reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 29 - Travel in State-Owned Aircraft-PPM Number 67 › Subchapter G - Waiver of Provisions › Section V-2931 - Authority of Commissioner of Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Commissioner of Administration may
				  waive, in writing, any provision of these regulations when the best interest of
				  the state will be served. Such waiver shall be based upon adequate written
				  documentation from the requesting agency. The request from the agency must be
				  received by the commissioner at least seven working days prior to the
				  anticipated date of the travel, and must contain full particulars on the
				  specific exception requested, including the name(s) of affected traveler(s),
				  date of travel, purpose of travel, and an explanation of how the requested
				  exception will serve the best interest of the state. Late or after-the-fact
				  requests shall not be considered, except under the most unusual of
				  circumstances.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:231.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 31 - Revenue and Expenditure Accounting-PPM Number 68 › Section V-3101 - Authorization

Current through Register Vol. 50, No. 6, June 20, 2024
A. Title 39,
				Section 91: Uniform System of Accounting. The Commissioner of Administration
				shall, under authority of the governor and consistent with the provisions of
				this Chapter, prescribe and cause to be installed and maintained a uniform
				system of accounting in all state agencies. Should the legislative auditor find
				that these accounting procedures do not adequately reflect the financial
				activities of the state agencies, he shall so advise the legislature at its
				next regular session in a detailed report outlining said
				inadequacies.
B. Title 39, Section
				92: Fiscal Reporting. Within six months after the close of each fiscal year,
				the Commissioner of Administration shall cause to be prepared a comprehensive
				annual financial report containing those financial statements, including notes
				thereto, which are necessary for a fair presentation of the financial position
				and results of operations of the state in conformity with generally accepted
				accounting principles.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:91,
				  R.S.
				  39:92.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 31 - Revenue and Expenditure Accounting-PPM Number 68 › Section V-3103 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to the
				above authority, it is hereby ordered that all boards, commissions,
				departments, agencies, institutions, and offices within the Executive branch of
				state government shall abide by the following financial reporting procedures,
				except where specific authority has been granted in writing by the Commissioner
				of Administration.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:91,
				  R.S.
				  39:92.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 31 - Revenue and Expenditure Accounting-PPM Number 68 › Section V-3105 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this policy and procedure memorandum is to establish criteria to be applied in
				the accrual of revenues and expenditures for governmental fund types of the
				general and special revenue nature for financial reporting purposes in
				accordance with generally accepted accounting and financial reporting
				principles. As of the effective date of this memorandum all boards,
				commissions, departments, agencies, institutions, and offices within the
				executive branch of state government shall report financial activity on a
				modified accrual accounting basis as described herein.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:91,
				  R.S.
				  39:92.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 31 - Revenue and Expenditure Accounting-PPM Number 68 › Section V-3107 - Revenues

Current through Register Vol. 50, No. 6, June 20, 2024
A. Revenues
				associated with the economic activity of a particular fiscal year must be
				recognized (accrued) and reported in that fiscal year:
1. when the revenues are collected during the
				fiscal year to which they are associated; or
2. when the revenues are collected within 45
				days after the end of the fiscal year to which they are associated.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 31 - Revenue and Expenditure Accounting-PPM Number 68 › Section V-3109 - Expenditures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Expenditures,
				with the exception of payroll and payroll-related items, shall be recognized in
				the fiscal year in which the liability for the expenditure was incurred.
				Payroll and payroll-related expenditures shall remain on the appropriated
				basis.
B. Obligations outstanding
				at the end of a fiscal year must be separated so there is a clear distinction
				between encumbrances and accounts payable.
C. Encumbrances are defined as obligations
				for which the state is committed, but for which goods and/or services have not
				yet been received or rendered and accepted. An encumbrance becomes a liability
				when the goods are received and accepted or the services are rendered in
				accordance with terms of the service agreement or contract.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:91,
				  R.S.
				  39:92.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 31 - Revenue and Expenditure Accounting-PPM Number 68 › Section V-3111 - Requests for Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				questions concerning this memorandum should be directed to the State Accounting
				Office of the Division of Administration, Box 44095, Baton Rouge, LA
				70804.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:91,
				  R.S.
				  39:92.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 33 - Unemployment Compensation-PPM Number 69 › Section V-3301 - Payment of Unemployment Compensation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Expenditures occasioned as a result of the
				payment of unemployment compensation liabilities by state agencies will be paid
				from the appropriate source of funding. More specifically, charges attributable
				to compensation paid from non-general-fund sources will not be proper charges
				against general fund direct appropriations.
B. The unemployment compensation reporting
				units, in making the unemployment compensation reimbursement payments, shall
				make such payments from the same source(s) of funding as the ex-employer
				claimant had been paid while employed by the state.
C. Therefore, all unemployment compensation
				claims arising as a result of separation from state employment of employees
				funded from dedicated revenues, self-generated revenues, federal funds,
				interagency transfers, ancillary funds, endowments, and other non-state general
				fund sources, shall be paid from such sources in the manner prescribed by the
				Commissioner of Administration.
AUTHORITY NOTE:
				  Promulgated in accordance with Title 39, Section 4 of the R.S. of
				  1950.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 41 - Taxable Compensation-PPM Number 73 › Section V-4101 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this memorandum is to establish a policy for the reporting of all taxable
				compensation provided to employees, withholding of applicable amounts to meet
				the employee's tax liability associated with the taxable compensation, to
				provide guidelines for establishing a value for taxable compensation, and to
				provide guidelines for inclusion or exclusion of fringe benefits as taxable
				compensation.
B. All boards,
				commissions, departments, agencies, institutions, and offices of the executive
				branch of state government shall comply with this memorandum.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:78 and Executive Order Number
				  85-52.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 41 - Taxable Compensation-PPM Number 73 › Section V-4103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
				this memorandum the following definitions shall apply.
Compensation
- includes wages, salaries,
				  bonuses, tips, commissions, fringe benefits, termination or severance pay,
				  commission, per diem, and any and all similar items.
Fair Market Value (FMV)
- that amount of
				  compensation that would be paid between unrelated third parties to obtain a
				  service or benefit.
Fringe Benefits
- meals, lodging,
				  allowances, vehicle personal usage, moving expenses, etc.
Inkind
- noncash compensation, may include
				  meals, lodging, vehicle personal use, moving expenses, etc.
Reimbursed Expenses
- items of expenditure
				  incurred by an employee in the performance of his job.
Tax Liability
- includes federal and state
				  tax withholding, FICA and Medicaid withholding, and any penalty or interest
				  payment due as a result of noncompliance.
Taxable Compensation
- all compensation
				  items not excludable as income under a specific IRS Code
				  Section.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:78 and Executive Order Number
				  85-52.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 41 - Taxable Compensation-PPM Number 73 › Section V-4105 - Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be the
				policy of the state of Louisiana to report all taxable compensation and
				withhold all applicable taxes for such compensation as required by the Internal
				Revenue Code on each scheduled pay period.
B. Effective July 1, 1989 for calendar year
				1989 and for each calendar year thereafter, all taxable compensation shall be
				reported and a withhold of applicable taxes shall be processed each pay period.
				For the period of January 1, 1989 through June 30, 1989 all taxable
				compensation not reported on a pay period basis shall be included on the
				employee's Form W-2 Wage and Tax Statement for calendar year 1989.
C. Applicable taxes for taxable compensation
				received in the form of cash during the period of January 1, 1989 through June
				30, 1989 must be withheld during calendar year 1989.
D. Values for state owned housing taxable to
				the employee should be based on the values provided by the Office of Statewide
				Reporting and Accounting Policy. Agencies must also include the value of
				utilities, such as electricity, gas, water and sewerage service, as these costs
				are not included in the values provided by the Office of Statewide Reporting
				and Accounting Policy.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:78 and Executive Order Number
				  85-52.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 41 - Taxable Compensation-PPM Number 73 › Section V-4107 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				board, commission, department, agency, institution or office must develop a
				plan each calendar year delineating those conditions under which an employee
				shall receive any compensation other than salary, wages, per diem for board
				members and those benefits provided by the State Employees' Group Benefits
				Program and the various retirement systems. The plan must include the specific
				employee receiving compensation, the valuation method of the compensation, the
				value of the compensation and any reason the compensation is partially or fully
				nontaxable to the employee. Such plan shall be submitted for approval to the
				Commissioner of Administration by February 1, each calendar year for the
				immediately preceding calendar year.
B. Department heads who fail to adequately
				value, report, or withhold applicable taxes for compensation provided employees
				shall be responsible for payment of any tax liability from the avails of the
				respective budget units appropriations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:78 and Executive Order Number
				  85-52.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 41 - Taxable Compensation-PPM Number 73 › Section V-4109 - Reimbursed Expenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Payments to
				employees in accordance with General Travel Regulations-PPM Number 49 for
				reimbursement of actual business travel expenses shall be treated as a
				noncompensation item.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:78 and Executive Order Number
				  85-52.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 41 - Taxable Compensation-PPM Number 73 › Section V-4111 - Employment Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purpose
				of computing taxable compensation, the provisions of an employment contract, or
				state law fixing the terms of employment cannot be considered in determining if
				fringe benefits are intended as compensation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:78 and Executive Order Number
				  85-52.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 41 - Taxable Compensation-PPM Number 73 › Section V-4113 - Valuation Method

Current through Register Vol. 50, No. 6, June 20, 2024
A. The general
				valuation rule will be FMV. Taxable cash compensation items, regardless of
				source, are to be reported and withheld at the dollar value paid. Taxable
				inkind noncash compensation, including fringe benefits, are to be included at
				FMV of the property transferred, excluding any payment offsets at the time of
				the transfer, unless excluded or adjusted under a specific Internal Revenue
				Code Section. There is no taxable compensation if the employee pays 100 percent
				of the FMV of the benefit.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:78 and Executive Order Number
				  85-52.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 41 - Taxable Compensation-PPM Number 73 › Section V-4115 - Evaluation Tests for Exclusion from Taxable Compensation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The general rules of evaluation to be used
				in determining if and when a fringe benefit is exempt from inclusion as taxable
				compensation are as follows.
1. Meals
a. The value of meals furnished to an
				employee by and on behalf of the state will be excludable from the employee's
				gross compensation if two tests are met:
i.
				the meals are furnished on the premises of the employer; and
ii. the meals are furnished for the
				convenience of the employer.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 41 - Taxable Compensation-PPM Number 73 › Section V-4117 - Parking-Taxable Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Energy
				Policy Act of 1992 amended the Internal Revenue Code provisions on taxing
				employer provided transportation benefits. Under these provisions, employer
				provided parking in a public parking facility valued up to $175 per month may
				be excluded from taxable income. Any amounts of $175 or higher must be
				considered taxable fringes and are to be included in taxable income, unless the
				employee pays amounts in excess of the $175 per month.
B. The value of the parking cost is to be
				based on the cost an employee would incur in an arm's-length transaction to
				obtain parking at the same site. If this cost cannot be determined, value
				should be based on the cost incurred in an arm's-length transaction to obtain
				other space in the same lot or a comparable lot in the same general
				area.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:78 and Executive Order Number
				  85-52.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 47 - Attorney Case Handling Guidelines and Billing Procedures - PPM Number 50 › Section V-4701 - Goal

Current through Register Vol. 50, No. 6, June 20, 2024
A. For executive
				branch agencies that hire attorneys under professional services contracts
				controlled by Chapter 16 of Title 39 of the Louisiana Revised Statutes
				(controlled by Chapter 17 of Title 39 commencing January 1, 2015), the
				Commissioner of Administration and the Division of Administration (DOA) expects
				to work with those agencies to hire and to retain attorneys in an efficient and
				cost conscious manner consistent with ethical obligations. Nothing contained
				herein is intended to restrict an agency or its contract counsel's exercise of
				professional judgment in rendering legal services. Contract counsel bears
				ultimate responsibility for all work performed pursuant to the contract and/or
				billed to the file.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:258 and
				  R.S.
				  39:1490(A); Act 864 of 2014
				  Regular Legislative Session.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 47 - Attorney Case Handling Guidelines and Billing Procedures - PPM Number 50 › Section V-4702 - Authorization and Legal Basis

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				accordance with
				R.S.
				39:1490(A) which authorizes
				the Office of Contractual Review (Office of State Procurement commencing
				January 1, 2015) to consider and decide all matters of policy relative to
				professional, personal, consulting and social services, and which mandates the
				periodic audit and review, implementation of rules and regulations, and policy
				determinations regarding professional, personal, consulting and social services
				contracts, notice is hereby given as to the establishment and implementation of
				Policy and Procedure Memorandum No. 50 - Attorney Case Handling Guidelines and
				Billing Procedures.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1490(A); Act 864 of 2014
				  Regular Legislative Session.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 47 - Attorney Case Handling Guidelines and Billing Procedures - PPM Number 50 › Section V-4705 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. This policy
				shall apply to all new contracts by reference entered into on or after
				September 20, 2014, and shall remain in existence after January 1, 2015, when
				the Office of Contractual review is merged into the Office of State
				Procurement.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1490(A) and Act 864 of
				  2014 Regular Legislative Session.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 47 - Attorney Case Handling Guidelines and Billing Procedures - PPM Number 50 › Section V-4707 - Notice to Agencies Regarding Electronic Billing Platforms

Current through Register Vol. 50, No. 6, June 20, 2024
A. The DOA is
				currently conducting a pilot program regarding a web-based electronic billing
				platform for the submission and review of attorney bills by executive branch
				agencies. Until the pilot program is concluded, no executive branch agency at
				the department level shall pursue or issue a contract for a new electronic
				billing platform for attorney services, and shall not extend any existing
				contract for such a platform, without the approval of the Office of Contractual
				Review and the Office of State Purchasing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1561(B) and
				  R.S.
				  39:1490(A).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 49 - Rebate Schedule for Cooperative Purchasing PPM Number 54 › Section V-4901 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S.
				39:1706(C) and (D), the
				chief procurement officer for the State of Louisiana may provide information
				and technical services to facilitate the cooperative use of sponsored state
				contracts made available for use by Louisiana's parishes, cities, towns,
				governmental bodies and any other subdivision of the state or public agency,
				public authority, public educational, health or other institution and to the
				extent provided by law, any other entity which expends public funds for the
				acquisition or leasing of supplies, services, major repairs and construction,
				including any nonprofit corporation operating a charity hospital. Pursuant to
				R.S.
				39:1706(E), the chief
				procurement officer may enter into contractual arrangements and publish a
				schedule of fees for the services provided under subsections (C) and (D) of
				R.S.
				39:1706.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:4 and
				  R.S.
				  39:1706(C) and
				  (D).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 49 - Rebate Schedule for Cooperative Purchasing PPM Number 54 › Section V-4903 - Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. As part of all
				cooperative contracts it shall be the policy of the Office of State Procurement
				to provide information services and technical services to facilitate their use
				statewide and to recoup those costs as authorized under
				R.S.
				39:1706(E) by contracting
				directly with vendors to recover same in the form of a rebate from aggregate
				gross sales under the contract. The following rebate and remittance schedule
				should be included in all cooperative contracts where services are provided
				pursuant to title 39, sections 1706(C) and (D) by the central purchasing agency
				of the Office of State Procurement in support of cooperative purchases.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:4 and
				  R.S.
				  39:1706(C) and
				  (D).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 49 - Rebate Schedule for Cooperative Purchasing PPM Number 54 › Section V-4905 - Remittance Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rebate
				shall be contractual and shall be negotiated, and shall be a minimum of 1
				percent of a vendor's gross aggregate sales under its state-wide contract
				unless agreed to otherwise. The rebate should be remitted by the vendor to the
				Office of State Procurement in accordance with this remittance schedule.
Remittance Schedule
Fiscal Year 2016: Rebate to be a minimum of 1% of
							 gross sales under statewide cooperative contracts
Fiscal Quarters
Months
Vendor's Due Date
Quarter 1
July 1st-September
							 30th
October 31st
Quarter 2
October 1st-December
							 31*
January 31st
Quarter 3
January 1*-March31*
April 30th
Quarter 4
April 1st-June
							 30th
July 31st
---
---
15 Calendar Days
Following the Termination of the Contract for any
							 reason
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:4 and
				  R.S.
				  39:1706(C) and
				  (D).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 49 - Rebate Schedule for Cooperative Purchasing PPM Number 54 › Section V-4907 - Waiver

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing in this
				policy shall prevent the Office of State Procurement from waiving the rebate
				where the best interests of the state are served or from devising and
				contracting for additional or alternate methods of recouping costs associated
				with cooperative purchasing opportunities.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:4 and
				  R.S.
				  39:1706(C) and
				  (D).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 51 - Professional and Social Services Categories-PPM Number 55 › Section V-5101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under
				R.S.
				39:1561 the Commissioner is granted broad
				authority and responsibility to consider and decide matters of policy under the
				Procurement Code. Pursuant to
				R.S.
				39:1556(42) the chief
				procurement officer for the state of Louisiana may add to the enumerated
				occupations or services under the categories of "professionals." Under
				R.S.
				39:1619 the enumerated categories of "social
				services" are not limited, but may be increased.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1561,
				  R.S.
				  39:1556(42), and
				  R.S.
				  39:1619.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 51 - Professional and Social Services Categories-PPM Number 55 › Section V-5103 - Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. To respond to
				the needs of state agencies, it shall be the policy of the Office of State
				Procurement to regularly review and to supplement the professions, occupations
				and services covered under
				R.S.
				39:1556 (Professional Services) and
				R.S.
				39:1619 (Social Services) in order to ensure
				that needed services are being procured in the most effective manner possible.
				Any addition of professional services or social services under this Chapter
				shall be added to the Tables Appendix in
				§5109 of this
				Chapter and shall be published in the Louisiana Register. Any contract entered
				into between an agency and a person providing professional or social services
				listed herein must fully comply with any and all other requirements under the
				Procurement Code.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1561,
				  R.S.
				  39:1556(42), and
				  R.S.
				  39:1619.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 51 - Professional and Social Services Categories-PPM Number 55 › Section V-5105 - Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Professional
				Services. An agency head may present a request to the state chief procurement
				officer to classify an independent contractor who has a professed knowledge of
				a department of learning or science used by its practical application to the
				affairs of others or in the practice of an art founded on it, as a professional
				in addition to those professions listed in
				R.S.
				39:1556(42). Upon a showing
				that the profession advocated is a vocation founded upon prolonged and
				specialized intellectual training which enables particular service to be
				rendered, and that such professed attainments in special knowledge are
				distinguishable from mere skill, the state chief procurement officer may
				define, classify and add the profession to a table of professions which are
				exempt from competitive solicitation.
B. Social Services
1. An agency head may present a request to
				the state chief procurement officer to enumerate additional services other than
				those enumerated in
				R.S.
				39:1619 which shall qualify as social
				services under the following categories:
a.
				rehabilitation and health support services;
b. habilitation and socialization
				services;
c. protection for adults
				and children services;
d.
				improvement of living conditions and health services; and
e. evaluation, testing, and remedial
				educational services (for exceptional nonpublic school students with
				disabilities).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 51 - Professional and Social Services Categories-PPM Number 55 › Section V-5107 - Removal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once added,
				nothing in this policy or in these procedures shall prevent the Office of State
				Procurement from removing a professional or social service from the Tables
				Appendix if it is deemed in the best interests of the state to do so. Once
				removed, a professional or social service shall not be restored without
				following the procedures in
				§5105
				above.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1561,
				  R.S.
				  39:1556(42), and
				  R.S.
				  39:1619.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 51 - Professional and Social Services Categories-PPM Number 55 › Section V-5109 - Tables Appendix

Current through Register Vol. 50, No. 6, June 20, 2024
A. Professional
				Services
Table of Professional Services
The following services shall supplement those
							 listed in R.S.
							 39:1556(42).
Service
Effective Date
Licensed chiropractors
January 1, 2017
B.
				Social Services
Table of Social Services
The following services shall supplement those
							 listed in R.S. 39:1619.
Service
Effective Date
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1561,
				  R.S.
				  39:1556(42), and
				  R.S.
				  39:1619.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 53 - Delegated Procurement Authority; Standard and Special Delegations-PPM Number 56 › Section V-5301 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S.
				39:1566, the Chief Procurement Officer for
				the State of Louisiana may delegate authority to governmental bodies within the
				limitations of law and the states procurement regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1566.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 53 - Delegated Procurement Authority; Standard and Special Delegations-PPM Number 56 › Section V-5303 - Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. To respond to
				the needs of state agencies, as well as for auditing purposes and for
				programming purposes in the States LaGov SRM system, it shall be the policy of
				the Office of State Procurement to delegate to all agencies which are subject
				to the provisions of the Louisiana Procurement Code the authority to purchase,
				procure and to contract up to maximum limits by assigning to each Delegated
				Procurement Authority ("DPA").
1. DPA refers
				to the maximum amount an agency may purchase, procure or contract for without
				utilizing the services of, or having to seek preapproval from, the Office of
				State Procurement.
2. Any agency
				that acts under a DPA extended by the Office of State Procurement is
				responsible for ensuring that any purchase or contract fully complies with all
				applicable requirements under the Procurement Code, rules and applicable OSP
				policy, including, but not limited to:
a. any
				and all requirements to seek approval to use a Request for Proposals (RFP)
				solicitation before it is issued or to seek approval from a Procurement Support
				Team where applicable;
b. any and
				all requirements to solicit quotes, to competitively bid or to seek competitive
				proposals, or to post solicitations to the States electronic vendor
				notification system;
c. any and all
				requirements to report contracts, including sole source and emergency
				contracts, to the Office of State Procurement, the Joint Legislative Committee
				on the Budget and the Louisiana Legislative Auditor as may be applicable;
				and
d. any and all requirements to
				seek ratification of purchases or contracts that do not comply with
				law.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 53 - Delegated Procurement Authority; Standard and Special Delegations-PPM Number 56 › Section V-5305 - Standard Delegation of Procurement Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Standard DPA -Purchases
1. Unless otherwise notified, any agency may
				purchase a single supply or service up to a maximum of $5000 without obtaining
				preapproval from, or having to utilize the services of, the Office of State
				Procurement. An agency may exceed the Standard DPA assigned to it for purchases
				by up to 10 percent without preapproval where the original cost estimate did
				not exceed $5000. An agency shall report each instance where it has exceeded
				its Standard DPA for purchases prior to paying the invoice.
2. To the extent allowed under the Louisiana
				Procurement Code, an in situation of higher education, including community and
				technical colleges, are not required to obtain preapproval from, or utilize the
				services of, the Office of State Procurement for the purchase of supplies or
				services unless such supplies or services are obtained through the Request for
				Proposal Process.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 53 - Delegated Procurement Authority; Standard and Special Delegations-PPM Number 56 › Section V-5307 - Special Delegation of Procurement Authority; Master List of Special DPAs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Special DPA. A
				DPA set by the Office of State Procurement above the Standard DPA for purchases
				and/or contracts, or a DPA set below the Standard DPA for purchases and/or
				contracts, shall be referred to as a "Special DPA."
1. An agency or department head may present a
				request to the State Chief Procurement Officer for a special DPA under the
				categories of "purchases" and/or "contracts" or for specific items or
				categories of purchases or contracts.
2. Additionally, the State Chief Procurement
				Officer may take the initiative to assign a special DPA by increasing or
				decreasing an agencys or departments existing purchases DPA or contracts DPA to
				a level above (or below) the standard DPA.
3. Any special DPA may place additional or
				specific allowances or conditions upon purchasing or contracting by an
				agency.
4. Wherever a special DPA
				has been set for purchases, an agency may exceed its Special DPA by up to 10
				percent without preapproval where the original cost estimate obtained did not
				exceed the special DPA. An agency shall report each instance where it has
				exceeded its Special DPA for purchases prior to paying the invoice.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 53 - Delegated Procurement Authority; Standard and Special Delegations-PPM Number 56 › Section V-5309 - Reduction or Suspension of DPA; Additional Restrictions or Allowances; Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing in this
				policy shall prevent the Office of State Procurement from assigning a special
				DPA to an agency, or increasing an agencys existing special DPA, in advance of
				or during emergencies; lowering, reducing or suspending an agencys DPA at any
				time in whole or in part; or removing an agencys or departments DPA altogether,
				when the State Chief Procurement Officer determines that it is in the best
				interests of the State to do so.
B.
				Nothing in this policy shall prevent the Office of State Procurement from
				placing specific restrictions or providing for special allowances on an
				individual or on specific categories of purchases, procurements or
				contracts.
C. Nothing in this
				policy shall prevent the Office of State Procurement from increasing or
				decreasing the Standard DPA by amending this policy.
D. This policy shall take effect on January
				1, 2016.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1566.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 59 - Procurement Preferences; Application-PPM Number 59 › Section V-5901 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S.
				39:1551 et seq., the Office of State
				Procurement is required to provide for certain preferences in the solicitation
				of products by state agencies and by local government buying off of statewide
				cooperative contracts.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1561 and
				  39:1564.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 59 - Procurement Preferences; Application-PPM Number 59 › Section V-5903 - Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. To provide
				notification to vendors and to state and local government agencies, as well as
				for auditing purposes, it shall be the policy of the Office of State
				Procurement to list, as far as is practicable, all product preferences in this
				PPM, and to apply those preferences where applicable in all matters solicited
				through this office or under its authority.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1561 and
				  39:1564.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part V - Policy and Procedure Memoranda › Chapter 59 - Procurement Preferences; Application-PPM Number 59 › Section V-5907 - Right to Negotiate Prices or Cancel Solicitation; Additional Preferences

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing in this
				policy shall prevent the Office of State Procurement or an agency from
				negotiating with a vendor to lower its prices or an agency from canceling a
				solicitation where a preferred product is determined to exceed an agencys
				allocated budget for the product.
B. The Office of State Procurement shall
				revise the list of preferences herein from time to time to recognize new or
				additional procurement preferences as may be appropriate. Newly enacted
				statutory preferences, however, shall be enforced immediately upon their
				effective dates.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1561 and
				  39:1564.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 1 - Architects Selection Board › Subchapter A - Organization › Section VII-101 - Name

Current through Register Vol. 50, No. 6, June 20, 2024
A. The name of this
				  board is the "Louisiana Architects Selection Board," hereinafter referred to as
				  "board," and its domicile shall be in Baton Rouge, Louisiana.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 38:2311(1).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 1 - Architects Selection Board › Subchapter A - Organization › Section VII-103 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				  Architects Selection Board shall be organized in accordance with the provisions
				  of R.S.
				  38:2310 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 38:2311(1).
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 1 - Architects Selection Board › Subchapter A - Organization › Section VII-105 - Objective

Current through Register Vol. 50, No. 6, June 20, 2024
A. The objective of
				  this board is to provide a system for the selection of professional services
				  rendered by architects, licensed to practice in the state of Louisiana, that is
				  impartial, equitable, and in the best public interest of the citizens of
				  Louisiana.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 38:2311.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 1 - Architects Selection Board › Subchapter A - Organization › Section VII-107 - Members

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				  be composed of eight members, appointed or elected, serving terms in accordance
				  with the provisions of the authority set forth in §103
B. Any member desiring to resign from the
				  board shall submit his/her resignation, in writing by registered mail, to the
				  Board of Architectural Examiners, with a copy addressed to the chairperson of
				  the board. The effective date of resignation shall be the date of registered
				  mailing to the Board of Architectural Examiners.
C. The filling of a board vacancy for the
				  unexpired term due to resignation, death, or removal from office by just cause,
				  shall be made in accordance with the provisions of the authority stated in
				  §103
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 38:2311.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 1 - Architects Selection Board › Subchapter A - Organization › Section VII-109 - Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The officers of
				  this board shall be a chairperson and a vice-chairperson. These officers shall
				  perform the duties prescribed in
				  §103 and by
				  these rules.
B. The chairperson
				  shall:
1. be the presiding officer at
				  meetings of the board;
2. have the
				  authority to order a special meeting of the board;
3. be responsible for coordinating the
				  activities of the board;
4. appoint
				  all committees and serve as an ex-officio member thereof;
5. authenticate by his/her signature, when
				  necessary, all acts, orders, and proceedings of the board;
6. be responsible for implementing all orders
				  and resolutions of the board.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 1 - Architects Selection Board › Subchapter A - Organization › Section VII-110 - Secretary

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office of
				  secretary shall be furnished to the board by the Office of Facility Planning
				  and Control, subject to approval by the board.
B. The secretary shall:
1. be under the general supervision of the
				  board;
2. give notice of all
				  meetings of the board and its committees to the board and general
				  public;
3. attend all meetings of
				  the board and committees and record the minutes of all proceedings and make the
				  minutes and records available upon request;
4. keep on file all committee
				  reports;
5. receive and conduct the
				  general correspondence of the board; that is, correspondence which is not a
				  function proper to the officers, or to the committees;
6. cause the official advertisement to be
				  advertised in accordance with
				  R.S.
				  38:2312(A) and the rules of
				  selection procedure adopted by the board;
7. maintain and be the custodian of a file of
				  all applications for projects, as well as all data submitted by applicants
				  selected by the board to furnish architectural services for state projects as
				  provided for in the rules of selection procedure;
8. perform such other duties as may be
				  prescribed by the board.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 1 - Architects Selection Board › Subchapter A - Organization › Section VII-111 - Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A regular
				  meeting of the board shall be held on the third Wednesday in the months of
				  January, March, May, July, September, and November of each year, unless such
				  meeting is waived by the chairperson as unnecessary.
B. Special meetings may be called by the
				  chairperson or shall be called upon the written request of a minimum of five
				  members of the board. Special meetings may be held at any place provided the
				  time, the place, and the purpose of the meeting shall be stated in the call and
				  made public in accordance with applicable laws. Except in cases of emergency,
				  at least three days' notice shall be given for special meetings.
C. A minimum of five members of the board
				  shall be present to constitute a quorum.
D. All meetings shall be held in public,
				  except as provided in
				  §128.A 6
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 38:2311.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 1 - Architects Selection Board › Subchapter A - Organization › Section VII-113 - Committees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Committees,
				  standing or special, shall be appointed by the chairperson of the board as
				  he/she shall deem necessary to carry on the work of the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 38:2311.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 1 - Architects Selection Board › Subchapter A - Organization › Section VII-115 - Parliamentary Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules
				  contained in the current edition of
Robert's Rules of Order, Newly
				  Revised,
shall govern the board in all cases to which they are
				  applicable and in which they are not inconsistent with these rules of
				  organization and any special rules of order that the board may adopt.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 38:2311.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 1 - Architects Selection Board › Subchapter A - Organization › Section VII-117 - Voting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Only the votes
				  of members present at the meeting shall be counted in the board's official
				  actions. Proxy votes on behalf of elected members are not allowed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 38:2311.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 1 - Architects Selection Board › Subchapter A - Organization › Section VII-119 - Amendments to Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules of
				  organization may be amended at any regular or special called meeting of the
				  board by an affirmative vote of a simple majority of the attending board,
				  provided the proposed amendment has been submitted, in writing, at the previous
				  regular or special meeting, and is in full compliance with the Louisiana
				  Administrative Procedure Act and other applicable laws. Upon receipt of a
				  proposed written amendment, the chairperson, before the next regular or special
				  meeting, shall cause to give at least 20 days notice of the boards intended
				  action as provided in the Louisiana Administrative Procedure Act.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 38:2311.