reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 1 - General Provisions › Section III-119 - Leave to Intervene Necessary

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Persons, other than the original parties to any proceedings, whose interests
				are to be directly and immediately affected by the proceedings, shall secure an
				order from the board or hearing officer appointed by it granting leave to
				intervene before being allowed to participate; provided that the granting of
				leave to intervene in any matter or proceeding shall not be construed to be a
				finding or determination of the board or hearing officer for purposes of court
				review or appeal.
B. Petitions for
				leave to intervene must be in writing and must clearly identify the proceeding
				in which it is sought to intervene. Such petition must set forth the name and
				address of the petitioner and contain a clear and concise statement of the
				direct and immediate interest of the petitioner in such proceedings, stating
				the manner in which such petitioner will be affected by such proceedings,
				outlining the matters and things relied upon by such petitioner as a basis for
				his request to intervene in such cause, and, if affirmative relief is sought,
				the petition must contain a clear and concise statement of relief sought and
				the basis thereof, together with a statement as to the nature and quality of
				evidence petitioner will present if such petition is granted.
C. Petitions to intervene and proof of
				service of copies thereof on all other parties of record shall be filed not
				less than two days prior to the commencement of the hearing. Thereafter, such
				petition shall state a substantial reason for such delay; otherwise, such
				petition will not be considered.
D.
				If a petition to intervene shows direct and immediate interest in the subject
				matter of the proceeding or any part thereof and does not unduly broaden the
				issues, the board may grant leave to intervene or otherwise appear in the
				proceeding with respect to the matters set out in the intervening petition,
				subject to such reasonable conditions as may be prescribed. If it appears
				during the course of a proceeding that an intervenor has no direct or immediate
				interest in the proceeding, and the public interest does not require his
				participation therein, the board may dismiss him from the proceeding.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1376.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 1 - General Provisions › Section III-121 - Default in Answering or Appearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event of the failure of any
				respondent to answer or otherwise appear within the time allowed, and provided
				that the foregoing rules as to service have been complied with, the respondent
				or respondents so failing to answer or otherwise plead to or to appear, shall
				be deemed to be in default, and the allegations of the complaint, petition or
				order to show cause, as the case may be, together with the evidence to support
				the same, shall be entered into the record and may be taken as true and the
				order of the board entered accordingly.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1376.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 1 - General Provisions › Section III-123 - Hearing Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hearing held
				under these rules and regulations shall be conducted by the board, or by its
				designated hearing officer, in accordance with the rules and procedures set
				forth in
				R.S.
				49:956.
1.
				The chairman of the board or the vice chairman in the absence of the chairman
				or the hearing officer assigned to the matter shall announce the title and
				docket number of the proceedings before the board and direct a reading into the
				record of the notice of hearing together with the written appearances of the
				applicant and shall note the subpoenas issued and returns thereon. Attorneys
				and/or other representatives of the applicant shall be recognized along with
				the representatives of the board and other proper parties.
2. The applicant shall then present his
				evidence subject to cross examination by the board and other proper parties in
				those cases where the applicant requested the hearing be held.
3. The board shall then present its evidence
				subject to cross examination by the applicant and other proper
				parties.
4. Where the board has
				called the hearing on its own motion, the order of presentation of evidence
				shall be reversed.
5. The board may
				make an informal disposition of the case by stipulation, agreed settlement,
				consent order or default.
6. The
				board shall render its final decision and order in accordance with
				R.S.
				49:958.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 1 - General Provisions › Section III-125 - Finality of Board's Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				decision of the board shall be final.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1376.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 1 - General Provisions › Section III-127 - Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. An appeal from
				an adverse final decision of the board, as to liability under the Act or the
				amount of such liability or both, may be taken by the aggrieved party provided
				such appeal is filed, pursuant to the provisions of
				R.S.
				23:1378.E, within 30 days after the date
				shown on the written notice of said final decision.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1376.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 1 - General Provisions › Section III-129 - Stenographic Record of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				At the expense of and at the written request made not less than five days prior
				to the date set for the hearing by any person affected by the hearing, the
				board or the person designated by it to hold the hearing shall cause a full
				stenographic record of the proceedings to be made by a competent stenographic
				reporter and, if transcribed, such records shall be made a part of the record
				of the board of the hearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1376.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 1 - General Provisions › Section III-131 - Docket

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a hearing
				is instituted, it shall be assigned a number and entered with the date of its
				filing on a separate page of docket provided for such purpose. The board shall
				establish a separate file for each such docketed case, in which shall be
				systematically placed all papers, pleadings, documents, transcripts, evidence
				and exhibits pertaining thereto, and all such items shall have noted thereon
				the docket number assigned and the date of filing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1376.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 3 - Assessments › Section III-301 - Assessment; Calculation of Rate

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The board shall determine the amount of the total assessment to be collected
				which shall not exceed 125 percent of the disbursements made from the fund in
				the preceding fiscal year.
B. The
				assessment rate shall be calculated by dividing the total assessment by the
				total workers' compensation benefits as reported to the Office of Workers'
				Compensation on Form LDOL-WC-1000.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1376 and
				  R.S.
				  23:1377.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 3 - Assessments › Section III-303 - Assessment; Due Date ; Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Each reporting entity shall be assessed an amount determined by multiplying the
				assessment rate times the total reported workers' compensation benefits paid by
				that entity.
B. The board shall set
				the date that the assessment shall be due and shall provide notice to all
				entities assessed at least 30 days prior to such due date.
C. An assessment notice shall be prepared and
				mailed to each entity filing an annual report and for which an assessment is
				due. The notice shall be sent certified mail, return receipt
				requested.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1376 and
				  R.S.
				  23:1377.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 3 - Assessments › Section III-305 - Assessments-Failure to Pay ; Penalties ; Collection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any entity assessed, shall remit the
				amount of the assessment within 30 days of the date of notice or by the due
				date set forth in the notice if greater than 30 days. The official United
				States Postal Department postmark shall be the basis for determining compliance
				with this requirement.
B. Any
				entity failing to pay by the due date may be assessed a penalty of 20 percent
				of the unpaid assessment for each 30 days, or portion thereof, that the
				assessment remains unpaid.
C.
				Payments received by the office shall be applied first to penalties assessed
				and then to the outstanding second injury fund assessment.
D. The assessment and/or penalties imposed
				pursuant to this Section shall be pursued for collection by the procedures used
				for collection of an open account.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1376 and
				  R.S.
				  23:1377.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 3 - Assessments › Section III-307 - Ineligibility for Reimbursement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any entity required by law to make an annual payment or payments into the fund,
				but which has not made such annual payment or payments, shall be ineligible for
				reimbursement from the fund for injuries occurring during such period of
				nonpayment of assessment.
B. Except
				as provided in
				R.S.
				23:1378(A)(7), any entity
				that is not required by law to make an annual payment or payments into the fund
				shall be ineligible for reimbursement from the fund.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1376 and
				  R.S.
				  23:1377.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 5 - Forms › Section III-501 - Request for Reimbursement; Form B

Current through Register Vol. 50, No. 6, June 20, 2024
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AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1310.1 and
				  R.S.
				  23:1293.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part III - Workers' Compensation Second Injury Board › Chapter 5 - Forms › Section III-502 - Louisiana Workers' Compensation Second Injury Board Post-Hire/Conditional Job Offer Knowledge Questionnaire; Form D

Current through Register Vol. 50, No. 6, June 20, 2024
LOUISIANA WORKERS COMPENSATION SECOND INJURY BOARD
				  POST-HIRE/CONDITIONAL JOB OFFER KNOWLEDGE QUESTIONNAIRE
EMPLOYEE
: The intent of this
				  questionnaire is to provide your employer with knowledge about any pre-existing
				  medical condition or disability which may entitle your employer to
				  reimbursement from the Louisiana Workers Compensation Second Injury Board in
				  the event you suffer an on-the-job injury.1 This
				  reimbursement in no way affects the benefits owed to you by your employer or
				  its insurance company under the Louisiana Workers Compensation Act. La.
				  R.S.
				  23:1021-1361. However, your failure to answer
				  truthfully and/or correctly to any of the question on this questionnaire may
				  result in a forfeiture of your workers compensation benefits.
In order for your employer to be considered for reimbursement
				  from the Second Injury Board, it has to show that it knowingly hired or
				  retained you with a pre-existing medical condition or disability. To establish
				  its knowledge, your employer is requesting that this questionnaire be
				  completed.
INSTRUCTIONS
: Please answer ALL
				  questions completely. If a response requires an explanation, please provide a
				  brief description on the Explanation Page. If you have any questions or need
				  help in answering the questions on this form, please ask for assistance from
				  the Employer Representative signing this form.
NOTE
: Since this questionnaire
				  contains medical information, you can request that the form be kept
				  CONFIDENTIAL and not made part of your personnel file. Please let your employer
				  know that you want the completed questionnaire placed in a sealed folder for
				  confidentiality purposes.
EMPLOYEE WARNING
FAILURE TO ANSWER TRUTHFULLY AND/OR CORRECTLY TO ANY OF
				  THE QUESTIONS ON THIS FORM MAY RESULT IN A FORFEITURE OF YOUR WORKERS
				  COMPENSATION BENEFITS UNDER La.
				  R.S.
				  23:1208.1.
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AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  23:1291 and
				  R.S.
				  23:1378.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-101 - Office and Officers of the Board of Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of the Board of Review,
				  hereinafter referred to as "the board," shall be domiciled in the Office of
				  Regulatory Services Administrative Office Building in Baton Rouge,
				  Louisiana.
B. The board shall elect
				  a chairman, vice-chairman and secretary, from its membership, all of whom shall
				  serve at the pleasure of the majority of the board. The chairman shall not be
				  denied any right of membership.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-103 - Time and Place of Meeting of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. All meetings of the board shall be called
				  by the chairman or by a majority of the board. The chairman shall notify the
				  members of the board of any meeting in writing at least three days in advance,
				  unless such notice is waived by the members. All meetings shall be held at the
				  office of the board, or at any place within the state designated in the
				  call.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-105 - Quorum

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				  otherwise expressly provided in these rules, two members of the board shall
				  constitute a quorum, until January 1, 1989, at which time three members will
				  constitute a quorum, as per Act
				  R.S.
				  23:1652 of the 1988 Regular Session of
				  Louisiana Legislature. In the absence of the chairman, the vice-chairman shall
				  act as chairman.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-107 - Computation of Time-Saturdays, Sundays and Holidays

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever these rules prescribe a time for
				  the performance of any act, Saturdays, Sundays and legal holidays (half holiday
				  is considered a legal holiday) in the state of Louisiana shall count as any
				  other days, except that when the time prescribed for the performance of an act
				  expired on a Saturday, Sunday or a legal holiday in Louisiana, such time shall
				  extend to and include the next succeeding day that is not a Saturday, Sunday or
				  such legal holiday, provided that, when the time for performing any act is
				  prescribed by statute, nothing in these rules shall be deemed to be a
				  limitation or extension of the statutory time fixed.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-109 - Appeals to the Appeals Tribunal and Board of Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. The party appealing from the agency's
				  initial determination shall file a written appeal, setting forth information
				  required therein within 15 days after date notification was given or was mailed
				  to his last known address.
B. It is
				  hereby further provided that any communication written by claimant or employer
				  to the Louisiana Workforce Commission or the board disputing the determination
				  or appeal decision may be accepted as an appeal, provided said written
				  communication is received by any office of the Louisiana Workforce Commission
				  or by the board within 15 days after notification, was given or was mailed to
				  his last known address.
C. Legal
				  holidays and days on which the Louisiana Workforce Commission is closed shall
				  not serve to extend the delay periods specified in
				  R.S.
				  23:1629 and
				  R.S.
				  23:1630.
D. Proof of the timeliness of mailing a
				  request for appeal shall be shown only by the date indicated on the electronic
				  transmission, by a legible official United States postmark, or by official
				  receipt or certificate from the United States Postal Service made at the time
				  of mailing which indicates the date thereof. In the event that the date of the
				  electronic transmission or postmark is absent, illegible, or manifestly
				  incorrect, the date that the request is received in the Appeals Tribunal or
				  Board of Review office shall determine whether the appeal was timely
				  filed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-111 - Notice of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. A notice of
				  hearing shall be mailed to all parties to the appeal at least seven days prior
				  to the date of the hearing, specifying the place, date and time of the
				  hearing.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1631.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-113 - Postponements, Continuances, Reopenings, and Rehearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Continuances or Postponements
1. A scheduled hearing may be postponed or
				  continued by the administrative law judge for good cause, either upon his own
				  motion or upon a showing of good cause by written request of a party, submitted
				  to the administrative law judge whose name and address appear on the notice of
				  hearing. Written notice of the time and place of a postponed or continued
				  hearing shall be given to the parties or their named representatives.
2. The administrative law judge shall provide
				  written denial to any party whose written request for postponement or
				  continuance is received after his decision has been mailed. The requesting
				  party shall also be provided written notice of his right either to file written
				  request of a reopening of hearing before the administrative law judge within
				  seven days from the date of mailing of the decision on the claim or to file
				  further appeal to the Board of Review under
				  §109 and
				  §125 The
				  untimely request for postponement or continuance shall not itself be treated as
				  an appeal of the decision to the Board of Review. An appeal may also be timely
				  filed by a party before the Board of Review under
				  §109 and
				  §125 after a
				  written response to the request for reopening is issued by the administrative
				  law judge.
3. Any such request of a
				  party and response of the administrative law judge shall be incorporated in the
				  case file.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-115 - Conduct of Hearing before Administrative Law Judge

Current through Register Vol. 50, No. 6, June 20, 2024
A. The administrative law judge shall preside
				  over the hearing. All testimony shall be given under oath or affirmation. The
				  administrative law judge shall have the right to question and cross-examine all
				  witnesses. Each party to the appeal, or their representatives, shall have the
				  right to question their own witnesses and to cross-examine the opposing parties
				  and witnesses.
B. Only testimony
				  pertinent to the issue involved in the appeal shall be admitted by the
				  administrative law judge.
C.
				  Technical rules of evidence need not be complied with so long as all parties
				  are given an opportunity to fully present their case.
D. Hearsay testimony is admissible, but may
				  only be considered by the administrative law judge in making his decision to
				  substantiate or corroborate other direct evidence.
E. Expunged criminal records shall not be
				  deemed admissible evidence.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-117 - Authority to Separate Witnesses (Placing Witnesses under the Rule)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Either party or
				  the administrative law judge may require that a witness may be excluded from
				  the hearing room. Witnesses who are excluded from the hearing shall be
				  instructed not to discuss the case with anyone except the attorney or
				  representative of the party on whose behalf they have been called. This shall
				  not apply to the parties to the appeal or their attorney or
				  representative.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-119 - Additional Testimony

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  administrative law judge may take such additional testimony as he deems
				  necessary for a fair determination of the issues upon notice to all parties to
				  the appeal as provided in
				  §111
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-121 - Stipulation of Facts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parties to an
				  appeal, with consent of the administrative law judge, may jointly stipulate the
				  facts, in advance, in writing, or at the hearing. The administrative law judge
				  may decide the appeal on the basis of the stipulation or, if he deems
				  necessary, he may hold a hearing and take further testimony after giving notice
				  as provided in
				  §111
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-123 - Decision of Administrative Law Judge

Current through Register Vol. 50, No. 6, June 20, 2024
A. The administrative law judge shall render
				  a decision as soon as reasonably possible on all issues involved. This decision
				  will be in writing and will contain a statement of the facts found, the reasons
				  therefor, and the conclusion reached. Copies of the administrative law judge's
				  decision will be mailed to the parties to the proceeding, as defined in
				  §113
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-125 - Appeals to Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party
				  aggrieved by the decision of the administrative law judge may, within the time
				  and the manner specified in §109, file an application for appeal to the
				  board.
B. Upon receipt thereof, the
				  board may, on the basis of the evidence previously submitted to the
				  administrative law judge, affirm, modify, or reverse the findings and
				  conclusions of the administrative law judge.
C. If the board deems it necessary to take
				  additional evidence or decides to hear oral argument, a hearing shall be fixed
				  and all parties shall be notified thereof as provided in
				  §111
D. The board may, at its discretion, remand
				  the case to the administrative law judge for the taking of such additional
				  evidence as the board may direct. Notice thereof shall be given as provided in
				  §111
E. Either party may submit written briefs to
				  the board for its consideration at any time before the case is taken under
				  advisement.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-127 - Notification of Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  applications for appeals shall be acknowledged and the opposing party shall be
				  duly notified.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-129 - Decision of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall,
				  as soon as possible, announce its decision, including its findings of fact and
				  conclusions in support thereof, or it may adopt the decision of the
				  administrative law judge as its own.
B. The decision shall be in writing and shall
				  be signed by the members of the board who considered the appeal. If the
				  decision is not unanimous, the decision of the majority shall control.
				  Dissenting opinions may be filed setting forth the reason for dissent. Copies
				  of the board's decision will be mailed to the parties as defined in
				  §113
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-131 - Issuance of Subpoenas

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requests for
				  subpoenas must be submitted in writing. They shall contain the name and address
				  of the witness and a statement of what is intended to be proven by his or her
				  testimony. Such request must be received by the administrative law judge or
				  board at least 72 hours prior to the time for which the hearing is scheduled.
				  If a request is timely made but service is not perfected or cannot be perfected
				  in time for the appearance of the witness, this shall be grounds for a
				  postponement.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-133 - Representation before the Administrative Law Judge and Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any individual may appear for himself,
				  and/or may be represented by counsel or other duly authorized agent, in any
				  proceeding before the administrative law judge or board. Any partnership may be
				  represented by any of its members or a duly authorized representative. Any
				  corporation or association may be represented by an officer or a duly
				  authorized representative.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-135 - Disqualification of Representative

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The administrative law judge or the board may refuse to allow any person to
				  represent others in any proceeding before them whom they find guilty of
				  contumacy or unethical conduct, or who intentionally and repeatedly fails to
				  observe the pertinent provisions of the Louisiana Employment Security Law,
				  R.S.
				  23:1471, et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 1 - General Provisions › Section IV-137 - Availability of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. Copies of these
				  rules shall be made available at all area offices of the Office of Regulatory
				  Services and may be inspected by any interested party. Copies of these rules
				  may be requested from the board by parties having need thereof.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 97 of 1936 as
					 amended.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-301 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. By virtue of the
				  authority vested in the administrator of the Louisiana Workforce Commission of
				  the state of Louisiana by the Louisiana Employment Security Law,
				  R.S.
				  23:1471-1713 (Act 97 of 1936), as amended, and
				  in order to establish uniform procedure under said law, the following
				  regulations have been and are adopted and prescribed and all other regulations
				  now in effect are hereby rescinded, but remain in full force and effect
				  relative to all matters arising prior to the effective date of the hereinafter
				  prescribed and adopted regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-303 - Training of Administrative Law Judges

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to participation in any claim
				  resolution, newly hired administrative law judges will participate in web-based
				  and/or in-person training on: agency policy and precedent, benefits analysis,
				  the unemployment insurance system, the appeals process, and the proper methods
				  for conducting hearings and writing decisions according to federal quality
				  standards.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1653 et
					 seq.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-305 - Posting of Cards, Statements and Material Relating to the Louisiana Employment Security Law, R.S. 23:1471-1713 as Amended

Current through Register Vol. 50, No. 6, June 20, 2024
A. All employers shall follow the
				  instructions issued them by the administrator relative to the posting and
				  maintaining in prominent locations in their places of business where they may
				  be read by the public and all workers, such cards, statements and materials
				  relating to unemployment compensation as are prescribed by the
				  administrator.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-307 - Contributions, Interest, Mailing Date of Contributions and Contribution Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Accrual and
				  Due Date of Contributions. Contributions due on wages paid shall become due and
				  shall be paid on or before the last day of the month following the calendar
				  quarter in which such contributions accrue.
B. Interest. Interest prescribed by law on
				  all overdue contributions shall accrue on or after the day following the due
				  date on any contribution payments up to and including the date of
				  payment.
C. Accrual and Due Date of
				  Contributions by Employers Who Become Subject within the Calendar Year
1. With respect to contributions due on wages
				  paid, the first contribution payment of an employing unit which becomes an
				  employer under the Louisiana Employment Security Law at any time during the
				  calendar year, shall become due on, and shall be paid on or before the last day
				  of the month following the calendar quarter in which such employing unit
				  becomes an employer.
2. The first
				  contribution payment of an employer becoming liable during a calendar year
				  shall include all contributions with respect to wages paid for employment
				  occurring on and after January 1 of the calendar year up to and including the
				  end of the calendar quarter in which the employing unit becomes an employer.
				  The first contribution payment of an employing unit which (voluntarily) elects
				  with the written approval of the administrator to become an employer shall
				  accrue at the end of the calendar quarter with respect to wages for employment
				  occurring on and after the date on which such election was approved, and shall
				  be due and paid on or before the last day of the calendar month following the
				  calendar quarter during which the conditions of becoming an employer are
				  satisfied.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-311 - Instructions on Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  employing unit shall comply with instructions pertaining to the contents and
				  due date of any report issued or required by the administrator.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-313 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each employing
				  unit shall establish records with respect to employment performed for it as
				  hereinafter indicated and shall preserve such records, including those now
				  existing for a period of not less than five years after the calendar year in
				  which the remuneration with respect to such services was paid.
1. For each worker:
a. name;
b. Social Security number;
c. place in which his services are performed,
				  or if there is no one such place, then his base of operations;
d. date on which he was hired, rehired, or
				  returned to work after temporary lay-off and date separated from
				  work;
e. his remuneration paid for
				  employment occurring on or after July 1, 1940, and period from which payable,
				  showing separately:
i. cash remuneration,
				  including special payments;
ii.
				  reasonable cash value or remuneration in any medium other than cash, including
				  special payments; and
iii. special
				  payments, included in
				  §313.
				  A.1.a and b (any payments such as bonuses,
				  gifts, etc.) and the year in which the services for which the payments were
				  made were rendered;
f.
				  amounts paid him as allowance or reimbursement for traveling or other business
				  expenses, and period for which payable; and
g. if he is paid:
i. on a salary basis, his wage rate, and
				  period covered by such rate;
ii. on
				  fixed hourly basis, his hourly rate and customary scheduled hours per
				  week;
iii. on fixed daily basis,
				  his daily rate and customary scheduled days per week; or
iv. on piece rate or other variable pay
				  basis, method by which his wages are computed.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-317 - Employer Registration When Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any employing unit who pays wages to a
				  worker within this state, or who pays wages to a worker for work performed in
				  this state, or pays wages to a worker who is domiciled in this state, must,
				  within 30 days of the first payment to a worker in this state or for work
				  performed in this state, register as an employer with the Louisiana Workforce
				  Commission.
B. The employing unit
				  must register regardless of whether it:
1. has
				  registered in another state;
2.
				  files contribution reports in another state;
3. believes it is an employer subject to the
				  Louisiana Employment Security Law;
4. pays contributions in another state;
				  or
5. believes its workers are
				  independent contractors.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-319 - Identification of Workers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  worker engaged in employment for an employer shall procure a federal Social
				  Security account number and report it to every employer by whom he is
				  employed.
B. Each employer shall
				  ascertain the federal Social Security account number of each worker employed by
				  him in employment subject to the Louisiana Employment Security Law. Each
				  employer shall report the federal Social Security account number card in any
				  report required by the administrator with respect to a worker.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-323 - Separation Notices

Current through Register Vol. 50, No. 6, June 20, 2024
A. Individual
				  Separation Notices
1. Under Conditions Which
				  May Disqualify. Whenever a worker is separated from his employment permanently
				  or for an indefinite period or for an expected duration of seven or more days,
				  under conditions which may disqualify him for benefits pursuant to the
				  provisions of
				  R.S.
				  23:1601, his employer shall within three days
				  after such separation give him, or if such delivery is impossible or
				  impracticable, mail to his last known address a separation notice alleging
				  disqualification on which the employer has entered the required information.
				  Within the same period of time, the employer shall send a copy of such
				  separation notice, certified by himself or his duly authorized agent, to the
				  administrator.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-324 - Reply to Notice of Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
				  the employer or the employer's agent receives the notice specified by
				  R.S.
				  23:1624 of a claimant's eligibility for
				  benefits or other notice that an application for benefits has been made; the
				  employer or employer's agent shall, within the time specified in the notice
				  examine the notice against the claimant's record and shall reply to the notice.
				  The reply shall either protest or indicate no known cause to protest a decision
				  granting eligibility or otherwise shall inform the department of any known
				  facts bearing on a determination whether benefits shall be granted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-325 - Definitions of Week

Current through Register Vol. 50, No. 6, June 20, 2024
A. The term:
1.
week
- a
calendar week
;
2.
calendar week
- the seven consecutive days commencing at
				  12:01 a.m. on Sunday and ending at midnight on Saturday.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-327 - Types of Unemployment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Total
				  Unemployment. A totally unemployed individual is one who, during any week,
				  performs no services and in which no wages are payable to him.
B. Partial Unemployment
1. A partially unemployed individual is one
				  who, during a particular week, earned less than his weekly benefit amount, was
				  employed by a regular employer, and worked less than his normal customary
				  full-time hours for such regular employer because of lack of full-time
				  work.
2. A regular employer is an
				  employer by whom the individual is employed on a regular basis with a
				  reasonable expectation of continuance in that employment and from whom the
				  individual derives the predominant or substantial part of his
				  earnings.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-329 - Registration for Work and Claims for Benefits for Total and Part-Total Unemployment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Claims
				  for benefits for total or part-total unemployment shall be made on forms
				  prescribed by the administrator for that purpose. In order to claim benefits or
				  waiting period credits for unemployment, an individual shall:
1. file a claim for benefits.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-331 - Registration for Work and Claims for Benefits for Partial Unemployment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Employer
				  Responsibility in the Initiation of a First Claim for Partial Benefits in a
				  Benefit Year
1. Immediately after the
				  termination of any calendar week in which a worker earned less than 60 percent
				  of his customary full-time weekly wage due to lack of work, his employer shall
				  give such worker a low earnings report form, application for partial benefits,
				  setting forth therein the information required of the employer. If such worker
				  completes and returns the low earnings report form to his employer, such
				  employer shall promptly mail or otherwise transmit such form to the Louisiana
				  Workforce Commission.
2. Upon
				  receipt of the low earning report form, the Louisiana Workforce Commission
				  shall promptly notify such worker named therein of his potential rights to
				  partial benefits and shall notify his employer of such worker's weekly benefit
				  amount and benefit year ending date. Upon receipt thereof, such employer shall
				  record such weekly benefit amount and benefit year ending date upon his payroll
				  records.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-335 - Witness Fees in Appeal Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  witness attending an appeal hearing in obedience to
				  R.S.
				  23:1631 shall be reimbursed his necessary
				  traveling expenses in conformity with agency travel regulations. The regulation
				  shall not be construed as allowing witness fees or mileage to any party
				  interested in the appeal.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-337 - Payment of Benefits and Change of Address

Current through Register Vol. 50, No. 6, June 20, 2024
A. Benefit payments shall be made to the
				  claimant by electronic funds transfer to his bank account, by debit card,
				  check, or other electronic means. Supplemental payments may, in the discretion
				  of the administrator, be made by check, automatic clearing house (ACH), or
				  electronic funds transfer after determination of the individual's eligibility
				  for payment.
B. Each claimant, upon
				  changing his address, shall immediately notify the Louisiana Workforce
				  Commission of such change.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.
Louisiana Administrative Code › Title 40 - LABOR AND EMPLOYMENT › Part IV - Employment Security › Subpart 1 - Board of Review › Chapter 3 - Employment Security Law › Section IV-339 - Interstate Claims

Current through Register Vol. 50, No. 6, June 20, 2024
A. Interstate
				  claims will be administered under arrangements entered into by the
				  administrator with the appropriate agencies of other states or of the United
				  States in accordance with
				  R.S.
				  23:1666 of the Louisiana Employment Security
				  Law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 23:1471-1713.