reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part III - Consumer Protection › Chapter 5 - Unfair and Deceptive Trade Practices › Section III-501 - Scope of Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A.
						These rules and regulations may be cited in abbreviated fashion as follows: LAC
						16:III.Chapter 5.
B. In accordance
						with
						R.S.
						51:1405(B), these rules and
						regulations shall not conflict with the constitution of this state and shall be
						interpreted giving due consideration to the intent of the legislature as
						evidenced by all of the statutes of the state.
C. These rules and regulations shall be
						consistent with Section 5(a)(1) of the Federal Trade Commission Act [
						15 U.S.C.
						45(a)(1)], as from time to
						time amended, any rule or regulation promulgated thereunder, and any finally
						adjudicated court decision interpreting the provisions of said act, rules, and
						regulations. This consistency shall be, therefore, the same as the Federal
						Trade Commission's responsibility over both:
1. anti-trust or other restraint of trade
						types of activities; and
2. unfair
						or deceptive types of activities relating to trade and commerce as it affects
						consumer and business interests.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part III - Consumer Protection › Chapter 5 - Unfair and Deceptive Trade Practices › Section III-505 - Magazine and Periodical Subscription Service Sales Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prohibited
						magazine and periodical subscription service sales practices shall include:
1. soliciting or accepting subscriptions for
						magazines or other periodicals without authority to sell same or which cannot
						be delivered or caused to be delivered within 90 days; or
2. requiring subscribers to substitute
						magazines or other periodicals in the place of those originally subscribed for;
						or
3. substituting magazines or
						other periodicals for those subscribed for without the consent of the
						subscribers; or
4. representing,
						directly or by implication, that the delivery of magazines sold is guaranteed,
						without clearly and conspicuously disclosing the terms and conditions of such
						guarantee, or misrepresenting in any manner the terms and conditions of any
						guarantee; or
5. failing to notify
						a subscriber within 30 days from the date of sale of any subscription of the
						inability to place all or part of a subscription agreement and deliver each of
						the magazines or other publications subscribed for; and to offer each such
						subscriber the option to receive a pro rata reduction in the contract price or
						a full refund of the money paid for such subscription or part thereof which is
						undeliverable, or, with the written consent of the subscriber to substitute
						other publications of comparable value, in lieu thereof; or
6. failing to give clear and conspicuous oral
						and written notice to each subscriber that upon written request said subscriber
						will be entitled to a pro rata refund of monies paid or a like reduction in the
						contract price if he does not receive the magazine or periodicals subscribed
						for within 90 days of the date of sale; or
7. misrepresenting in any manner the savings
						which will be accorded or made available to purchasers; or
8. representing, directly or indirectly, that
						any salesman, agent, solicitor or employee of a magazine or periodical
						subscription service is primarily conducting or participating in a survey,
						quiz, or is engaged in any activity other than soliciting business; or
						misrepresenting in any manner the purpose of the call or solicitation;
						or
9. misrepresenting any other
						aspect of the contract, sale, cost or service to be provided in any manner,
						with the intent to induce a consumer to enter a contract or otherwise subscribe
						to the services offered.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part III - Consumer Protection › Chapter 5 - Unfair and Deceptive Trade Practices › Section III-507 - Bait Advertising

Current through Register Vol. 50, No. 6, June 20, 2024
A.
						Bait advertising is any representation or offer to sell any goods or services
						in any manner or by any means of communication, which representation has the
						effect of luring consumers to the location of the goods or services
						represented, or which induces consumers to contact the vendor or any of his
						agents, representatives or employees for the purpose of showing, demonstrating
						or selling to the consumer the goods or services represented, or where, at the
						time of any previously arranged meeting, any of the following acts or practices
						are engaged in by the vendor, his agents, representatives, or employees:
1. the refusal to show, demonstrate, or sell
						the goods or services represented in accordance with the terms of
						representation;
2. the
						disparagement by acts or words of the represented goods or services or the
						disparagement of the guarantee, credit terms, availability of service, repairs
						or parts, or in any other respect, in connection with it;
3. the failure to have available at all
						outlets listed in the representation a sufficient quantity of the goods or
						services to meet reasonably anticipated demands, unless the representation
						clearly and adequately discloses that supply is limited and/or the goods or
						services are available only at designated outlets;
4. the refusal to take orders for the
						represented goods or services to be delivered within a reasonable period of
						time;
5. the showing or
						demonstrating of goods or services which are defective, unusable or impractical
						for the purpose represented or implied in the representation;
6. use of a sales plan or method of
						compensation for salesmen or penalizing salesmen, to prevent or discourage them
						from selling the represented goods or services;
7. attempt, through the use of the acts or
						practices enumerated in Paragraphs 1-6 above, or by any other scheme, to switch
						consumers from buying the goods or services represented in order to sell
						something else at a higher price or on a basis more advantageous to the
						vendor.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part III - Consumer Protection › Chapter 5 - Unfair and Deceptive Trade Practices › Section III-509 - Deceptive Endorsements and Testimonials

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definition. For the purpose of this rule
						the following definition shall apply.
Endorsement or Testimonial
-any message in
							advertising or by oral representation by the seller, his employee, or his
							agent, that conveys to the consumer views favorable to the product or service
							advertised in which the consumer may attribute to some one other than the
							seller. Such views may be those of an individual, group or institution.
B. It shall be an unfair and
						deceptive act or practice for any seller to do any of the following:
1. state or imply that a product or service
						is endorsed or approved by any individual, group or institution when such has
						product has not been so endorsed or approved;
2. imply or state that an endorsement is more
						extensive than it actually is when it has not been so endorsed or
						approved;
3. state or imply that a
						product or service is "recommended by many doctors" or "approved by millions of
						motorists" or other claims of such similar import, or claims of endorsements
						from specific individuals or organizations when such product or service has not
						been so endorsed or approved.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part III - Consumer Protection › Chapter 5 - Unfair and Deceptive Trade Practices › Section III-511 - Misrepresentation of Old, Used, or Secondhand Goods

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definition. For the purpose of this rule
						the following definition shall apply.
Old, Used, or Secondhand Merchandise
-any
							commodity sold in the ordinary course of trade and commerce which has been
							previously subjected to the use for which it was intended, provided that this
							Section shall not apply to undamaged merchandise returned to a seller, nor to a
							use which can be reasonably construed as a trial use by a prospective purchaser
							where the commodity does not leave the premises of the seller.
B. It shall be an unfair and
						deceptive act or practice for any seller to sell merchandise which is old,
						used, or secondhand, in such a way that the purchaser is led to believe that
						such merchandise is new and unused.
C. Whoever engages in these practices
						violates
						R.S.
						51:1405(A), prohibiting,
						inter alia, unfair and deceptive acts and practices in trade and
						commerce.
D. If any part of this
						rule is ever legally declared to be invalid for any reason, the remainder of
						the rule shall continue in full force and effect, and to this end, this rule is
						declared to be severable.
E. All
						rules and regulations or parts thereof in conflict herewith are hereby
						repealed.
AUTHORITY NOTE:
							Promulgated in accordance with
							R.S. 51:1401 et
							seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part III - Consumer Protection › Chapter 5 - Unfair and Deceptive Trade Practices › Section III-513 - Imperfections, Rejects and Distressed Goods

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definition. For the purpose of this rule
						the following definition shall apply.
Distressed Goods
-consumer goods which are
							defaced, scratched, dented, damaged, or have been subjected to conditions that
							alter their original state, such as fire damage or damage from a natural
							disaster.
B. It is unfair
						to sell or offer for sale merchandise which has imperfections, which are
						rejects, or which are distressed or salvaged goods without first clearly and
						conspicuously disclosing to all prospective purchasers thereof the
						imperfections and the identity, status, nature, and the fact of the rejection,
						distress and salvage.
C. It is
						unfair to sell or offer for sale merchandise which has no imperfection which is
						not a reject, and which is not distressed or salvaged in such a manner as to
						lead any prospective purchaser thereof to believe that same has imperfections,
						is a reject, or is distressed or salvaged and, if purchased, will, on that
						account, render a savings on the price of such merchandise.
D. Whoever engages in "misrepresentation of
						distressed goods, imperfections, and rejects" violates
						R.S.
						51:1405(A) prohibiting, inter
						alia, unfair and deceptive trade practices; provided further that this rule
						shall not operate as an exclusive definition of prohibited conduct in the area
						of trade and commerce to which it applies or in any other area of trade and
						commerce, and shall not operate as a defense to other activity otherwise deemed
						to be an unfair method of competition or an unfair or deceptive act or practice
						in trade and commerce by the State of Louisiana, the Federal Trade Commission,
						or by the courts of this state or of the United States.
E. If any part of this rule is judicially
						decreed to be invalid for any reason, the remainder of the rule shall continue
						in full force and effect, and to this end this rule is declared to be
						severable.
F. All rules and
						regulations or parts thereof in conflict herewith are hereby
						repealed.
AUTHORITY NOTE:
							Promulgated in accordance with
							R.S. 51:1401 et
							seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part III - Consumer Protection › Chapter 7 - Database Security Breach Notification › Section III-701 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
						When notice to Louisiana citizens is required pursuant to
						R.S. 51:3074, the
						person or agency shall provide written notice detailing the breach of the
						security of the system to the Consumer Protection Section of the Attorney
						General's Office. Notice shall include the names of all Louisiana citizens
						affected by the breach.
B. Failure
						to provide timely notice may be punishable by a fine not to exceed $5,000 per
						violation. Notice to the attorney general shall be timely if received within 10
						days of distribution of notice to Louisiana citizens. Each day notice is not
						received by the attorney general shall be deemed a separate
						violation.
C. Written notification
						shall be mailed to:
Louisiana Department of Justice
Office of the Attorney General
Consumer Protection Section
1885 N. Third Street
Baton Rouge, LA 70802
AUTHORITY NOTE:
							Promulgated in accordance with
							R.S. 51:3071 et
							seq.
Louisiana Administrative Code › Title 17 - CONSTRUCTION › Part I - Uniform Construction Code › Chapter 1 - Adoption of the Louisiana State Uniform Construction Code (Formerly LAC 55:VI.Chapter 3) › Section I-101 - Louisiana State Uniform Construction Code (Formerly LAC 55:VI.301.A)

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with the requirements set
										forth in R.S.40:1730.28, effective February 1, 2018 the following is hereby adopted as an amendment to the
Louisiana state Uniform Construction Code
.
AUTHORITY NOTE: Promulgated
											  in accordance with R.S. 40:1730.22(C) and (D) and 40:1730.26(1).
Louisiana Administrative Code › Title 17 - CONSTRUCTION › Part I - Uniform Construction Code › Chapter 1 - Adoption of the Louisiana State Uniform Construction Code (Formerly LAC 55:VI.Chapter 3) › Section I-105 - International Existing Building Code (Formerly LAC 55:VI.301.A.2)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
International Existing Building Code (IEBC),
2021
										Edition, not including Chapter 1, Administration, and the standards referenced in that code for regulation of
										construction within this state.
Repeal
Section 502 6, Enhanced Classroom Acoustics
Repeal
Section 503 16, Enhanced Classroom Acoustics
Repeal
Section 506.6 Enhanced Classroom Acoustics
Repeal
Section 903.4 Enhanced Classroom Acoustics
Repeal
Section 1011.4 Enhanced Classroom Acoustics
Repeal
Section 1101.4 Enhanced Classroom Acoustics
AUTHORITY NOTE: Promulgated
											  in accordance with R.S. 40:1730.22(C) and (D) and 40:1730.26(1).
Louisiana Administrative Code › Title 17 - CONSTRUCTION › Part I - Uniform Construction Code › Chapter 1 - Adoption of the Louisiana State Uniform Construction Code (Formerly LAC 55:VI.Chapter 3) › Section I-107 - International Residential Code (Formerly LAC 55:VI.301.A.3.a)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1.
International Residential
				Code
, 2021 Edition, not including Parts I-Administrative, and
				VIII-Electrical. The applicable standards referenced in that code are included
				for regulation of construction within this state. The enforcement of such
				standards shall be mandatory only with respect to new construction,
				reconstruction, additions to homes previously built to the
International Residential Code
, and extensive alterations.
				2021
International Residential Code
, Appendix AQ, Tiny Houses,
				with inspections on site and or in the manufacturing plant as required by the
				LSUCCC regulations. Appendix J, Existing Buildings and Structures, may be
				adopted and enforced only at the option of a parish, municipality, or regional
				planning commission.
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Louisiana Administrative Code › Title 17 - CONSTRUCTION › Part I - Uniform Construction Code › Chapter 1 - Adoption of the Louisiana State Uniform Construction Code (Formerly LAC 55:VI.Chapter 3) › Section I-111 - The International Plumbing Code (Formerly LAC 55:VI.301.A.5)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
International Plumbing Code
, 2021 Edition. The appendices of
				that code may be adopted as needed, but the specific appendix or appendices
				shall be referenced by name or letter designation at the time of adoption (per
				R.S.
				40:1730.28, eff. 1/1/16).
Click here
				  to view Image
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  40:1730.22(C) and (D) and
				  40:1730.26(1)
				  and Act 836 of the 2014 of the Regular Louisiana Legislative
				  Session.
The amended version by the Uniform
				  Construction Code,
				  LR
				  49
										11/1/2023 is not yet
				  available.
The amended
											  version of this section by
											  LR
											  50416 (3/1/2024 is
											  not yet available.
Louisiana Administrative Code › Title 17 - CONSTRUCTION › Part I - Uniform Construction Code › Chapter 1 - Adoption of the Louisiana State Uniform Construction Code (Formerly LAC 55:VI.Chapter 3) › Section I-113 - International Fuel Gas Code (Formerly LAC 55:VI.301.A.6)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
International Fuel Gas
				Code
(IFCG), 2021 Edition, and the standards referenced in that code
				for regulation of construction within this state. (September 2013), LR 40:2609
				(December 2014), amended by the Department of Public Safety and Corrections,
				Office of State Fire Marshall, LR 41:2387 (November 2015), amended by the
				Department of Public Safety and Corrections, Office of the State Fire Marshal,
				Uniform Construction Code Council, LR 44:94 (January 2018), repromulgated LR
				45:931 (July 2019), amended LR 48:2606 (October 2022).
Amend
Section 310 3, Arc-resistant CSST.
This section applies to corrugated stainless steel
							 tubing (CSST) that is
listed
with an arc-resistant jacket or
							 coating system in accordance with ANSI LC 1/CSA 6.26. The CSST shall be
							 electrically continuous and bonded to an effective ground fault current
							 path.
Amend
Section 404 14, Piping Underground beneath
							 Buildings,
Piping
installed underground beneath
							 buildings is prohibited except where the
piping
is encased in
							 a conduit of wrought iron, plastic pipe, steel pipe, or other
approved
conduit material designed to withstand the
							 superimposed loads. The conduit shall be protected from corrosion in accordance
							 with Section 404.11 and shall be installed in accordance with Section
							 4044.1
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  40:1730.22(C) and (D) and
				  40:1730.26(1).
Louisiana Administrative Code › Title 17 - CONSTRUCTION › Part I - Uniform Construction Code › Chapter 3 - Preliminary Provisions › Section I-301 - Request for Rule Change (Formerly LAC 55:VI.101) (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1730.22(C) and
				  (D).
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part I - Office of Women's Business Enterprise › Chapter 1 - General Provisions › Section I-101 - Statement of Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Louisiana Small Business Procurement Act requires that, for each fiscal year,
				an amount not to exceed 10 percent of the value of anticipated total state
				procurement of goods and services be set aside for awarding to small
				businesses. In addition to this amount, 10 percent of that 10 percent will be
				set aside for awarding to Louisiana small, women-owned businesses.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1735.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part I - Office of Women's Business Enterprise › Chapter 1 - General Provisions › Section I-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose
				of these rules and regulations the following words have the meanings
				indicated.
Control
- exercising the power to make policy
				  decisions.
Operate
- being actively involved in the
				  day-to-day management of the company.
Small Business
- a business as defined by the
				  Small Business Administration of the United States government which for the
				  purposes of size eligibility or other factors meets the applicable criteria set
				  forth in 13 Code of Federal Regulations, Part 121, as amended, and which has
				  its principle place of business in Louisiana.
Women Owned Business
- a business that is at
				  least 51 percent owned by a woman or women who also control and operate
				  it.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1735.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part I - Office of Women's Business Enterprise › Chapter 3 - Certification › Section I-301 - Delegation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				of administration has delegated to the Louisiana Office of Women's Business
				Enterprise the authority to certify that a business is woman-owned in
				accordance with
				R.S.
				39:1738.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1735.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part I - Office of Women's Business Enterprise › Chapter 3 - Certification › Section I-303 - Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Companies must
				complete all portions of the certification materials and return them as
				specified in the following Subsections in order to be considered for
				certification under the women's set-aside program.
B. The following documents plus any specified
				attachments constitute the certification materials required from women-owned
				companies interested in providing goods, services or supplies under R.S.
				39:1551-1755.
1. Certification Resume (Form
				Number DA 3302: Revised 4/85) which must be completed and returned to the
				Department of Economic Development, Division of Minority and Women's Business
				Enterprise, Box 94185, Baton Rouge, LA 70804-9185. The following attachments
				must accompany the Certification Resume when it is submitted:
a. legal ownership documents (articles of
				incorporation, partnership agreements, stock ownership/distribution
				agreements), financial statements of the company which indicate the ownership
				of major assets as well as the principal stockholders in the corporation (stock
				certificates), company balance sheets, federal income (business) tax statements
				for the past three years (or as applicable), state and city licenses (whichever
				applicable), a copy of the bank signature card for the business, resume of
				corporate shareholders and employees, organizational chart, equipment/building
				ownership and/or rental documents, supplier contract and relationship between
				distributor and prime contractor (if applicable), and any additional legal
				documents that would reflect ownership and control;
b. all information requested on the
				Certification Resume must be supplied, and the document itself must be
				notarized, as indicated, prior to submittal;
c. requests for a waiver of certain requested
				information in §303. B.1 a, not applicable to certain business structures, must
				be accompanied by a justification statement.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part I - Office of Women's Business Enterprise › Chapter 3 - Certification › Section I-305 - Disapproval of Women-Owned Businesses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The director of the Louisiana Office of
				Women's Business Enterprise shall either approve or disapprove businesses for
				certification. If a business is disapproved for certification as a woman-owned
				business, a letter will be sent to the named owner(s) of the business stating
				the reason(s) for disapproval. A copy of the disapproval form will remain on
				file at the Louisiana Office of Women's Business Enterprise, and a second copy
				will be forwarded to the State Purchasing Office and retained there for their
				records.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1735.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part I - Office of Women's Business Enterprise › Chapter 5 - Appeal Procedures › Section I-501 - Appeal Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a
				business owner is aggrieved by a disapproval, she has 15 days after receiving
				the disapproval letter to provide additional information, explanation, or
				clarification to the Louisiana Office of Women's Business Enterprise, Box
				94095, Baton Rouge, LA 70804-9095. The business owner may provide this
				information either through a letter to this office or may request a hearing
				with the director of the Louisiana Office of Women's Business Enterprise. This
				information will be reviewed in conjunction with the original form submitted
				and a final determination will be made. The business owner will be notified in
				writing within 15 days of this final determination. Any business owner who is
				still aggrieved after the final determination of the director of the Louisiana
				Office of Women's Business Enterprise may request that the commissioner of
				administration review the record and the written determination. The request for
				this review shall be submitted in writing 15 days of receipt of the director's
				final determination and shall contain detailed reasons for the objection to the
				final ruling.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1735.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 1 - General Provisions › Section II-101 - Statement of Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				accordance with the provisions of R.S. 51:941-945 and the provisions of the
				Administrative Procedure Act, R.S. 49:950-970 as amended, the Department of
				Economic Development's Small and Emerging Business Development Program
				administers these regulations which are intended to prescribe the procedures
				for qualifying and certifying small and emerging businesses; to provide for
				bonding and other financial assistance; to provide for technical and managerial
				assistance; to provide for a business mentor-protege program; to recognize
				achievements for small and emerging businesses; and to facilitate access to
				state agency procurement.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:942.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 1 - General Provisions › Section II-103 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose and
				intent of this Chapter is to provide the maximum opportunity for small and
				emerging businesses to become competitive in a non-preferential modern economy.
				This purpose shall be accomplished by providing a program of assistance and
				promotion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:942.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 1 - General Provisions › Section II-105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. When used in
				these regulations, the following terms shall have meanings as set forth
				below.
Assistant Secretary
-the assistant secretary
				  of the Department of Economic Development.
Certification
-the determination that a
				  business qualifies for designation as a small and emerging business.
Designee
-the person designated by the
				  director to act in his absence.
Director
-the director of the Small and
				  Emerging Business Development Program designated by the Secretary of the
				  Department of Economic Development.
Firm
-a business that has been certified as
				  small and emerging.
Full-Time
-working in the firm at least 20
				  hours per week.
Program
- the Small and Emerging Business
				  Development Program in the Department of Economic Development.
RFP
-request for proposal.
Secretary
-the Secretary of the Department of
				  Economic Development.
Small and Emerging Business (SEB)
- a small
				  business organized for profit and performing a commercially useful function
				  which is at least 51 percent owned and controlled by one or more small and
				  emerging business persons and for which the principal business operations of
				  the business are located in Louisiana including Louisiana as the primary place
				  of employment for the employees of the business. A nonprofit organization is
				  not a small and emerging business for purposes of this Chapter.
Small and Emerging Business Person
- a
				  citizen or legal resident of the United States who has resided in Louisiana for
				  at least 12 consecutive months and whose ability to compete in the free
				  enterprise system has been impaired due to diminished capital and credit
				  opportunities as compared to others in the same or similar line of business,
				  and whose diminished opportunities have precluded, or are likely to preclude,
				  such individual from successfully competing in the open market.
Undersecretary
-the undersecretary of the
				  Department of Economic Development.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:942.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 1 - General Provisions › Section II-107 - Eligibility Requirements for Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. An SEB is a firm owned and controlled by
				one or more small and emerging business person(s). Eligibility requirements
				fall into two categories, one applies to the individual owners and the other to
				the applicant's firm. In order to continue participation in the program, a firm
				and its individual owners must continue to meet all eligibility
				requirements.
B. Small and Emerging
				Business Person. For purposes of the program, a person who meets all of the
				criteria in this Section shall be defined as a
small and emerging
				business person
.
1. Citizenship. The
				person is a citizen or legal resident of the United States.
2. Louisiana Residency. The person has
				resided in Louisiana for at least one year.
3. Net Worth. The person's net worth may not
				exceed $400,000. The market value of the assets of the person's small and
				emerging business, personal residence, 401K, IRA, and other legal retirement
				funds will be excluded from the net worth calculation.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 1 - General Provisions › Section II-111 - Responsibility for Applying

Current through Register Vol. 50, No. 6, June 20, 2024
A. It
				is the responsibility of any business wishing to participate in the program to
				complete the required certification process. Failure to provide complete, true,
				or accurate data may result in rejection of the application.
B. Certification in the SEBD Program is
				accomplished on-line at
www.ledsmallbiz.com.
Applicants must have an
				e-mail address to become certified in the SEBD Program.
C. Certification as a SEB also does not
				constitute compliance with any other laws or regulations and does not relieve
				any firm of its obligations under other laws or regulations. Certification as a
				small and emerging business also does not constitute any determination by SEBD
				Program that the firm is responsible or capable of performing any
				work.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:942.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 1 - General Provisions › Section II-113 - Certification Application Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicant completes and submits an on-line
				application at www.ledsmallbiz.com to the SEBD office.
B. The SEBD Program staff reviews the
				application and if it is found to be incomplete or further information is
				needed, the SEBD Program staff will contact applicant. If the applicant does
				not respond within 15 days, the application will be denied.
C. The director, or designee, notifies the
				applicant by e-mail of the decision whether or not to grant
				certification.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:942.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 1 - General Provisions › Section II-115 - Duration of Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				maximum amount of time that a firm may be granted certification by the SEBD
				Program is 10 years or when the owner or firm no longer qualifies, whichever
				occurs first.
B. Retention of the
				firm in the program depends upon time, the firm's progress toward attainment of
				its business goals, willingness or ability to cooperate, and follow through on
				recommendations of the SEBD Program staff or its designee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:942.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 1 - General Provisions › Section II-117 - Reports by Certified Small and Emerging Businesses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Report Form. On forms identified or
				prescribed by the SEBD Program, certified businesses shall report at times
				specified by the SEBD Program their financial position and attainment of the
				business' performance goals. Failure to do so may result in termination from
				the program.
B. Verification of
				Eligibility. The SEBD Program, or its designee, may take any reasonable means
				at any time to confirm a certified firm's eligibility, such as by letter,
				telephone, contact with other governmental agencies, persons, companies,
				suppliers, or by either announced or unannounced site inspection.
C. Notification of Changes. To continue
				participation, a certified firm shall provide the SEBD Program, or its
				designee, with a written statement of any changes in an address, telephone
				number, ownership, control, financial status, or major changes in the nature of
				the operation. Failure to do so may be grounds for termination of
				eligibility.
D. Evaluation. The
				SEBD Program or its designee, as necessary, shall evaluate the information to
				determine progress, areas for further improvement, resources needed by the
				firm, and eligibility for continued participation in the program.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:942.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 1 - General Provisions › Section II-119 - Deception Relating to Certification of a Small and Emerging Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person found
				guilty of the crime of deception relating to certification of an SEB as
				provided in
				R.S.
				51:944 will be discharged from the program
				and will not be eligible to reapply under the business name involved in the
				deception or any business with which such individual(s) may be
				associated.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:944.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 3 - Developmental Assistance Program › Section II-301 - Developmental Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Purpose. The SEBD Program will coordinate technical, managerial, and indirect
				financial assistance through internal and external resources to assist
				certified small and emerging businesses in becoming competitive in the market
				place.
B. Developmental Steps
1. The certified SEB owner will be required
				to participate in, and complete a SEBD Program approved entrepreneurial
				training program. The small and emerging business owner that demonstrates
				adequate entrepreneurial skills or compelling reasons for not participating may
				be granted a waiver by the director or designee.
2. Determination of Additional Assistance. In
				consultation with the business owner, the SEBD Program's staff or its designee
				will determine areas in which the business owner needs additional
				assistance.
3. Referral to
				Additional Resources. The SEBD Program or its designee will assist the firm
				obtain technical and/or managerial assistance from other resources, such as
				small business development centers, procurement centers, consultants, business
				networks, professional business associations, educational institutions, and
				other public agencies.
4. Ongoing
				Evaluation. In conjunction with the small and emerging business firm and
				appropriate external resources, the SEBD Program or its designee will
				periodically assess the SEB firm's progress toward attainment of its business
				goals. The SEBD Program, in conjunction with the SEB firm, will determine the
				effectiveness of assistance being administered. If assistance is ineffective,
				the SEBD Program will investigate and take appropriate action.
5. Graduation from the Program. Upon
				completion of the program's 10 year term or attainment of the SEB's
				programmatic goals, the SEB firm will graduate from the program. Companies that
				do not make satisfactory progress and/or exceed the net worth prerequisites for
				certification will be terminated from the SEBD Program.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 5 - Mentor-ProtegeCredit Program › Section II-501 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. The intent of
				the Mentor-Protege Tax Credit Program Act of 2007 (Act 356 of 2007;
				R.S.
				47:6026 the provisions of which shall
				hereinafter be referred to as "Act 356") is to facilitate the growth and
				stability of Louisiana's economy by fostering the overall enhancement and
				development of protege firms as a competitive contractor, subcontractor, joint
				venture partner, or supplier of local, state, federal, and private markets.
				These provisions are to be read in pari materiae with Act 356. For the purposes
				of this rule, the "secretary" shall be either the Secretary of Economic
				Development or his designee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:942.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 5 - Mentor-ProtegeCredit Program › Section II-503 - Guidelines for Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Mentor/Protege Program will be open to participation by any business entity,
				large or small, which meets the criteria for participation as outlined below.
1. Mentor Firms:
a. committed and able to provide professional
				guidance and support to its proteges to facilitate their development and
				growth, particularly in the critical areas of private and public procurements
				in construction;
b. demonstrates
				favorable financial health, including profitability for at least the last two
				years;
c. demonstrates the
				capability to provide managerial or technical skills transfer or capacity
				building;
d. capable of contracting
				with private and public entities;
e. in "good standing" with the Secretary of
				State, and not in violation of any state statutes, rules, or governing
				policies;
f. must remain in the
				program for the period of the developmental assistance as defined in the
				mentor/protege plan; and
g. such
				other requirements by the secretary as shall be consistent with Act
				356.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 5 - Mentor-ProtegeCredit Program › Section II-505 - The Mentor-Protege Agreement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The mentor-protege agreement is a written
				agreement between the mentor and protege, and approved by the Department of
				Economic Development.
B. The
				mentor/protege agreement, signed by the respective firms, shall be submitted to
				the Department of Economic Development for approval. The agreement shall
				contain a description of the developmental assistance that is mutually agreed
				upon and in the best developmental interest of the protege firm.
C. The mentor-protege agreement may set a fee
				schedule to cover the direct and indirect cost for such services rendered by
				the mentor for specific training and assistance to the protege through the life
				of the agreement.
D. The
				mentor/protege agreement shall include information on the mentor's ability to
				provide managerial or technical skills transfer or capacity building.
E. The mentor-protege agreement shall include
				termination provisions complying with notice and due process rights of both
				parties and a statement agreeing to submit periodic report reviews and
				cooperate in any studies or surveys as may be required by the department in
				order to determine the extent of compliance with the terms of the
				agreement.
F. The submitted
				mentor/protege agreement shall be reviewed by Louisiana Economic Development
				and approved if the agreement is in compliance with the program's
				mentor/protege guidelines and is consistent with Act 356.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  51:942.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 5 - Mentor-ProtegeCredit Program › Section II-507 - Internal Controls and Monitoring

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Secretary of the Department of
				Economic Development, or his designee, will designate and may change from time
				to time, one or more persons on his staff to act as the department's project
				representative or as the "mentor-protege agreement monitor" for each
				mentor-protege agreement, to provide liaison between the mentor, protege and
				the department, and to perform various duties which are specifically provided
				for in the mentor-protege agreement.
B. The mentor and protege are responsible to
				inform the department of any problems, delays or adverse conditions which will
				materially affect their ability to attain agreement objectives, prevent the
				meeting of time schedules and goals, or preclude the attainment of agreement
				work units by established time schedules and goals. A statement of the action
				taken or contemplated by the mentor and protege and any assistance which may be
				needed to resolve the situation shall accompany such disclosure.
C. Department controls will include:
1. approving, reviewing and evaluating
				mentor/protege agreements for goals and objectives;
2. reviewing quarterly progress reports
				submitted by mentors and proteges on protege development to measure protege
				progress against the approved agreement, and a final report within 30 days
				following the completion of the agreement, or by July 31 each year, whichever
				comes first.
3. requesting and
				reviewing periodic reports and any studies or surveys as may be required by the
				program to determine program effectiveness and impact on the growth, stability
				and competitive position of small and emerging businesses in the state of
				Louisiana; and
4. continuous
				improvement of the program via ongoing and systematic research and development
				of program features, guidelines and operations.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part II - Small and Emerging Business Development Program › Chapter 5 - Mentor-ProtegeCredit Program › Section II-509 - The Mentor-Protege Tax Credit

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following mentor-protege tax credit
				rules shall be applicable to mentors who enter into a mentor-protege agreement.
1. The mentor may earn and apply for and, if
				qualified, be granted a refundable credit on any income or corporation
				franchise tax liability owed to the state by the mentor. The amount of the
				refundable credit shall be established by the Department of Economic
				Development and contained in the mentor-protege agreement.
2. The amount of the tax credits granted
				pursuant to the provisions of this Part shall not exceed $50,000 per
				mentor-protege agreement.
3. The
				mentor may participate in no more than two mentor-protege agreements in any one
				tax year without the prior written approval of the secretary.
4. The mentor-protege tax credits granted by
				the Department of Economic Development in any fiscal year shall not exceed
				$1,000,000.
5. The mentor-protege
				tax credit shall be deemed earned on the date of the investment and may be
				claimed in the tax year in which the investment is made. The credit earned by
				an individual shall be claimed on their individual income tax return, the
				credit earned by an S-corporation shall be claimed as provided by
				R.S.
				47:1675(G), the credit
				earned by a corporation other than an S-corporation shall be claimed on the
				corporation income and franchise tax return of the corporation, and the credit
				earned by a pass through entity shall be claimed on the income or franchise tax
				returns of the members or partners as provided by
				R.S.
				47:1675(F).
6. A tax credit granted pursuant to this Part
				shall expire and have no value or effect on tax liability beginning with the
				twenty-first tax year after the tax year in which it was originally earned,
				applied for, and granted.
7. In the
				event it is subsequently determined by the Department of Economic Development
				that the mentor has not complied with the requirements of the mentor-protege
				agreement, or that the mentor was otherwise not qualified to earn a tax credit
				pursuant to this Part, any tax credits previously earned and applied against
				the mentor's tax liability shall be recaptured and added to the tax liability
				of the mentor for the year that such determination is made.
8. The secretary shall provide the mentor
				with all necessary and appropriate tax credit certificates as provided by
				statute and as shall assist the Department of Revenue in its determination of
				applicability of the credit