. The board shall serve
					 upon each party to the proceeding a copy of each document issued by the board
					 in the proceeding.
2. Unless the
					 board orders otherwise, each person filing a document with the
					 secretary/treasurer shall serve upon each party a copy of it.
3. If a party filing a document must serve a
					 copy of it upon each party, each copy must bear a certificate of service,
					 signed by or on behalf of the filing party, stating that he has so served
					 it.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter B - Powers and Duties › Section LXX-15217 - Sworn Complaints to the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any source may file a sworn complaint
					 within one year of the alleged acts complained of.
B. The board shall receive any sworn
					 complaint from any source against a state commissioned pilot while in the
					 performance of his duties, including acts of misconduct, carelessness,
					 incompetence, intoxication, negligence, or the refusal to offer timely pilotage
					 services without just cause, and any sworn complaint against a pilot for abuse
					 of legally prescribed medication and/or illegal use of controlled dangerous
					 substances.
C. Any sworn complaint
					 submitted by any source to the board shall be typewritten and submitted on
					 plain paper and shall include the date and time of the incident, a description
					 of what happened, the type of incident, casualties, location, conditions, name
					 of vessel piloted, if known, any other vessels, structures, or objects
					 involved, the name of the pilot, if known, and any allegations against the
					 pilot, and shall be given in writing and under oath before a notary public in
					 which the complainant swears to the truthfulness of the allegations, subject to
					 the penalties for perjury.
D. If a
					 sworn complaint is not submitted in the prescribed manner, the board shall
					 return it, with an explanation of error, and without prejudice to the sender to
					 properly refile.
AUTHORITY NOTE:
						Promulgated under La.
						R.S.
						34:1135.G.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter B - Powers and Duties › Section LXX-15219 - Board's Action on Sworn Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. After receiving a sworn complaint as
					 defined in
					 §15005 of
					 this Subpart from any source, the board shall act on the complaint at its next
					 meeting provided it is submitted at least 30 days prior to the meeting. Within
					 60 days of its meeting, the board shall notify the complainant and the
					 respective Board of Commissioners or Examiners in writing of its action to
					 either:
1. refer the matter to the
					 appropriate Board of Commissioners or Examiners for investigation, the results
					 of which are to be submitted to the board in the form of a report; or
2. conduct investigations and, if necessary,
					 conduct hearings pursuant to the Administrative Procedure Act and the rules
					 adopted by the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter B - Powers and Duties › Section LXX-15221 - Annual Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
					 compliance with
					 R.S.
					 34:1135.I, the board requires that the Board
					 of Commissioners or Examiners maintain a permanent accident or incident record
					 on each pilot it regulates as well as an accident investigation file as long as
					 the pilot involved has a state pilot commission. The board shall have access to
					 these records.
B. The board shall
					 submit an annual report to the general counsel of the Department of
					 Transportation and Development on any accident investigation.
1. The report shall identify the accident and
					 location, the pilot involved, a description of the damage sustained, and the
					 action taken by the board or the Board of Commissioners or Examiners. The
					 annual report shall be submitted on or before the last day of February for
					 accidents occurring during the previous year.
2. The report shall be submitted in whatever
					 form the Department of Transportation and Development may require.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter B - Powers and Duties › Section LXX-15223 - Rules Supplied to State Commissioned Pilots

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall provide to all state
					 commissioned pilots a copy of the board's rules and regulations.
B. In compliance therewith the Board of
					 Examiners or Commissioners shall on behalf of the board furnish the state
					 commissioned pilots they regulate a copy of the board's rules and
					 regulations.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						34:1135.L.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 6 - Board of Louisiana River Pilot Review and Oversight › Chapter 152 - Board of Louisiana River Pilot Review and Oversight › Subchapter B - Powers and Duties › Section LXX-15225 - Evidentiary Issues

Current through Register Vol. 50, No. 6, June 20, 2024
A. Considering
					 the purpose of the board and the Boards of Commissioners or Examiners is to
					 regulate state commissioned pilots and not to determine issues of liability or
					 negligence, certain prohibitions concerning the use of its reports and
					 testimony from their members and employees are hereby adopted:
1. The discovery of and admissibility as
					 evidence in a civil proceeding of the reports of the board or the Board of
					 Commissioners or Examiners (other than in an administrative proceeding
					 initiated by the board or the Board of Commissioners or Examiners) involving a
					 state commissioned pilot is prohibited. The term "reports" includes findings of
					 fact, opinions, recommendations, deliberations, and conclusions.
2. The use of any form of discovery,
					 including depositions of members of the board or the Board of Commissioners or
					 Examiners, its employees, investigators, counsel, and prosecutors, and the
					 compelling or allowing of their testimony in any civil or administrative
					 proceeding relevant to the performance of their duties is prohibited, their
					 testimony is not admissible, and the report is not considered the report of an
					 expert.
3. The board and the Board
					 of Commissioners or Examiners, as well as its members, employees,
					 investigators, counsel, and prosecutors may enforce these provisions by means
					 of injunctive relief.
4. If the
					 court grants injunctive relief as sought by the board and the Board of
					 Commissioners or Examiners, or any of its members, employees, investigators,
					 counsel, and prosecutors, the court may award to the board, the Board of
					 Commissioners or Examiners, or any of its members, employees, investigators,
					 counsel, or prosecutors attorneys fees and costs incurred against the party
					 attempting to use the information prohibited in
					 R.S.
					 34:1135.N.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 1 - Definitions › Section LXXI-101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless otherwise
				specifically provided herein, the following words and terms used in this Part
				are defined for the purposes thereof as follows.
Active Registered Sanitarian
- any registered
				  sanitarian who is actively carrying out inspectional, educational, and
				  investigational duties in the field of environmental sanitation, or who
				  actively serves as a consultant, supervisor, or administrator of programs and
				  personnel involving such duties.
Board
-the Louisiana State Board of Examiners
				  for Sanitarians as created by
				  R.S.
				  37:2102.
Contact Hour
-one clock hour of continuing
				  education in an approved educational experience approved by the board or 0.1
				  CEU in an approved educational experience approved by the board.
Continuing Education Unit (CEU)
-a value
				  provided by some agencies, such as, but not limited to, the Centers for Disease
				  Control (CDC) or the Food and Dug Administration (FDA), which is based on an
				  estimated amount of time spent studying the course material and taking the test
				  provided (if any) by such agency. For the purposes of this Part, one CEU is
				  equivalent to 10 contact (clock) hours.
Inactive Registered Sanitarian
-a sanitarian
				  who at one time was an active registered sanitarian but now no longer possesses
				  a valid sanitarian license and pays no fees to the board . For example, a
				  sanitarian who is retired or otherwise not working as an active registered
				  sanitarian.
Provisional License Status
-a type of warning
				  license issued by the board for disciplinary reasons which requires a cure to
				  return to full licensure status. An example for the cause of issuance include,
				  but is not limited to, failure to obtain the minimum required continuing
				  education contact hours required by the board.
Registered Sanitarian-
a sanitarian that
				  possesses a valid sanitarian license issued by the board under the provisions
				  of Chapter 23 of Title 37 of the Louisiana Revised Statutes and this Part and
				  whose name is listed on a register maintained by the board.
Sanitarian
-a person who carries out
				  inspectional, educational, and investigational duties in the field of
				  environmental sanitation, or who serves as a consultant, supervisor, or
				  administrator of programs and personnel involving such duties.
Temporary Sanitarian
-any person who has
				  applied for and received an educational review by the board and has been issued
				  a temporary sanitarian permit pending:
a. the taking and successful completion of a written and oral
				  examination to be administered by the board ;
b. the successful completion of a training course in
				  sanitation; and
c. a minimum of one year of field experience under the
				  supervision of a registered sanitarian.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 3 - General Provisions › Section LXXI-301 - Meetings of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regular
				business meetings of the board shall be held at the place so designated by the
				chairman.
B. There shall be a
				minimum of two regular meetings of the board each calendar year with one
				meeting in the spring and one in the fall.
C. The fall meeting shall be the annual
				meeting.
D. Special meetings may be
				called by the chairman whenever, in his opinion, such a meeting is necessary
				for the efficient operation of the board.
E. At least 10 days notice shall be given
				each member of the board prior to the date of the meeting, except in
				emergencies.
F. Four members of the
				board shall constitute a quorum.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 3 - General Provisions › Section LXXI-303 - Officers of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The officers
				of the board shall be elected at each annual meeting.
B. The term of the officers shall be for one
				year.
C. Officers may be reelected
				for additional terms.
D. The
				officers shall consist of a chairman, vice-chairman, and secretary.
E. The secretary shall serve as
				treasurer.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 3 - General Provisions › Section LXXI-305 - Duties of the Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chairman
				shall preside at all meetings. He shall appoint all committees and perform all
				other duties pertaining to his office.
B. The vice-chairman shall preside in the
				absence of the chairman.
C. In the
				absence of the chairman and vice-chairman, the secretary shall
				preside.
D. The secretary shall:
1. keep all records of the meetings and shall
				submit copies of the minutes of such meetings to each board member within 30
				days of the meeting;
2. maintain a
				correct register of all sanitarians who are duly licensed and registered with
				the board;
3. purchase all
				necessary supplies and perform all other duties necessary for the efficient
				operation of his office;
4.
				maintain a depository account in the name of the Louisiana State Board of
				Examiners for Sanitarians, and deposit therein all monies paid into the board,
				keeping a correct record of such funds in ledgers and journals furnished by the
				board;
5. pay all bills authorized
				and/or contracted for, by the board, keeping proper and correct record of all
				such disbursements. These records shall be subject to auditing by the state
				auditor;
6. issue temporary
				licenses pending the conducting of examinations to applicants who appear to
				have the necessary qualifications;
7. send copies of the minutes of each meeting
				to each registered sanitarian, within 60 days of the date of the
				meeting;
8. send copies of
				tentative agenda to all board members at least 10 days prior to each regular
				meeting;
9. select a depository for
				the deposit of funds received by the board;
10. ensure that checks for the disbursements
				of all such funds be signed by the vice-chairman and countersigned by the
				secretary;
11. submit photocopies
				of the checkbook register at all regularly scheduled board meetings.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 3 - General Provisions › Section LXXI-307 - Amendments to the Bylaws

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bylaws
				may be amended at any regular or special meeting, by a majority vote of the
				members provided that each member of the board be notified of the proposed
				amendment at least 10 days prior to the effective date of the
				meeting.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 5 - Application › Section LXXI-501 - Submitting Application for Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person aspiring to become a licensed
				sanitarian in the state of Louisiana, must submit an application, applicable
				fee and official transcript to the board. Applications are available from the
				regional sanitarian of the Office of Public Health or the board.
B. An applicant must notify the board of his
				place of employment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104,
				  R.S.
				  37:2105,
				  R.S.
				  37:2106,
				  R.S.
				  37:2107,
				  R.S.
				  37:2109.1, and
				  R.S.
				  37:2111.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 5 - Application › Section LXXI-503 - Deposit of Examination Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board shall require from each applicant the appropriate transcript review
				fee.
B. The transcript review fee
				shall be retained by the board even though the applicant is found not to be
				qualified for a temporary sanitarian permit.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104,
				  R.S.
				  37:2107, and
				  R.S.
				  37:2109.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 7 - Temporary Permits › Section LXXI-701 - Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S.
				37:2106, the board shall issue temporary
				permits to sanitarians who qualify under the requirements of
				R.S.
				37:2111. However, nothing therein shall be
				construed as to prohibit the board from issuing a temporary permit based upon
				educational requirements only if the applicant is otherwise required to obtain
				a minimum of one year of field experience, including the successful completion
				of a training course in sanitation, within one year of temporary permit
				issuance.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104,
				  R.S.
				  37:2106,
				  R.S.
				  37:2110, and
				  R.S.
				  37:2111.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 7 - Temporary Permits › Section LXXI-703 - Effective Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				temporary permit issued shall be valid for a period not to exceed one year for
				non-practicing sanitarians. For non-practicing sanitarians, a temporary permit
				may be renewed upon receipt of a written request and applicable fee
				payment.
B. For practicing
				sanitarians, a temporary permit may be renewed upon receipt of a written
				request and applicable fee; however, if the applicant was required to obtain a
				minimum of one year of field experience, including the successful completion of
				a CDC training course in sanitation, within the first year of the initial
				temporary permit issuance, issuance of any subsequent temporary permits shall
				be prohibited until these requirements have been met.
C. Practicing sanitarians shall be required
				to complete all requirements for the license (as per
				§1101.
				A of this Part) within 18 months from date of
				employment.
D. For practicing
				sanitarians who have obtained a minimum of one year of field experience,
				including the successful completion of a CDC training course in sanitation, yet
				fails to pass the written and/or oral examination administered by the board
				within 18 months from date of employment, his/her temporary permit to work as a
				sanitarian may be renewed for a total of only three times. Said applicant will
				be given the opportunity to pass the examination at the subsequent two
				examination periods as set by the board. The temporary permit shall
				automatically become null and void if the applicant fails the board
				administered examination three times. Since the applicant will no longer hold a
				temporary permit, he/she will not be allowed to continue to perform the duties
				of a sanitarian. The applicant will not be eligible to receive another
				temporary permit or take another board administered examination for a minimum
				of 12 consecutive months following the date of the last examination taken by
				the applicant.
E. Once an applicant
				has met all the requirements and is issued a license to practice as a
				registered sanitarian, any temporary permit previously held by him/her
				automatically becomes null and void.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104,
				  R.S.
				  37:2106,
				  R.S.
				  37:2110, and
				  R.S.
				  37:2111.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 7 - Temporary Permits › Section LXXI-705 - Temporary Permit Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board shall assess and collect a fee for an education/transcript review,
				including issuance of a temporary permit upon the board finding the applicant
				meets the required qualifications.
B. The board shall assess and collect a fee
				for renewal of temporary permit.
C.
				The board shall assess and collect a fee for reinstatement of delinquent
				temporary renewal.
D. The board
				shall assess and collect a penalty for late payment of renewal of temporary
				permit fee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104,
				  R.S.
				  37:2109.1, and
				  R.S.
				  37:2111.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 9 - Examinations › Section LXXI-901 - Examinations

Current through Register Vol. 50, No. 6, June 20, 2024
A. All prospective
				examinees must successfully complete a Centers for Disease Control's homestudy
				sanitation course approved by the board which constitutes a prerequisite to the
				examination.
B. The board shall:
1. examine all qualified applicants for a
				license to practice as a sanitarian, the examination to consist of a written
				and oral examination;
2. prepare
				such examinations and select or appoint individuals to conduct the
				examinations, provided that at least two sanitarian members of the board shall
				be present to assist in the conduct of the examination.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 11 - Licenses › Section LXXI-1101 - Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. To obtain a
				license, the temporary permit holder shall, within 18 months of the date of
				employment, have successfully completed:
1.
				one year of field experience in environmental health acceptable to the
				board;
2. a Centers for Disease
				Control (CDC) course in sanitation approved by the board; and
3. a written and oral sanitarian examination
				administered by the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 11 - Licenses › Section LXXI-1103 - Failure to Take Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Except for an emergency situation approved by the board, failure of an
				applicant to take the examination after being duly notified shall automatically
				cause the applicant's temporary permit to immediately become null and void. The
				applicant shall have to pay the appropriate fee for the renewal of the
				temporary permit.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104 and
				  R.S.
				  37:2105.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 11 - Licenses › Section LXXI-1105 - Renewal of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				license issued by the board shall be renewed annually on or before January 15
				of each calendar year, and any license not renewed within 30 days after the
				renewal date shall be suspended.
B.
				A license suspended for delinquency of renewal may be renewed within 30 days of
				the suspension date by the payment of the renewal fee, and in addition the
				payment of a delinquency penalty charge.
C. A license may be renewed after a lapse of
				30 days from the date of suspension, only by action of the board and payment of
				renewal fees and delinquency penalty charges as the board may assess each
				individual case, and provided that the applicant meets with the basic
				educational requirements in effect at the time of application for
				reinstatement.
D. A license revoked
				for cause by the board may be reinstated only by the action of the
				board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104,
				  R.S.
				  37:2108, and
				  R.S.
				  37:2109.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 13 - Registration › Section LXXI-1301 - Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. By virtue of
				being licensed by the board, a sanitarian will be registered with the board and
				shall be assigned a registration number.
B. A sanitarian having satisfactorily met the
				requirements of the board is entitled to recognition as a registered
				sanitarian, licensed to practice as a sanitarian in the state of
				Louisiana.
C. The board shall
				maintain a list of registered sanitarians registered with the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 15 - Fees › Section LXXI-1501 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Fees for
				examinations, temporary permits, licenses, etc., shall be fixed by statute.
				Refer to R.S. 37:2107,
				R.S.
				37:2108, and
				R.S.
				37:2109.1 for details.
B. Unless the statute which enacts or amends
				fees specifies otherwise, the effective date for fees apply to the calendar
				year beginning January 1 following statutory enactment or amendment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104,
				  R.S.
				  37:2107,
				  R.S.
				  37:2108, and
				  37:2109.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 17 - Enforcement › Section LXXI-1703 - Enforcement of R.S. 37:2102 et seq

Current through Register Vol. 50, No. 6, June 20, 2024
A. When violations or suspected violations of
				the law are brought to the attention of the board, the board shall cause to be
				made through a thorough investigation of the alleged violation, and shall, if
				the investigation indicates, file mandamus or injunction suits for the purpose
				of enforcing the provisions of the said law or regulations of the
				board.
B. The board shall direct
				the secretary to take action in the board's behalf as is necessary.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104 and
				  R.S.
				  37:2116.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 19 - Qualification Requirements › Section LXXI-1901 - Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				qualifications required of an applicant for a sanitarian permit shall be:
1. graduation from an accredited college or
				university, with a bachelor's degree and concentration of courses in the
				general area of environmental health. In lieu thereof, an applicant may offer a
				bachelor's degree which includes at least 30 semester hours (or the equivalent)
				of courses in the physical and biological sciences, with minimum of six hours
				in the physical sciences and a minimum of 10 hours in the biological sciences,
				plus one year of field experience in environmental health acceptable to the
				board. The physical sciences will be said to include only chemistry and
				physics; the biological sciences include but are not limited to biology,
				entomology, microbiology, zoology, and such applied sciences as animal
				husbandry, dairy husbandry, environmental sciences, environmental engineering,
				and veterinary science;
2. the
				board may by further regulation require, also, that the field experience
				include specified phases of environmental health and the applicant complete a
				short intensive training course in environmental health.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 21 - Continuing Education Requirements › Section LXXI-2101 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. All active
				registered sanitarians shall obtain a minimum of eight contact hours of
				continuing education during each calendar year.
1. For purposes of compliance with this
				Paragraph, the following equivalents shall apply:
a. one academic semester hour shall be
				equivalent to 15 contact hours;
b.
				one academic quarter hour shall be equivalent to 12.5 contact hours;
				and
c. one continuing education
				unit shall be equivalent to 10 contact hours.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 21 - Continuing Education Requirements › Section LXXI-2103 - Cause for Provisional License Status Issuance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to obtain the minimum required
				continuing education credits prior to each annual renewal period shall be cause
				for an active registered sanitarian's license to be downgraded to a provisional
				license status. In addition, failure to submit proper documentation of training
				credits received upon written request of the board and within the time limit
				specified by the board shall be cause for an active registered sanitarian's
				license to be downgraded to a provisional license status.
B. Once the board has downgraded an active
				registered sanitarian's license to a provisional license status, it shall be
				incumbent upon the board to promptly notify an active registered sanitarian of
				such action, including the reason for such action and the consequences for
				failure to cure the problem.
C.
				Notification of provisional license status shall be done by certified
				mail-return receipt requested or hand delivery. For sanitarians employed by the
				state of Louisiana, a copy of such action shall be sent by regular mail to the
				appropriate supervisor(s) and human resource office(s) to inform them that
				their employee has effectively been placed "on notice" by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104 and
				  37:2105.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 21 - Continuing Education Requirements › Section LXXI-2105 - Consequences of Provisional License Status Issuance/Possible Revocation of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once a
				sanitarian has been placed on provisional license status for violation of the
				requirements of this Chapter, he/she shall be required to fully comply with the
				requirements of
				§2101.
				A of this Chapter during the same calendar
				year in which he/she has been placed on provisional license status.
B. Failure to fully comply with the
				requirements of
				§2101.
				A of this Chapter by the end of the calendar
				year in which he/she has been placed on provisional license status shall be
				cause for revocation of license.
C.
				Notification of revocation of license shall be done by certified mail-return
				receipt requested or hand delivery. For sanitarians employed by the state of
				Louisiana, a copy of such action shall be sent by regular mail, using a
				certificate of mailing, to the appropriate supervisor(s) and human resource
				office(s) to inform them that their employee no longer has a valid license to
				practice as a sanitarian.
D. This
				Section shall not be construed to allow a sanitarian to forego the continuing
				education requirements of the current calendar year while he/she is acquiring
				continuing education credits for the purpose of curing a provisional license
				issued due to failure to achieve continuing education requirements from one or
				more previous calendar years. In other words, at the end of the calendar year
				in which the sanitarian has been placed on provisional license status for
				violation of the requirements of this Chapter, one must also acquire all other
				continuing education credits necessary to bring oneself fully up to date and
				compliant with all continuing education requirements then required of him/her
				at the end of such calendar year.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104 and
				  37:2105.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXI - Sanitarians › Chapter 21 - Continuing Education Requirements › Section LXXI-2107 - Limitations of Provisional License Status Issuance

Current through Register Vol. 50, No. 6, June 20, 2024
A. A sanitarian can be placed on provisional
				license status no more than three times during their entire career.
B. Issuance of provisional license status on
				a consecutive basis is prohibited.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2104 and
				  37:2105.