reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 7 - Adjudications › Section III-725 - Termination of Adjudications; Voluntary Withdrawal; Abandonment (formerly Section 531)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The administrative
				law judge may issue an order terminating an adjudication based upon voluntary
				waiver, withdrawal of the request for a hearing, rescission by the agency of
				the underlying action, settlement, stipulation, consent order, or any other
				reason deemed proper or lawful by the administrative law judge.
B. In accordance with
				R.S.
				49:955(A), a party who
				requests an administrative hearing may be deemed to have waived the right to a
				hearing if, after having been provided with reasonable notice, the party fails
				to appear on the day and time set for hearing, unless otherwise provided by
				law. In such instances, the rule to show cause, hearing request, or appeal may
				be terminated based on the party's waiver of the right to a hearing. The order
				terminating the adjudication shall be transmitted to the party's last known
				address.
C. Abandonment. Except as
				otherwise provided by law, an action is abandoned when the parties fail to take
				any step in its prosecution or defense for a period of three years.
1. This provision shall be operative without
				formal order. However, on an ex parte motion of any party, other interested
				person, or the Administrative Hearings Clerk, supported by an affidavit, the
				administrative law judge shall enter an order terminating adjudication as of
				the date of its abandonment.
2. The
				affidavit shall specify that no step has been taken in the prosecution or
				defense of the action for a period of three years.
3. The order shall be transmitted to all
				parties, and the parties shall have 30 days from date of transmission to file a
				motion to set aside the dismissal based on a showing of good cause.
4. Any request for discovery as authorized by
				these rules and the APA that is served on all parties, regardless of whether or
				not such discovery was filed in the record, including the taking of a
				deposition with or without formal notice, shall be deemed to be a step in the
				prosecution or defense of the action.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 8 - Ethics Adjudicatory Board › Section III-801 - Selection of Board Members and Panels

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public Meeting. The selection of the
				Ethics Adjudicatory Board will take place during a public meeting of the
				Louisiana Board of Ethics.
B.
				Random Selection Process
1. The director of
				the Division of Administrative Law, or his designee, shall place into a
				container, the names of all probationary and permanent Division of
				Administrative Law administrative law judges who meet the statutory
				qualifications. They must have:
a. not less
				than two years experience as an administrative law judge; or
b. not less than 10 years experience in the
				practice of law.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 8 - Ethics Adjudicatory Board › Section III-803 - Recusal of an Ethics Adjudicatory Board Member

Current through Register Vol. 50, No. 6, June 20, 2024
A. An Ethics Adjudicatory Board member shall
				voluntarily recuse himself and withdraw from any adjudication in which he
				cannot accord a fair and impartial hearing or consideration, when required by
				applicable rules governing the practice of law in Louisiana or for other good
				cause such as conflict of interest. Applicable recusal provisions include
				R.S.
				49:960,
				R.S.
				49:999, or other conflict of interest
				provisions.
B. When an Ethics
				Adjudicatory Board member is recused from a panel or a case to be adjudicated,
				the alternate administrative law judge shall be assigned to the panel or
				case.
C. In the event the alternate
				judge is unavailable, the administrative hearings clerk shall randomly select a
				name from the remaining Ethics Adjudicatory Board members by placing their
				names in a container and blindly selecting one. The selected individual shall
				be substituted on the panel or the case.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 8 - Ethics Adjudicatory Board › Section III-805 - Panel Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				panel shall select the administrative law judge who will preside over the
				hearing.
B. The determination of
				the majority of the panel in a particular case shall be the determination of
				the Ethics Adjudicatory Board.
C.
				After the hearing, the presiding judge shall assign authorship responsibility
				for the determination.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et seq., and
				  R.S.
				  42:1141.5.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 8 - Ethics Adjudicatory Board › Section III-807 - Appeals to the Court of Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				When a decision of the Ethics Adjudicatory Board is appealed to the Court of
				Appeals, copies of the motion for appeal shall be served upon the Division of
				Administrative Law and all parties of record.
B. The Division of Administrative Law shall
				prepare the record on appeal after the appellant pays the costs pursuant to
				§305 of these
				rules.
C. Any motion for an appeal
				shall comply with the local rules of that court and Uniform Rules of Louisiana
				Courts of Appeal.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et seq., and
				  R.S.
				  42:1142.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 9 - Mediation › Section III-901 - Mediation (formerly Section 701)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party
				may request a pre-trial mediation conference.
B. Mediation shall not be conducted over the
				objection of a party.
C. The
				administrative law judge to whom the case was originally assigned shall not
				conduct the mediation. The order setting the matter for mediation shall
				designate another administrative law judge to act as mediator.
D. Each party, representative, or attorney
				shall negotiate in good faith, and be prepared to obtain the authority
				necessary to settle and compromise the adjudication. The mediator may permit a
				telephone appearance in lieu of a personal appearance for good cause or
				convenience of the parties.
E.
				Mediation shall not unduly delay the hearing schedule. The presiding
				administrative law judge may continue scheduled dates upon the motion of a
				party or on his/her own motion.
F.
				Confidentiality of mediations shall be governed by
				R.S.
				9:4112.
G. Each party or representative should submit
				to the assigned mediator, at least one day prior to the conference, information
				sufficient to explain the nature and circumstances of the case. The submittals
				need not be in any certain form and may consist of any documents, exhibits, or
				writings the party wishes the mediator to consider before the conference. The
				mediator may use all statements, documents, exhibits or other types of
				information submitted, as he/she deems appropriate to foster settlement unless
				a party has expressly stated otherwise.
H. The mediator shall not draft settlement
				agreements. Agreements may be recited on the record before the presiding
				administrative law judge and later reduced to writing by the parties or their
				representatives.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 11 - Ethics Adjudicatory Board › Section III-1101 - Selection of Board Members and Panels (formerly Section 801)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public Meeting. The selection of the
				Ethics Adjudicatory Board will take place during a public meeting of the
				Louisiana Board of Ethics.
B.
				Random Selection Process
1. The director of
				DAL, or his/her designee, shall, at a public meeting of the Board of Ethics in
				December of the year preceding the year in which the terms are to begin,
				randomly select seven administrative law judges from among those who meet the
				qualifications to comprise the Ethics Adjudicatory Board. Members of the
				adjudicatory board shall have:
a. not less
				than two years of experience as an administrative law judge; or
b. not less than 10 years of experience in
				the practice of law.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 11 - Ethics Adjudicatory Board › Section III-1103 - Recusal of an Ethics Adjudicatory Board Member (formerly Section 803)

Current through Register Vol. 50, No. 6, June 20, 2024
A. An Ethics Adjudicatory Board member shall
				voluntarily recuse himself and withdraw from any adjudication in which he
				cannot accord a fair and impartial hearing or consideration, when required by
				applicable rules governing the practice of law in Louisiana or for other good
				cause such as conflict of interest. Applicable recusal provisions include
				R.S.
				49:960,
				R.S.
				49:999, or other conflict of interest
				provisions.
B. When an Ethics
				Adjudicatory Board member is recused from a panel or a case to be adjudicated,
				the alternate administrative law judge shall be assigned to the panel or
				case.
C. In the event the alternate
				administrative law judge is unavailable, the administrative hearings clerk
				shall randomly select a name from the remaining Ethics Adjudicatory Board
				members. The selected individual shall be substituted on the panel or the
				case.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 11 - Ethics Adjudicatory Board › Section III-1105 - Panel Procedure (formerly Section 805)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The panel
				shall select a chief administrative law judge, from its members, who will
				preside over the hearings and coordinate the docket of the panel.
B. The determination of the majority of the
				panel in a particular case shall be the determination of the Ethics
				Adjudicatory Board.
C. After a
				hearing, the presiding administrative law judge shall assign authorship
				responsibility to a panel member.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et seq., and
				  R.S.
				  42:1141.5.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 11 - Ethics Adjudicatory Board › Section III-1107 - Appeals to the Court of Appeal (formerly Section 807)

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a decision of the Ethics Adjudicatory
				Board is appealed to the Court of Appeal, First Circuit, copies of the motion
				for appeal shall be served upon DAL and all parties of record.
B. DAL shall prepare the record on appeal
				after the appellant pays the costs pursuant to
				§305 of these
				rules.
C. Any motion for an appeal
				shall comply with the local rules of the Court of Appeal, First Circuit, and
				Uniform Rules of Louisiana Courts of Appeal.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et seq., and
				  R.S.
				  42:1142.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 1 - Rulemaking Petitions › Section I-101 - Submission of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				with R.S.
				49:953(C)(1), any interested
				person may petition an agency to adopt a new rule, or to amend or repeal an
				existing rule.
B. To petition an
				agency within the Division of Administration for changes to the agency's
				current rules, or for the adoption of new rules within the agency's purview, an
				interested person shall submit a written petition to the Division of
				Administration, Office of the Commissioner. The petition shall include:
1. the petitioner's name and
				address;
2. the name of the
				promulgating agency for the rule in question;
3. specific text or a description of the
				proposed language desired for the adoption or amendment of a rule, or the
				specific rule and language identified for repeal;
4. justification for the proposed action;
				and
5. the petitioner's
				signature.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 1 - Rulemaking Petitions › Section I-103 - Consideration of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Upon receipt, a rulemaking petition shall be forwarded to the promulgating
				agency for review.
B. Within 90
				days of receipt of the rulemaking petition, the agency shall either:
1. initiate rulemaking procedures to adopt a
				new rule, or to amend or repeal an existing rule; or
2. notify the petitioner in writing of the
				denial to proceed with rulemaking, stating the reason(s) therefor.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 3 - Fees › Section I-301 - Uniform Fee Schedule for Copies of Public Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Copies of public records furnished to a
				person so requesting shall be provided at fees according to the following
				schedule.
B.
1. Charges for the first copy of any public
				records shall be at a minimum $0.25 per page for microfiche reproductions or
				paper copies up to 8 1/2 by 14 inches.
2. A two-sided copy shall be considered two
				pages.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 4 - Department of State › Section I-403 - Department of State Public Records Request

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department of State processes public
				records requests during regular business hours (Monday through Friday from 8
				a.m. to 4:30 p.m.) each business day. The department does not process requests
				on Saturdays, Sundays, or state holidays.
B. All requests shall be made in writing and
				may be made by completing a form that will be provided on the department's
				website. If the copies are to be certified, the person making the request
				should notify the department when making his request. Certified copies are not
				available when transmitting records via email, except for commercial
				records.
C. When submitting a
				request in writing or in-person, the requestor should use the following
				address: Department of State, Attention: Legal Division (Public Records
				Request), 8585 Archives Blvd., P. O. Box 94125, Baton Rouge, LA 70804-9125.
				Requests may also be made online by answering all of the questions provided on
				the form and submitting the request to the following email address:
				PublicRecordsRequest@sos.la.gov.
D.
				Every public records request shall provide a detailed description of the
				documents being requested. In addition, the requestor shall inform the
				department as to the format (i.e., hard copy, electronic copy, USB drive, CD,
				tape, etc.) to use when submitting the documents to the requestor. In addition,
				he must stipulate the delivery method (U.S postal service, express mail,
				electronic delivery, in-person, or fax) that will be used to submit documents
				to requestor.
E. After the
				department processes the request, an estimate of the costs will be submitted to
				the requestor utilizing the costs specified in
				§401 above plus
				the cost of delivery. All payments can be made utilizing a credit card (see
				§401.B.2 above for
				convenience fee), check, or money order. Once the department receives the funds
				from the requestor, the department will release the documents to the
				requestor.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  36:742,
				  R.S.
				  44:1 et seq., and
				  R.S.
				  49:222(A).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 4 - Department of State › Section I-405 - Louisiana State Archives Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All organizations wishing to rent facilities at the Louisiana State Archives
				building should review the Rental Policy and Damage Assessment Checklist, found
				on the department's website, and will be required to complete a Louisiana State
				Archives Event Registration Request Form. On the form, the organization will be
				required to acknowledge agreement with the indemnification provision specified
				on the form. The completed form should be mailed to the Louisiana Department of
				State, Archives Division, P.O. Box 94125, Baton Rouge, LA 70804-9125. The form
				may also be mailed to the Archives Division. If there are any questions, call
				the state archives facility at (225) 922-1000.
Item
Fee
Non-Profit Government Agency
After hours rental
$150.00
For Profit/Commercial
1/2 day rental
$125.00
Full day rental
$200.00
After hours rental
$400.00
Damage Assessment
$500.00
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  36:742,
				  R.S.
				  44:408, and
				  R.S.
				  49:222(A).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 5 - Incentive Award Program › Section I-503 - Submittal of Suggestions to Committees

Current through Register Vol. 50, No. 6, June 20, 2024
A. All applications must be submitted on the
				prescribed form. It is solely the responsibility of the suggester to fill out
				the form completely and accurately.
B. Before an application is formally
				submitted to an agency or state committee, the department secretary or the head
				of the agency shall sign the application form and list all participating
				employees from the agency. The committees shall rely on this application to
				determine employees eligible for an award recommendation. If an award
				recommendation is made, all participants shall be presumed to share the award
				equally.
C. To qualify for an
				incentive award recommendation, a suggestion must result in a cost savings or
				revenue generation.
D. The
				suggestion, upon submittal, shall become the exclusive property of the state of
				Louisiana.
E. All suggestions must
				be the suggester's idea and should not be the result of professional
				consultation or upon advice of others.
F. All suggestions shall be thoroughly
				documented and shall contain detailed information so that a cost-benefit
				analysis can be done to determine the cost savings or revenue generation. If
				the application does not contain sufficient information for such determination,
				a committee may require the suggester to submit supplemental information. If
				the suggester is unable or unwilling to submit the requested supplemental
				information, an agency or state committee may recommend that the application be
				declined.
G. All incentive award
				applications must be completed on the employee's off-duty time.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:366.1-39:366.6.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 5 - Incentive Award Program › Section I-505 - Evaluation of Suggestions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				receipt of an application, the agency or state committee or its staff shall
				review the submittal for completeness. If an application is complete, it shall
				be evaluated to determine if the suggestion is eligible for the program.
				Whenever the agency or state committee declines an application, the suggester
				shall be notified in writing.
B.
				Applications that are accepted by an agency or state committee shall be
				forwarded to the head of the agency affected by the suggestion for further
				documentation of the cost savings or revenue generation. The suggestion shall
				be sent to the head of the agency with a request for specific documentation.
				The department or agency head's evaluation must be returned within the
				time-frame established by the agency or state committee and must be in
				writing.
C. A committee shall make
				the final recommendation based on the information supplied it by its staff, the
				applicant, and agency head. The agency or state committee recommendation shall
				be final; however, the suggester may submit the same suggestion again if he/she
				believes the committee was incorrect in its recommendation.
D. Committee members shall evaluate each
				suggestion based on the following criteria:
Evaluation Category
Points
1.
Originality
0 to 10
2.
Transferability to other budget units or agencies
0 to 10
3.
Cost Savings or Revenue Generation
0 to 10
Points
$
0
-
4,999
1
5,000
-
14,999
2
15,000
-
29,999
3
30,000
-
49,999
4
50,000
-
74,999
5
75,000
-
104,999
6
105,000
-
139,999
7
140,000
-
179,999
8
180,000
-
224,999
9
225,000
-
10
E.
				Each committee member shall use the following evaluation form:
(File Number or Suggester Name)
______________
Pts.
Originality
______________
Transferability
______________
Savings/Revenue
______________
Total:
______________
______________
Signature of Committee Member
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:366.1-39:366.6.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 5 - Incentive Award Program › Section I-507 - Incentive Award Recommendations

Current through Register Vol. 50, No. 6, June 20, 2024
A. After
				a suggestion is evaluated, the committee members' evaluations shall be totaled
				and averaged and an award recommendation shall be made as follows.
Award Recommendation
Points
$ 200
4-8
250
9-10
500
11-13
750
14-16
1,000
17-19
$ 2,000
20-22
4,000
23-25
6,000
26-27
8,000
28-29
10,000
30
B.
				If a suggestion does not receive enough points for a cash award recommendation,
				but is, in the opinion of an agency or state committee, meritorious, the
				suggester(s) may be recommended for a certificate of special
				recognition.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:366.1-39:366.6.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 5 - Incentive Award Program › Section I-509 - Submission of Recommendations to the Louisiana Civil Service League

Current through Register Vol. 50, No. 6, June 20, 2024
A. After the state
				committee or an agency committee completes evaluation of a suggestion and
				determines that an award recommendation should be made, a copy of the
				application and all documentation of the impact of the suggestion should be
				forwarded to the Louisiana Civil Service League, 535 Gravier Building, Suite
				508, New Orleans, LA 70130. The Civil Service League shall review the
				suggestion and award recommendation and determine the final award. All award
				determinations made by the Louisiana Civil Service League are final.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:366.1-39:366.6.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 5 - Incentive Award Program › Section I-511 - Post Award Activity

Current through Register Vol. 50, No. 6, June 20, 2024
A. All files
				shall be maintained by the appropriate committee for a period of three years
				after closure in accordance with
				R.S.
				44:36. Suggesters may request to review these
				records. All scoring tabulations on which an award recommendation is based
				shall be maintained in the file.
B.
				After the file is closed the suggester will not be entitled to any further
				consideration for that suggestion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:366.1-39:366.6.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 5 - Incentive Award Program › Section I-513 - Miscellaneous

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any and all
				determinations made by the agency or State Employee Incentive Award Committee
				shall be final.
B. The State
				Employee Incentive Award Committee reserves the right to amend its rules. All
				suggestions shall be evaluated under the rules in effect at the time of
				submittal.
C. The agency and state
				committees reserve the right to modify a suggestion to provide the suggester a
				greater opportunity to have his or her suggestion receive a recommendation for
				an award.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.
				  39:366.139:366.6.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 7 - Implementation of Electronic Signatures in Global and National Commerce Act- P.L. 106-229 › Section I-701 - Short Title

Current through Register Vol. 50, No. 6, June 20, 2024
A. These procedures
				are in response to the Federal "Electronic Signatures in Global and National
				Commerce Act" (e-sign) effective October 1, 2000. E-sign applies only to the
				use of electronic records and signatures in interstate or foreign commerce.
				These rules may be referred to as the "E-Sign Rules."
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:4(c).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 7 - Implementation of Electronic Signatures in Global and National Commerce Act- P.L. 106-229 › Section I-703 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. State agency
				transactions that are not governed by the Electronic Signatures in Global and
				National Commerce Act, PL
				106-229, hereinafter referred to as the "e-sign,"
				are not subject to these procedures.
B. State agency transactions that have
				electronic record and signature technology procedures that have been
				established by statutory and/or regulatory authority approval and do not
				conflict with e-sign, shall remain in effect.
C. State agency transactions that have
				electronic record and signature technology procedures that have been
				established by statutory and/or regulatory authority approval with sections
				that are in conflict with e-sign, shall have all Sections of these procedures
				remain in effect that are not in conflict with e-sign.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:4(c).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 7 - Implementation of Electronic Signatures in Global and National Commerce Act- P.L. 106-229 › Section I-705 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section
				applies to all written electronic communications which are sent to a state
				agency over the Internet or other electronic network or by another means that
				is acceptable to the state agency, for which the identity of the sender or the
				contents of the message must be authenticated, and for which no prior agreement
				between the sender and the receiving state agency regarding message
				authentication existed as of the effective date of this Section. This Section
				does not apply to or supersede the use and expansion of existing systems which
				are not in conflict with the Federal "Electronic Signatures in Global and
				National Commerce Act":
1. for the receipt of
				electronically filed documents pursuant to applicable Louisiana statutory law
				and promulgated rules and regulations, where the purpose of the written
				electronic communication is to comply with statutory filing requirements and
				the receiving state agency or local government is not a party to the underlying
				transaction which is the subject of the communication; or
2. for the electronic approval of payment
				vouchers under rules adopted by the State Treasurer pursuant to applicable
				law.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 7 - Implementation of Electronic Signatures in Global and National Commerce Act- P.L. 106-229 › Section I-709 - Digital Signatures Must Be Created by an Acceptable Technology

Current through Register Vol. 50, No. 6, June 20, 2024
A. For a digital
				signature to be valid for use by a state agency, it must be created by a
				technology that is accepted for use by the Division of Administration pursuant
				to guidelines listed in
				§711 of this
				document.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:4(c).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 7 - Implementation of Electronic Signatures in Global and National Commerce Act- P.L. 106-229 › Section I-711 - Acceptable Technology

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				technology known as Public Key Cryptography is an acceptable technology for use
				by state agencies, provided that the digital signature is created consistent
				with the following.
1. A public key-based
				digital signature must be unique to the person using it. Such a signature may
				be considered unique to the person using it if:
a. the private key used to create the
				signature on the message is known only to the signer or, in the case of a
				role-based key, known only to the signer and an escrow agent acceptable to the
				signer and the state agency; and
b.
				the digital signature is created when a person runs a message through a one-way
				function, creating a message digest, then encrypting the resulting message
				digest using an asymmetric cryptosystem and the signer's private key;
				and
c. although not all digitally
				signed communications will require the signer to obtain a certificate, the
				signer is capable of being issued a certificate to certify that he or she
				controls the key pair used to create the signature; and
d. it is computationally infeasible to derive
				the private key from knowledge of the public key.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 7 - Implementation of Electronic Signatures in Global and National Commerce Act- P.L. 106-229 › Section I-713 - Provisions for Adding New Technologies to the List of Acceptable Technologies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person may,
				by providing a written request that includes a full explanation of a proposed
				technology which meets the requirements of
				§709 in this rule,
				petition the Division of Administration to review the technology. If the
				Division of Administration determines that the technology is acceptable for use
				by state agencies, the Division of Administration shall draft proposed
				administrative rules which would add the proposed technology to the list of
				acceptable technologies in
				§711 of this
				rule.
B. The Division of
				Administration has 90 days from the date of the request to review the petition
				and either accept or deny it. If the Division of Administration does not
				approve the request within 90 days, the petitioner's request shall be
				considered denied. If the Division of Administration denies the petition, it
				shall notify the petitioner in writing of the reasons for denial.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:4(c).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 8 - Disability Accommodations for Open Meetings › Section I-801 - Accommodations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The federal
				Americans with Disabilities Act (ADA) requires state agencies to provide
				accommodations to ensure people with disabilities have an equal opportunity to
				benefit from its programs, services, and activities.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 393 of the 2023 Regular Session of the
				  Louisiana Legislature.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 8 - Disability Accommodations for Open Meetings › Section I-803 - Agency Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S.
				46:2593(1), the Office of
				the State Americans with Disabilities Act Coordinator requires each executive
				branch state agency, except those listed in
				R.S.
				42:17.2(I), to provide
				accommodations, upon request, to people with disabilities to participate via
				teleconference or video conference in the agency's open meetings.
B. Agencies listed in
				R.S.
				42:17.2(I) shall provide
				accommodations, upon request, to people with disabilities to facilitate their
				in-person participation in the agency's open meetings. Examples of such
				accommodations may include, but are not limited to, providing an interpreter or
				assisted listening device, or ensuring the meeting is held in a location that
				adheres to the ADA's Standards for Accessible Design.
C. People with disabilities are defined as
				any of the following:
1. a member of the
				public with an ADA-qualifying disability;
2. the designated caregiver of such a person;
				or
3. a participant member of the
				agency with an ADA-qualifying disability.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part I - General Provisions › Chapter 8 - Disability Accommodations for Open Meetings › Section I-805 - Agency Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of
				an accommodation request, an executive branch state agency may only ask if the
				requestor has an ADA-qualifying disability or is a caregiver of such a person
				(yes or no). Agencies may not require the requestor to complete a medical
				inquiry form or disclose the actual impairment or medical condition to support
				a disability accommodation request.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 393 of the 2023 Regular Session of the
				  Louisiana Legislature.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 1 - Payroll Deductions › Section III-102 - Deduction Rule Authority/Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. OSUP is responsible for the administration
				of the rules governing state employee payroll deductions. Products that are
				authorized through OSUP are for all state employees and all state agencies of
				the executive branch of state government as defined under
				R.S.
				36:4. There are two exceptions to this.
1. Governing boards of higher education
				facilities have the authority to approve additional products or remove any
				product per the boards' established policies.
a. Vendors approved by governing boards must
				follow the governing boards policy and procedures for renewal and new
				application submission.
b. Each
				governing board shall provide a report relative to vendors currently approved
				for deductions within each system as well as any additional information as
				requested by OSUP.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 1 - Payroll Deductions › Section III-103 - Employee Payroll Benefits Committee (EPBC)

Current through Register Vol. 50, No. 6, June 20, 2024
A. A committee comprised of 12 nominated and
				3 ex-officio state employees of the departments of the executive branch of
				state government or the Office of the Governor, as defined under
				R.S.
				36:4, and may include a representative from
				higher education, established by the commissioner of administration to fulfill
				the requirements of
				§106 and
				§112 of this
				Rule. Ex-officio members shall be: director or assistant director of OSUP, a
				designee of the commissioner of insurance, and a representative from the Office
				of Group Benefits. Ex-officio members shall be non-voting members.
B. The EPBC was established in 1996 by the
				Uniform Payroll System Payroll Steering Committee. Original members served
				staggered terms as follows:
1. 4 members,
				one-year term;
2. 4 members,
				two-year term; and
3. 4 members,
				three-year term.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 1 - Payroll Deductions › Section III-112 - Statewide Vendor Requests for Enhancements/Changes to Products

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requests for
				enhancements to existing statewide vendor products, policies or service plans
				must be submitted to OSUP for review and approval by April 1 and October 1
				annually.
1. Enhancements to policies occur
				when:
a. a vendor requests to broaden an
				existing, solicited policy's benefits/coverage;
b. a vendor requests the existing, solicited
				policy to be replaced by the enhanced policy;
c. the vendor stops soliciting the existing
				policy;
d. current policyholders
				may choose to keep the existing policy or convert to the enhanced policy;
				and
e. new policyholders must
				purchase the enhanced policy.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 1 - Payroll Deductions › Section III-114 - Statewide Vendor Requirements and Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any statewide vendor applicant for
				deduction, domestic or foreign, regulated by the Department of Insurance shall
				meet the minimum requirements set forth in
				R.S.
				42:455.
B. Statewide vendor applicants for deductions
				not regulated by the Department of Insurance shall:
1. possess appropriate license or other
				required certification for providing the particular product or service for a
				fee;
2. have been doing business in
				this state for not less than five years providing the product and/or services
				anticipated to be offered state employees;
3. be in compliance with all requirements of
				any regulatory and/or supervisory office or board charged with such
				responsibility by state statute or federal regulations;
4. provide to the Commissioner of
				Administration within 30 days of approval an irrevocable letter of credit in
				the amount of $100,000, or an irrevocable pledge of a certificate of deposit in
				the amount of $100,000 to protect the state and any officer or employee from
				loss arising out of participation in the program or plan offered by the
				vendor.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 1 - Payroll Deductions › Section III-115 - Temporary Extension of Time Period to Meet the Minimum Participation Level for Certain Approved Statewide Vendors

Current through Register Vol. 50, No. 6, June 20, 2024
A. The COVID-19 pandemic limited access to
				state buildings and state employees which prevented vendors from meeting the
				minimum required participation by the deadline. Therefore, temporary changes
				are required to allow vendors the opportunity to meet the required
				participation.
B.Section
				114.C.3 of
				this Part regarding the attainment of participation levels is temporarily
				modified as follows.
1. Only statewide vendors
				who were approved to sell new products on July 1, 2020 will be allowed 24
				months after initial product approval to meet the participation level
				requirements.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 1 - Payroll Deductions › Section III-119 - Rule Transition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				statewide vendor receiving payment through payroll deduction on the effective
				date of this rule shall continue to be approved as a vendor until the next
				annual renewal process if requirements of
				§
										114 are met.
B. Statewide vendors currently participating
				in deductions which do not meet the minimum participation requirements set
				forth in §
										114.
				C.3 of this rule by December 31, 2005 will be
				denied deduction privileges.
C.
				Entities which have submitted requests for consideration of deduction
				participation shall not be exempted from compliance with any part of this
				rule.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:455.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 1 - Payroll Deductions › Section III-122 - Statutory and Intra-Agency Vendor Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Statutory vendors must:
1. provide data such as vendor contact
				information to OSUP upon request; and
2. upon request, submit to OSUP for approval
				their deduction authorization agreement (format and content).
a. Employee authorization agreements shall
				not stipulate any "contract" or "term of participation" requirements. However,
				employees may designate a 'cap' or annual maximum for a charitable organization
				deduction authorized by
				R.S.
				42:456.
b. If employee electronic authorization is
				approved by OSUP, the vendor will be responsible for retaining for audit
				purposes authorized agreements with employees.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 1 - Payroll Deductions › Section III-127 - Department/Agency Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Department head or his designee shall:
1.
				approve or reject requests for solicitation authorization presented only by
				designated coordinators of approved statewide vendors;
2. confirm with the vendor administrative
				coordinator (and/or Louisiana Department of Insurance when applicable) the
				credentials of any vendor agent not represented to the department by the vendor
				administrative coordinator;
3.
				provide vendor administrative coordinators a copy of department/agency policy
				relative to receipt, processing, and cancellation of payroll deduction forms,
				as well as guidelines prior to permitting access to employees;
4. certify the use of any intra-agency
				deduction, to collect funds from employees for meals, housing, uniforms, etc.,
				is required by and is a benefit to the agency/department; and
5. provide support for participation of
				selected EPBC members.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 1 - Payroll Deductions › Section III-131 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Data,
				information, reports, or any other services provided to any vendor or any other
				party by the LaGov HCM payroll system or other state payroll system may be
				subject to payment of a fee for the cost of providing said data, information,
				reports, and/or services in accordance with the Uniform Fee Schedule
				established by Rule promulgated by the DOA under
				R.S.
				42:458.
B. Fees assessed shall be satisfied in
				advance of receipt of the requested data.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:455.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 1 - Payroll Deductions › Section III-137 - Appeal Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any vendor
				and/or any vendor representative participating in deduction debarred from
				participating for any reason by a department/agency or OSUP shall have the
				right to have that action reviewed by filing a written request for review with
				the department head of the department/agency. This request for review shall be
				filed within 10 days from the notice of debarment.
B. A written decision shall be rendered on
				any request for review within 14 days of receipt.
C. Any vendor and/or vendor representative
				who is not satisfied with this decision has the right to appeal to the
				Commissioner of Administration. Any such appeal must be in writing and received
				by the Commissioner of Administration within 10 days of receipt by the vendor.
				The Commissioner of Administration shall issue a written decision on the matter
				within 14 days of receipt of the written appeal.
D. The decision of the Commissioner of
				Administration shall be the final administrative review.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:455.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 1 - Payroll Deductions › Section III-139 - SED-3 (01/06)

Current through Register Vol. 50, No. 6, June 20, 2024
DEPARTMENT REQUEST
FOR
PAYROLL DEDUCTION VENDOR
In accordance with the rule governing payroll deductions,
				  Title 4 (Chapter 1,
				  §106.
				  D.2 d),
I,_________________________________________________,________________________________________,
				  on behalf of the
NAME (Print) TITLE
employees of
				  ________________________________________________________________________________,
				  hereby request
DEPARTMENT
favorable consideration of a payroll deduction application
				  submitted by:
A.
				____________________________________________________
APPLICANT/VENDOR NAME
____________________________________________________
ADDRESS
____________________________________________________
CITY/STATE/ZIP
____________________________________________________
AGENT/REPRESENTATIVE
____________________________________________________
PHONE (Area/Number/Extension)
To offer:
B.(PRODUCT/SERVICE)
Section 125 Eligible
______________________________________________ Yes [__] No
				  [__]
______________________________________________
______________________________________________
______________________________________________
I further certify that the above named company applicant has
				  provided evidence of having met and/or exceeded all requirement of
				  R.S.
				  42:455; has knowledge of the requirements of
				  the rule governing payroll deductions; and that this department/agency attests
				  that this product/service would be a benefit for employees of this
				  department/agency.
Department ____________________________________
Signature ______________________________________
Title _________________________________________
Date
				  __________________________________________
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:455.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part III - Payroll › Chapter 3 - Direct Deposit of Employee Pay › Section III-303 - Direct Deposit of Employee Pay

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Beginning July 1, 2002, all employees paid through the ISIS Human Resource
				System are required to receive wage and compensation payments via direct
				deposit through the Automated Clearing House (ACH). Employees must complete an
				approved direct deposit enrollment authorization form to establish direct
				deposit of net pay to the employee's primary bank account at an approved
				financial institution. Employees may choose to send, via direct deposit, a
				fixed dollar amount or a percentage of net pay to a secondary bank account by
				completing an approved direct deposit enrollment authorization form for a
				secondary account. These forms can be obtained from the employee administration
				office of the employing agency. Completed forms must be forwarded to the
				employee administration office of the employing agency.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:247.