reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1507 - Retention Schedule Compliance

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Microfilming of records must be in compliance with an approved agency retention
				schedule except, if an agency does not have an approved retention schedule, a
				microfilming needs assessment must be completed by the state archives to
				determine if filming is justified.
1. For
				microfilm maintained as roll film, no more than one record series is permitted
				on each roll of microfilm.
2.
				Original records that have been microfilmed may be destroyed or source
				documents that have been filmed prior to the expiration of their retention
				periods if the microfilm complies with this policy and in accordance with
				R.S.
				44:36 and
				R.S.
				44:39.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1509 - Use of Original Microfilm

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				After the completion of production tests and quality inspection, original
				microfilm must not be unwound and used for any purpose except:
1. to produce duplicate copies of the
				film;
2. to carry out periodic
				inspection of stored original film;
3. to expunge records required by
				law;
4. to destroy records when
				retention period has been met.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1511 - Annual Report Requirement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All agency microfilm produced in house by an agency or by an outside vendor
				shall make an annual report to the state archives in the form of letter or
				report and shall include:
1. equipment used
				by agency or vendor;
2. records
				series annually filmed by agency;
3. total number of:
a. 100' 16 mm reels;
b. 215' 16 mm, reels;
c. 35 mm reels;
d. microfiche;
e. jackets;
f. aperture cards;
g. images filmed;
h. duplicate reels produced;
4. the method(s) and/or vendor
				used to process agency microfilm;
5. the location of the original film
				produced.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1513 - State Centralized Microfilm Unit

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with
				R.S.
				44:415, all agencies shall contract with the
				state archives for microfilming services. If the state archives is unable to
				meet the agency's needs, the state archives can grant permission for the agency
				to contract with a private vendor.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:405.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1515 - Film Requirement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Film
				with a polyester base must be used for records having a retention period of 10
				years or more. Any film type may be used for records having a retention period
				of less than 10 years, provided the microfilmed record will last for the
				required retention period.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:405.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1517 - Film Production

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				records to be filmed must be arranged, identified, and indexed for filming so
				an individual document or series of documents can be located on the film. In
				instances where records are not self-indexing (i.e., not in a readily
				identifiable numeric or alphabetic sequence) an index must be
				maintained.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:405.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1519 - Image Marking

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any use of
				image marking should comply with standard ANSI/AIIM MS8.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:405.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1521 - Targets

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever
				possible, targets must all face the same direction as the records being
				microfilmed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:405.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1523 - Image Sequence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Image
				sequence on roll microfilm must be at a minimum:
1. leaders with a minimum of 3 feet (36
				inches) of blank film;
2. density
				target and resolution target;
3.
				title page (including agency of record);
4. records series identification
				page;
5. records on film;
6. declaration by camera operator;
7. density target and resolution
				target;
8. trailer with a minimum
				of 3 feet (36 inches) of blank film.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1525 - Retake Sequence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Filming
				sequence for retakes and additions on all microfilm must be:
1. title target identifying the retake or
				addition records;
2. the retake or
				addition records; and
3.
				declaration of the camera operator.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1527 - Splices

Current through Register Vol. 50, No. 6, June 20, 2024
A. Retakes and
				additions can be spliced either before the density and resolution targets at
				the beginning of the film or after the density and resolution targets at the
				end of the film. Retakes and additions can be on another roll of film if
				cross-indexed to the original roll on the title target and the container label
				of the retake.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:405.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1529 - Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Original
				processed microfilm must be visually inspected according to the following
				procedures.
1. A visual inspection of
				microfilm within two weeks of creation must be completed to verify
				legibility.
2. Film of essential
				records or records having a retention period of 10 years or more must be
				inspected image by image.
3. Film
				of non-essential records having a retention period of less than 10 years must
				be inspected at least every 10 feet of each roll or every third
				microfiche.
4. Images of documents
				must be uniformly placed on the film and must be free of any defects in the
				filming area that would interfere with the documents being read.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1531 - Cameras and Ancillary Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				It is recommended that camera equipment be calibrated, tested, or otherwise
				inspected and adjusted at least twice annually or more often if required to
				comply with manufacturer's specifications or recommended operating and
				maintenance procedures.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:405.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1533 - Storage of Original Microfilm

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Original film should be stored in a separate building from where duplicate
				copies or the original record are housed. In addition, films of different
				generic types, such as silver-gelatin, diazo, and vesicular films, should not
				be stored in the same storage room/vault or in rooms sharing common
				ventilation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:405.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1535 - Storage of Original Microfilm at State Archives

Current through Register Vol. 50, No. 6, June 20, 2024
A. Original film of original records at the
				state archives must be placed in an archives vault on a different floor than
				the original records or duplicate film. Films of different generic types,
				should not be stored in the same vault.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:405.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1537 - Storage Environment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Original
				microfilm must be stored in a storage room or vault that:
1. offers protection from fire, water, steam,
				structural collapse, unauthorized access, and other potential
				hazards;
2. is equipped with a fire
				alarm and fire suppression system;
3. has adequate temperature and humidity
				controls:
a. for original film of records with
				a retention of 10 years or more, temperature must not exceed 72 degrees
				Fahrenheit, and a constant relative humidity of 45 percent must be maintained
				with a maximum variation of plus/minus 5.0 percent relative humidity in a
				24-hour period;
b. for original
				film of records with a retention period of 10 years or less, the maximum
				temperature must not exceed 77 degrees Fahrenheit, and a relative humidity
				range between 20 percent and 60 percent must be maintained with a maximum
				variation of plus/minus 5.0 percent relative humidity in a 24-hour
				period.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1539 - Containers and Storage Housing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Storage housing materials must be noncombustible and non-corrosive. Microfilm
				containers for original microfilm must:
1. be
				used for processed microfilm to protect the film and facilitate identification
				and handling;
2. be chemically
				stable materials such as non-corrodible metals (anodized aluminum or stainless
				steel), peroxide-free plastics, and acid-free paper to ensure no degradation is
				caused to the images;
3. stored in
				a closed housing or may be stored on open shelves or racks if the film is in
				closed containers.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1540 - Container Labels

Current through Register Vol. 50, No. 6, June 20, 2024
A. Labels must
				include:
1. whether the film is original
				microfilm or a duplicate, including generation number if known;
2. identification number;
3. name of agency;
4. records series title;
5. inclusive dates of records;
6. the beginning and ending records;
				and
7. retakes/additions, if
				applicable.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1541 - Inspection of Stored Original Microfilm

Current through Register Vol. 50, No. 6, June 20, 2024
A. Inspection of stored original microfilm
				may be conducted in accordance with the following standards:
1. ANSI IT9.11;
2. ANSI/AIIM MS45; and
3. ANSI/NAPM IT9.1.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1543 - Computer Output Microfilm (COM)

Current through Register Vol. 50, No. 6, June 20, 2024
A. All policies for COM are the same as other
				microfilm formats, except:
1. the COM
				original must be wet processed silver-gelatin film for essential records and
				records with a retention of 10 years or more;
2. the following standards for production,
				testing, and inspection of COM are recommended:
a. ANSI/AIIM MS1;
b. ANSI/AIIM MS5;
c. ANSI/AIIM MS28;
d. ANSI/AIIM MS39;
e. ANSI/AIIM MS43; and
f. ANSI/NAPM IT9.17.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1545 - Jacketing

Current through Register Vol. 50, No. 6, June 20, 2024
A. All policies for
				jacketed microfilm are the same as other microfilm formats, except:
1. original microfilm may be placed in a
				jacket, if there is a security copy stored in the same fashion as original
				microfilm;
2. jacket header
				information should include a record identifier (name, number). If no security
				copy exists, the following must be included in the jacket header information:
a. name of agency;
b. records series title;
c. date(s) of records; and
d. starting and/or ending indexing
				information.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1547 - Aperture Card/CAD Systems

Current through Register Vol. 50, No. 6, June 20, 2024
A. Film
				produced by aperture card/CAD systems are the same as other microfilm formats,
				except:
1. original microfilm and enclosure
				should pass the photographic activity test criteria outlined in the standard
				ANSI IT9.2;
2. a density test and a
				resolution test must be conducted on a sample of original microfilm at a
				minimum of once every 250 cards or every 1,000 images, whichever is
				greater;
3. aperture cards must
				have the following information on label headings:
a. name of agency;
b. records series title;
c. date(s) of records; and
d. unique identifier.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1549 - Expungements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Such action must
				comply with statutory law.
1. If roll film is
				spliced, the following information must be inserted in place of the expunged
				record(s):
a. a start of expungement
				target;
b. replacement documents
				for documents that were expunged (if necessary);
c. an expungement certificate containing the
				following information;
d. the
				number of the district court ordering the expungement;
e. the signature, printed name, and title of
				the custodian of expunged records;
f. the date of expungement.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1551 - Destruction of Microfilmed Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Microfilmed records must be destroyed only
				in accordance with
				R.S.
				44:411(A)(2). Microfilmed
				records scheduled for destruction must be disposed of in a manner that ensures
				protection for any sensitive or confidential information. Destruction of
				records on a roll of microfilm containing multiple records series must be done
				by destroying the whole roll of film at the time the records on the film that
				have the longest retention period are eligible for destruction or, if filmed
				prior to the effective date of these standards, by deleting the section of the
				film containing records eligible for destruction and splicing the film. If the
				film is spliced, a destruction notice containing the following information must
				be inserted in place of the deleted records:
1. the records series title and the inclusive
				dates of the records;
2. the
				signature and printed name of the agency records management officer (RMO)
				approving deletion of the records;
3. the date of the deletion.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XVII - Records Management Policies and Practices › Chapter 15 - Microfilm Policy › Section XVII-1553 - Documentation and Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Microfilm Production
1. Agency records
				management officer (RMO) must require documentation to be maintained that
				identifies titles of records filmed, dates records filmed, disposition of
				records after filming, dates film processed, disposition of film, reduction
				ratio used, records series contained on each microfilm, and equipment on which
				each microfilm was filmed and processed. The documentation must be retained
				until final disposition of all microfilm documented in the log or
				equivalent.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-101 - Summary of Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Address
				Confidentiality Program (ACP) provides relocated victims of abuse, sexual
				assault, or stalking with a substitute address to use in place of their actual
				address when they apply for or receive state or local government services
				(e.g., driver's license, voter registration, public school records, etc.). The
				goal of the program is to prevent an assailant or potential assailant from
				finding the location of a victim through the state's public records. The
				program is not a witness protection program and does not assist participants in
				obtaining new names, Social Security numbers, or in relocating them to a new
				residence. The ACP does not provide legal advice to the participant.
B. The ACP acts as the agent of an ACP
				participant for purposes of service of process and forwards all first-class,
				certified, or registered mail to the participant.
C. The ACP works with state and local
				government agencies to ensure compliance of ACP legislation and to facilitate
				the use of the substitute address.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2),
				  R.S.
				  44:56 and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-103 - Eligibility Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				person attempting to escape from actual or threatened abuse, sexual assault, or
				stalking can apply for participation in the ACP. To participate in the program,
				a victim must meet the following criteria:
1.
				be a victim of abuse, sexual assault, or stalking;
2. be concerned for the safety of self,
				children, or household members;
3.
				be a resident of Louisiana;
4.
				relocate or plan to relocate to an address unknown to his/her abuser;
5. not have made any public record in new
				location (i.e., telephone number, utilities, driver's license, etc.);
6. live in a residence that the victim does
				not own (The ACP cannot protect victims if a house has been purchased in their
				name.); or
7. be 18 years of age or
				older:
a. be a parent or guardian acting on
				behalf of a minor; or
b. be a
				parent or guardian acting on behalf of an incapacitated individual.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-107 - ACP Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. A victim of
				abuse, sexual assault, or stalking moves to a new location (in Louisiana) that
				is unknown to his/her abuser, and a public record of the new address has not
				been created (i.e., telephone number, driver's license, utilities,
				etc.).
B. The victim calls the ACP
				and is referred to an agency with a certified ACP Application
				Assistant.
C. The victim meets with
				an ACP Application Assistant to apply for participation in the ACP.
D. The ACP Application Assistant sends the
				application to the ACP.
E. The ACP
				reviews the information on the application and if all conditions have been met,
				the victim is certified as a program participant.
F. The new participant is assigned an ACP
				code, and an ACP authorization card is issued for each member of the
				household.
G. The program
				participant (and co-participants) can now apply for state and local government
				services using the substitute address as his/her legal address.
H. The ACP forwards all first-class,
				certified, and registered mail to the program participant's actual mailing
				address.
I. The program
				participant's actual residential address and telephone number are not public
				record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2),
				  R.S.
				  44:56, and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-109 - Definition of a Participant and Co-Participant(s)

Current through Register Vol. 50, No. 6, June 20, 2024
A. A victim becomes an ACP participant after
				he/she meets the criteria set forth by the ACP legislation. A co-participant is
				a household member (i.e., child, spouse, sister, etc.) who lives with the
				participant and is listed on the ACP application. Household members are not
				required to be in the ACP; however, it is strongly advised that they be a part
				of the ACP as it is important for everyone in the household to use the
				substitute address.
B. The
				participant and co-participants share the same ACP code and the same substitute
				address. The participant and co-participants are afforded the same legal
				protections of the ACP and must agree to abide by the same rules and guidelines
				of participation in the ACP.
C.
				Once the participant has completed the proper application form, the secretary
				of state shall certify the applicant as a program participant which
				certification shall be valid for four years following the date of filing unless
				the certification is cancelled.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2),
				  R.S.
				  44:56 and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-111 - Substitute Address

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				substitute address assigned to participants has no relationship to
				participants' actual address and all participants use the same
				address.
B. The substitute address
				can be used as the participant's residential, school, and work address. The
				address should always be used when applying for state and local government
				services. Private companies are not required to accept the substitute address;
				however, upon request, many companies use the substitute address. Program
				participants should also use the ACP address with work associates, friends, and
				family members.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2),
				  R.S.
				  44:54, and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-113 - Authorization Card

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each applicant
				is asked to sign an ACP authorization card and the card of every co-applicant
				under the age of 18. Co-applicants that are 18 or older, sign their own
				authorization card. The ACP issues an ACP authorization card for each member of
				the household. Use of the substitute address may begin when participants
				receive their ACP authorization card.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2) and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-115 - ACP Code

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ACP code is
				a specific number assigned to each participant and co-participant and is used
				to sort and distribute participant mail. Participants and co-participants in
				the same household share the same ACP code and all mail addressed to a
				participant should include this number. If the ACP code is not included as part
				of an address; delivery of a participant's mail can be delayed and in some
				cases, may be returned to the sender.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2) and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-117 - Mail-Forwarding Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ACP
				provides first-class mail forwarding service to participants using the
				substitute address. All first-class, certified, and registered mail received at
				the substitute address is forwarded as first-class mail to the mailing address
				provided on the application by the participant. The ACP does not forward books,
				magazines, periodicals, packages, or junk mail. Packages are returned to the
				sender and junk mail or magazines are discarded. Program participants can
				expect their mail to be delayed 5 to 10 days as all mail is forwarded from a
				Baton Rouge address. The ACP does not track or maintain records of any mail
				received on behalf of the program participants unless the mail is certified or
				registered.
B. Participants are
				asked to directly communicate with all their business/personal contacts to
				inform them of the substitute address they will be using as their mailing
				address and the address for public record. Participants are asked not to submit
				a change of address form to the U.S. Postal Service as this can cause confusion
				for the post office and can delay the participant's mail.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2) and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-119 - Voter Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				program participant may vote absentee by mail upon meeting the necessary
				requirements. The participant's substitute address shall be used for
				registration and voting and the participant's name and physical address shall
				not be included on any list of registered voters available to the public. A
				program participant shall not vote during early voting in-person or in-person
				at the polls on election day.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2) and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-121 - Service of Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. A program
				participant designates the ACP as an agent for service of process and receipt
				of mail and legal documents. The ACP receipt of documents constitutes the
				participant's receipt of the documents. Participants cannot use the program to
				avoid legal action or to hide from legal responsibilities by refusing to accept
				mail forwarded by the ACP. Participants are legally responsible for obligations
				contained in all documents forwarded to them by the ACP. ACP will accelerate
				delivery (i.e., Fed Ex, UPS, etc.) on legal papers participants are served. All
				legal delays for service of citation or other process on a program participant
				shall be extended 10 days.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2) and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-123 - Disclosure of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ACP is
				prohibited from disclosing the address or telephone number of a program
				participant except under the following circumstances.
1. The information is requested by a federal,
				state, or local law enforcement agency for official use only.
2. The information is required by direction
				of a court order.
3. The
				information is requested by an agency to verify the participation of a program
				participant when the verification is for official use only. ACP will give no
				additional information except to verify participation in the program.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-125 - Notification to Courts

Current through Register Vol. 50, No. 6, June 20, 2024
A. If at the
				time of application, a program participant is subject to court order or is
				involved in a court action related to divorce proceedings, child support, child
				custody, or child visitation, the ACP shall notify the court that issued the
				order or the court having jurisdiction over the action, of the certification of
				the program participant in the ACP and of the substitute address designated by
				the secretary of state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2) and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-127 - State and Local Government Agency Exemption

Current through Register Vol. 50, No. 6, June 20, 2024
A. A state or local government agency may
				request a waiver from the requirements of the ACP by submitting a waiver
				request. The waiver is an explanation of why the agency cannot meet its
				statutory or administrative obligations by using the ACP substitute address. If
				the ACP accepts the waiver, the agency will only use the participant's actual
				address for statutory or administrative purposes and will not be public record.
				Acceptance or denial of an agency's waiver request is not subject to further
				review.
B. Participants subject to
				the Sex Offender and Public Protection Registration Programs must disclose
				their actual residential address as required by the program.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2) and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XIX - Address Confidentiality Program › Chapter 1 - Address Confidentiality Program › Section XIX-129 - Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants are
				certified as participants for four years following the date of certification
				unless withdrawal or cancellation occurs before the expiration date.
				Participants can renew their certification if they still consider themselves at
				risk by completing another application with an ACP Application Assistant within
				30 days prior to their expiration date. Upon the receipt and approval of a
				completed ACP application, the applicant will be on record as a certified
				program participant and will receive a welcome packet with more detailed
				information.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  44:52(A)(2),
				  R.S.
				  44:53, and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 1 - Program Summary › Section XXI-101 - Background and Authorization

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Part may be
				cited as the Louisiana GUMBO Broadband Grant Program Guide.
B. The Louisiana Office of Broadband
				Development and Connectivity, as authorized by
				R.S.
				51:2370.1-2370.16, provides grants to providers
				of broadband services to facilitate the deployment of broadband service to
				unserved areas of the state. The Granting Unserved Municipalities Broadband
				Opportunities (GUMBO) grant program funds eligible projects, through a
				competitive grant application process, in economically distressed parishes
				throughout the state.
C. The
				application materials, program guidelines, and criteria set forth in this Part
				govern the GUMBO grant program and have been developed based on the enacting
				legislation for the program, Act 477 of the 2021 Regular Legislative Session,
				and amending legislation for the program, Act 288 of the 2022 Regular
				Legislative Session.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2370-2370.16.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 1 - Program Summary › Section XXI-105 - Non-Applicability of other Procurement Law

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				with R.S.
				51:2370.14(C), grants
				solicited and awarded pursuant to the GUMBO grant program shall not be subject
				to the provisions of the Louisiana Procurement Code,
				R.S.
				39:1551 et seq., or the Public Bid Law,
				R.S.
				38:2181 et seq.
B. The procurement method used by the office
				to solicit applications, identify and score product features, cost, and
				technical factors, and award on the basis of best values shall be as set forth
				in Chapters 3 and 4 of this Part.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2370-2370.16.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 3 - Applications › Section XXI-301 - Process Overview

Current through Register Vol. 50, No. 6, June 20, 2024
A. No funding
				shall be disbursed by the GUMBO grant program except pursuant to an application
				submitted in accordance with this Chapter.
B. Applications for the GUMBO grant program
				shall be submitted via the website of the office.
C. The online application process may provide
				for mandatory and optional materials to be submitted with each
				proposal.
D. Prior to the
				publication of an application by the Office pursuant to
				R.S.
				51:2370.4(C), the Office
				shall undertake a preliminary evaluation of the application with due diligence
				to examine whether the application appears on its face to comply with
				applicable program requirements. Until such time as this preliminary evaluation
				is complete, the provisions of
				R.S.
				51:2370.16(3), relative to
				public records, shall apply. Following the preliminary evaluation, applicant
				financials and proprietary or trade secret information, when designated as such
				by the applicant and approved by the office, at its sole discretion, shall be
				exempt from public disclosure.
E.
				Through the evaluation and scoring process, if an applicant or application or
				any associated project are deemed to be technically unviable for any reason,
				including, but not limited to, applicant ability, proposed technology solution,
				financial stability, or any combination thereof, the office shall, at its sole
				discretion, remove the application or project area from consideration for the
				grant program. Any applicant or application or any associated project deemed
				technically unviable in any GUMBO grant application period is eligible to
				reapply in any succeeding GUMBO grant application period.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 51:2370-2370.16.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 3 - Applications › Section XXI-303 - Applications with Multiple Providers or Project Areas

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant may
				submit one application with multiple service providers if the applicant can
				demonstrate how the providers are collaborating to achieve universal coverage
				for the unserved location or area.
B. An applicant may submit an application
				with support from more than one unit of local government.
C. Units of local government may endorse
				multiple applications with different service providers and may include project
				areas that cross jurisdictional boundaries.
1.
				Units of local government that provide letters of support, matching funds, or
				in-kind contributions to any application should provide the same, on a
				percentage basis relative to matching funds and in-kind contributions, to all
				applications proposing the use of like technologies in identical unserved areas
				with access provided to the exact number of prospective broadband recipients
				within its jurisdiction. Should multiple applications propose to serve unserved
				areas within its jurisdiction and include the use of unlike technologies,
				differing unserved areas, or a non-analogous number of prospective broadband
				recipients to be served, as compared against other applications, a local
				government may use reasonable judgement and reserve the right to determine its
				level of support, to include letters of support, matching funds, or in-kind
				contributions, on an application-by-application basis. A unit of local
				government that provides differing levels of support, to include letters of
				support, matching funds, or in-kind contributions, to differing applicants
				proposing one or more projects within its jurisdiction shall provide an
				explanation to the office, at the office's request, as to why the local
				government's differing levels of support do not present an unreasonable or
				undue preference or advantage to itself or to any provider of broadband
				service. If, in the opinion of the office, differing levels of support by a
				unit of local government for differing applications presents an undue or
				unreasonable preference or advantage to itself or to any provider of broadband
				service, the office may disqualify from grant funding consideration any
				application or project area within the jurisdiction of the unit of local
				government.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 3 - Applications › Section XXI-305 - Application Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. As set forth in
				greater detail in §307-315 of this Chapter, each application shall include
				these components:
1. applicant information,
				statement of qualifications, and partnerships;
2. project area and locations to be
				served;
3. technical
				report;
4. project budget(s),
				matching funds, costs, and proof of funding availability;
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 3 - Applications › Section XXI-307 - Application Information, Statement of Qualifications, and Partnerships

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				application shall include:
1. the identity of
				the applicant and its qualifications and experience with the deployment of
				broadband; in addition, the applicant shall include the following:
a. the number of years the applicant has
				provided internet services;
b. a
				history of the number of households and consumers, by year of service, to which
				the applicant has provided broadband internet access, as well as the current
				number of households to which broadband internet access (at least 100:20 Mbps)
				is offered;
c. the number of
				completed internet service infrastructure projects funded, in part, through
				federal or state grant programs, prior to the date of application
				submittal;
d. whether the applicant
				has ever participated in an internet service infrastructure project funded, in
				part, through federal or state grant programs, and if so, for each project, the
				nature and impact of the project, the role of the applicant, the total cost of
				the project, and the dollar amount of federal or state grant funding;
e. the number of penalties paid by the
				applicant, a subsidiary or affiliate of the applicant, or the holding company
				of the applicant, relative to internet service infrastructure projects funded,
				in part, through federal or state grant programs, prior to the date of
				application submittal; and
f. the
				number of times the applicant, a subsidiary or affiliate of the applicant, or
				the holding company of the applicant has ever been a defendant in any federal
				or state criminal proceeding or civil litigation as a result of its
				participation in an internet service infrastructure project funded, in part,
				through federal or state grant programs, prior to the date of application
				submittal.
g. an attestation that
				the applicant has not violated federal or state labor and employment law in the
				previous 10 years;
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 3 - Applications › Section XXI-311 - Technical Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants must
				provide a narrative, technical report detailing the technology/technologies to
				be used in the proposed project to serve prospective broadband recipients at
				their premises. Applicants must indicate the technology that will serve a
				prospective broadband recipient as wired infrastructure or fixed wireless and
				provide aggregated totals for each solution for each project.
B. Reporting requirements for all
				deployments:
1. technical detail of the
				technology/technologies to be used in the proposed project and the broadband
				transmission speeds offered to prospective broadband recipients as a result of
				the project. If it would be impracticable, because of geography, topography, or
				excessive cost to design a broadband infrastructure project that would deliver
				100:100 Mbps, the applicant must provide an explanation. Transmission speeds of
				100:20 Mbps are the minimum allowable under this grant program;
2. if the applicant is claiming points for
				partnerships, the applicant must provide a brief narrative explaining how the
				partnership or affiliation will facilitate deployment and reduce cost per
				prospective broadband recipient. For applications or project areas where the
				nonprofit or not-for-profit partner provides only matching financial support,
				that information can be documented in the budget section within the relevant
				application or project area. The applicant must also provide evidence of a
				formalized agreement, when applicable, as required in
				§307 of this
				Part;
3. if the applicant is
				claiming a partnership, the applicant must provide a brief narrative explaining
				the partnership or affiliation. For applications where a nonprofit or
				not-for-profit partner provides only matching financial support, that
				information can be documented in the budget Section within the relevant
				application. The applicant must also provide evidence of a formalized
				agreement, when applicable, as required in
				§307 of this
				Part;
4. a proposed construction
				timeline and duration of the deployment project period. The deployment project
				period is the time from award of the grant agreement to the time that service
				is available to the targeted prospective broadband recipients under the grant.
				The applicant shall describe deployment roll-out and include the number of
				endusers to be served in each phase, as well as an estimated timeline for each
				phase (10 percent, 35 percent, 60 percent, 85 percent, 100 percent). As it
				relates to the disbursement of grant funding, project completion shall be
				defined as a percentage of the total number of prospective broadband recipients
				proposed to be served by the project;
5. the average distance, in miles, between
				prospective broadband recipients to be served by the project; and
6. a business continuity and disaster
				recovery plan.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 3 - Applications › Section XXI-313 - Project Budget, Matching Funds, Costs, and Proof of Funding Availability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Budget and
				Narrative
1. The project budget should reflect
				all eligible project costs. The project budget should include the minimum
				provider funding match of at least 25 percent, any local government funding
				match from a parish, municipality, and/or school board, or any instrumentality
				thereof, as well as in-kind contributions, and the requested GUMBO grant
				program funding.
2. Matching funds,
				and their associated sources, shall be detailed within the project budget and
				budget narrative. Eligible grant recipients are required to provide at least 25
				percent matching funds of the total proposed project cost to participate in the
				GUMBO grant program. A local government, including a parish, municipality, or
				school board, or any instrumentality thereof, may provide matching funds for a
				project, in addition to the applicant. Local government matching funds are
				optional and not required. There is no limitation on the minimum or maximum
				percentage of a project's total cost that a local government may provide
				through a funding match. In-kind contributions to the project by a local
				government should also be listed in the project budget and budget narrative, if
				applicable.
3. Project funds (GUMBO
				grant funds and matching funds) shall be utilized for the deployment phase of
				the project, not the subsequent years of service. In addition, eligible project
				costs do not include recurring operating or maintenance costs, or sales and
				marketing of services.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part XXI - Granting Unserved Municipalities Broadband Opportunities › Chapter 3 - Applications › Section XXI-315 - Proposed Services, Marketing, Adoption, and Community Support

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				application shall include:
1. a description of
				services to be provided, including the proposed upstream and downstream
				broadband speeds to be delivered and any applicable data caps. Any applicant
				proposing a data cap shall provide justification to the satisfaction of the
				office that the proposed cap is in the public interest and consistent with
				industry standards;
2. the proposed
				advertised speed to be marketed to end-users (broken out by prospective
				broadband recipient);
3. the prices
				of all broadband service packages and the associated broadband transmission
				speeds that will be offered to consumers as a result of the project;
4. a plan to encourage users to connect that
				incorporates, at a minimum, community education forums, multimedia advertising,
				and marketing programs; and
5. any
				low-income household service offerings, digital equity or literacy support, or
				programs or partnerships to provide these services. The applicant should also
				indicate current participation in, or plans to, accept the federal Lifeline
				subsidy.