reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter D - Disciplinary Proceedings › Section LIV-375 - Disciplinary Process and Procedures [Formerly Section 329]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of the following rules is to
					 supplement and effectuate the applicable provisions of the Louisiana
					 Administrative Procedure Act, R.S. 49:950 and following, regarding the
					 disciplinary process and procedures. These rules are not intended to amend or
					 repeal the provisions of the Louisiana Administrative Procedure Act, and, to
					 the extent any of these rules are in conflict therewith, the provisions of the
					 Louisiana Administrative Procedure Act shall govern.
B. A disciplinary proceeding, including the
					 formal hearing, is less formal than a judicial proceeding. It is not subject to
					 strict rules and technicalities, but must be conducted in accordance with
					 considerations of fair play and constitutional requirements of due
					 process.
C.The purpose of a
					 disciplinary proceeding is to determine contested issues of law and fact;
					 whether the Respondent did certain acts or omissions and, if he did, whether
					 those acts or omissions violated the Practice Act or board rules; and to
					 determine the appropriate disciplinary action.
D. Pursuant to
					 45 CFR
					 60.1, the board is required to report certain
					 information, including final adverse actions it has taken against its
					 licensees, to the NPDB. The board may designate an agent to act on its behalf
					 to report information and submit queries to the NPDB as required by federal
					 law, as may be amended from time-to-time.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:2420 and Act 535 of
						2009.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter D - Disciplinary Proceedings › Section LIV-377 - Initiation of Complaints [Formerly Section 331]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Complaints may be initiated by any person
					 or by the board on its own initiative. A licensee is obligated to report to his
					 supervisor or employer, and to the board, violations of the Practice Act, board
					 rules or the minimal standards of acceptable and prevailing physical therapy
					 practice as defined in
					 §123
B. Failure by a licensee to report such
					 violations to his supervisor or employer and to the board may subject the
					 licensee to disciplinary action.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:2420 and Act 535 of
						2009.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter D - Disciplinary Proceedings › Section LIV-379 - Emergency Action [Formerly Section 343]

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with
					 R.S. 49:961,
					 if the board finds that public health, safety, and welfare require emergency
					 action and incorporates a finding to that effect in its order, a summary
					 suspension of a license may be ordered pending proceedings for suspension,
					 revocation or other action. Such proceedings shall be promptly instituted and
					 determined.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:2420 and Act 535 of
						2009.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter D - Disciplinary Proceedings › Section LIV-383 - Failure to Respond or Cooperate with the Board [Formerly Section 341]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensees shall
					 cooperate with and assist the board in carrying out its duties. A licensee
					 shall, among other matters:
1. respond or
					 provide information or items requested, respond to a subpoena, comply to a
					 request for a meeting, or complete an evaluation within the time designated by
					 the board or its staff;
2. not
					 attempt to influence the board, its members, staff or agents by means of
					 intimidation, falsehoods or other means prohibited by law;
3. not contact members of the board directly
					 or through others during the pendency of a complaint in an attempt to influence
					 the outcome of an investigation or disciplinary proceeding; and
4. not contact or attempt to contact a
					 complainant or witness for purposes of intimidation or harassment regarding a
					 complaint or an investigation by the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter D - Disciplinary Proceedings › Section LIV-385 - Monitoring of Licensees

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 Respondent who is required by board order to provide information or perform
					 certain acts will be monitored by a board representative to ensure that the
					 requirements imposed by the board order are met.
B. Respondents working under a board order
					 resulting from disciplinary proceedings shall provide to the executive director
					 their preferred telephone and/or email address for expedited communications
					 regarding compliance with board orders. Once designated by the Respondent, all
					 communication regarding compliance shall be directed by board representatives
					 to that telephone number or email address and the Respondent shall be
					 responsible for responding to such communications within four hours of the time
					 the message was sent to the designated telephone number or email address.
					 Failure of the Respondent to respond to the board representative within four
					 hours shall be grounds for disciplinary action against the Respondent. If the
					 Respondent desires to change the designated means of communication, they shall
					 do so in writing sent to the executive director.
AUTHORITY NOTE:
						Promulgated in accordance with La
						R.S.
						37:2405.A and Act 535 of
						2009.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter D - Disciplinary Proceedings › Section LIV-389 - Issuance of Subpoenas [Formerly Section 337]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chairman, or an authorized agent of
					 the board, shall issue subpoenas on behalf of the board for disciplinary
					 proceedings and when requested to do so, may issue subpoenas for
					 respondent.
B. Subpoenas include:
1. a subpoena requiring a person to appear
					 and give testimony; and
2. a
					 subpoena duces tecum, which requires that a person produce books, records,
					 correspondence, or other materials over which he has control.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter D - Disciplinary Proceedings › Section LIV-391 - Conduct of Hearing [Formerly Section 337]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The hearing shall be convened by the board
					 chair or acting board chair at the time, date and place provided in the notice
					 to respondent, at which time the board's primary role is to receive evidence
					 and argument, and to reach a decision. Any board member, who, because of bias
					 or interest, is unable to provide a fair hearing, shall be recused from the
					 particular proceeding. The reasons for the recusal are made part of the record.
					 Should the majority of the board members be recused for a particular
					 proceeding, the governor shall be requested to appoint a sufficient number of
					 pro tem members to provide a quorum for the proceeding in accordance with
					 R.S.
					 49:960 B.
B. Any objection to the composition of the
					 hearing panel or the qualifications of any member of the hearing panel shall be
					 made and ruled on by the chair before any evidence is received.
C. The board shall be represented by its
					 investigating board member who has conducted the investigation and by its
					 prosecuting attorney who presents evidence to support the charges contained in
					 the administrative complaint.
D.
					 Respondent may present evidence personally or through an attorney, and
					 witnesses may testify on his behalf.
E. Evidence includes the following:
1. oral testimony given by witnesses at the
					 hearing, except that, for good cause, testimony may be taken by deposition. The
					 cost of such deposition shall be borne by the requesting party;
2. documentary evidence, such as written or
					 printed materials including public, business or institutional records, books
					 and reports;
3. visual, physical
					 and illustrative evidence;
4.
					 admissions, which are written or oral statements of the respondent a party made
					 either before or during the hearing; and
5. facts officially noted into the record,
					 usually readily determined facts making proof of such unnecessary.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter D - Disciplinary Proceedings › Section LIV-392 - Order of Hearing [Formerly Section 337]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless respondent is notified otherwise no
					 less than 72 hours prior to the beginning of the hearing, the order of
					 proceedings shall be as follows:
1. the
					 board's representative makes an opening statement of what he intends to prove,
					 and what action is sought from the board;
2. the respondent or his attorney makes an
					 opening statement, explaining why he believes that the charges against
					 respondent are not legally founded;
3. the board's representative presents the
					 evidence against the respondent;
a. which
					 evidence may include, but is not limited to, all evidence admissible pursuant
					 to
					 R.S.
					 49:956(2) and (3);
b. as part of the boards case in chief, the
					 boards representative may call the respondent under cross
					 examination;
4. the
					 respondent or his attorney cross examines;
5. the respondent presents evidence;
a. which evidence may include, but is not
					 limited to, all evidence admissible pursuant to
					 R.S.
					 49:956(2) and
					 (3);
6. the board's representative cross
					 examines;
7. the board's
					 representative rebuts the respondent's evidence;
8. the respondent surrebuts the evidence
					 against him;
9. each party makes
					 closing statements. The board's representative makes the initial closing
					 statement and the final statement; and
10. motions may be made before, during, or
					 after a hearing. All motions shall be made at an appropriate time, according to
					 the nature of the request. Motions made before a hearing or after the hearing
					 pursuant to §396, shall be in writing. Those made during the course of the
					 hearing may be made orally since they become part of the record of the
					 proceeding.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter D - Disciplinary Proceedings › Section LIV-393 - Decision of the Board [Formerly Section 337]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The decision of the board shall be reached
					 in the following manner:
1. determine the
					 facts established by the evidence presented in the hearing;
2. determine whether the facts in the case
					 support the charges brought against the respondent; and
3. determine whether charges brought are a
					 violation of the Practice Act or board rules.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter D - Disciplinary Proceedings › Section LIV-395 - Record of the Hearing [Formerly Section 337]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The record of the hearing shall include:
1. all papers filed and served in the
					 proceeding;
2. all documents and
					 other materials accepted as evidence at the hearing;
3. statements of matters officially
					 noticed;
4. notices required by the
					 statutes or rules, including notice of the hearing;
5. affidavits of service or receipts for
					 mailing or process or other evidence of service;
6. stipulations, settlement agreements or
					 consent orders, if any;
7. records
					 of matters agreed upon at a prehearing conference;
8. reports filed by the hearing officer, if
					 one is used;
9. orders of the board
					 and its final decision;
10. actions
					 taken subsequent to the decision, including requests for reconsideration and
					 rehearing; and
11. a transcript of
					 the proceedings, if one has been made, or a tape recording or stenographic
					 record.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter E - Post-Adjudication Remedies › Section LIV-396 - Reconsideration of Decisions [Formerly Section 337]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A petition by a party seeking
					 reconsideration or rehearing must be in proper form and filed within ten days
					 after notification of the board's decision. The petition shall set forth the
					 grounds for the rehearing, which shall include one or more of the following:
1. the board's decision is clearly contrary
					 to the law and evidence;
2. there
					 is newly discovered evidence by the party since the hearing which is important
					 to the issues and which the party could not have discovered with due diligence
					 before or during the hearing;
3.
					 there is a showing that issues not previously considered ought to be examined
					 in order to dispose of the case properly; or
4. it would be in the public interest to
					 review and further consider the issues and the evidence.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter E - Post-Adjudication Remedies › Section LIV-397 - Judicial Review of Adjudication [Formerly Section 345]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any respondent whose license has been
					 revoked, suspended, denied or otherwise sanctioned by the board has the right
					 to have the proceedings of the board reviewed by the state district court
					 having jurisdiction over the board, provided that such petition for judicial
					 review is filed within 30 days from mailing of the notice of the decision of
					 the board. If judicial review is granted, the board's decision is enforceable
					 in the interim unless the court orders a stay.
AUTHORITY
						NOTE: Promulgated in accordance with
						R.S.
						37:2405.B (10) and Act 535 of
						2009.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 2 - Practice › Chapter 3 - Practice › Subchapter E - Post-Adjudication Remedies › Section LIV-399 - Appeal [Formerly Section 347]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A respondent aggrieved by any final
					 judgment rendered by the state district court may obtain a review of said final
					 judgment by appeal to the appropriate circuit court of appeal. Pursuant to the
					 applicable Section of the Louisiana Administrative Procedure Act, La
					 R.S. 49:965,
					 this appeal shall be taken as in any other civil case.
AUTHORITY NOTE:
						Promulgated in accordance with La
						R.S.
						37:2420 and Act 535 of
						2009.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIV - Physical Therapy Examiners › Subpart 3 - Fees › Chapter 5 - Fees › Section LIV-501 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. application-$250;
2. re-instatement-$75;
3. renewal of license, per
				  year-$140;
4. license
				  verification-$40;
5. duplicate
				  wall license-$50;
6. duplicate
				  wallet license-$20;
7. CE review
				  (courses <8 hrs)-$100;
8. CE
				  review (courses 8+ hrs)-$150;
9.
				  late renewal of license-$400;
10.
				  licensee course review-$20.
11.
				  mailing list-$250 maximum;
12.
				  compact state fee-$95.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 1 - Introductory Information › Section LV-103 - Gender and Meaning

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever any
				words are used in these regulations in the masculine gender, they shall also be
				construed to include the feminine gender in all situations where they would so
				apply; and whenever any words are used in the singular, they shall also be
				construed to include the plural in all situations where they would so apply and
				wherever any words are used in the plural, they shall also be construed to
				include the singular.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1377 and
				  R.S.
				  37:1366.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 3 - Licenses › Section LV-305 - Requirements to Take Exam for Journeyman Plumber's License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requirements
1. An applicant for journeyman plumber's
				examination shall be registered as an apprentice with the board and have
				performed 8,000 hours as an unindentured apprentice or 7,000 hours as an
				indentured apprentice of manual labor of plumbing under the direct, constant
				on-the-job supervision of a licensed plumber as defined in §101, by way of
				official payroll documentation or W-2's with an accompanying paycheck
				stub.
2. He shall have sufficient
				education to read and write the answers to the examination questions and shall
				understand the plumbing terms used in the sanitary code adopted by the
				Department of Health and Hospitals in regard to the installation or repair of
				plumbing.
3. He shall furnish a
				2-inch by 2-inch photograph of himself with the application.
4. He shall submit his application and
				required documents to the office of the state Plumbing Board of Louisiana not
				less than 30 days before any scheduled examination. The board shall inform all
				interested persons of the examination schedule.
5. He must attach a money order or check for
				the appropriate fee to the application. The fee is established in
				§309
6. No master plumber
				certificate shall permit any master plumber to do the work of a journeyman
				plumber.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 3 - Licenses › Section LV-306 - Requirements to Take Exam for Master Plumber License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requirements
1. An applicant for master plumber
				examination shall have a current journeyman plumber license issued by the
				board, or the applicant shall possess a current license issued by the State
				Board of Registration for Professional Engineers and Land Surveyors certifying
				or registering him as a professional engineer. A registered or certified
				professional engineer must further have experience in the art of plumbing as
				defined in
				R.S.
				37:1377.D for a period of five
				years.
2. In all cases the
				applicant shall have sufficient knowledge and understanding to comprehend,
				interpret, and apply the sanitary code relative to plumbing adopted by the
				Louisiana Department of Health and Hospitals. In this regard, he must possess
				sufficient knowledge to plan and lay out plumbing systems. He must also possess
				knowledge and understanding to comprehend business and legal terms of the
				business of plumbing.
3. The
				applicant shall furnish a 2-inch by 2-inch photograph of himself with the
				application.
4. He shall submit his
				application and required documents to the office of the state Plumbing Board of
				Louisiana not less than 30 days before any scheduled examination. The board
				shall inform all interested persons of the examination schedule.
5. He must attach a money order or check for
				the appropriate fee to the application. The fee is established in
				§309
6. He must attach a money
				order or check for the appropriate fee to the application. The fee is
				established in §309
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 3 - Licenses › Section LV-307 - Requirements to Take Exam for Gas Fitter's License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requirements
1. An applicant for gas fitter's examination
				shall be a registered apprentice with the board and have performed 4,000 hours
				as an unindentured apprentice or 3,000 hours as an indentured apprentice of
				manual labor of gas fitting in that two-year training period under the direct,
				constant on-the-job supervision of a licensed gas fitter as defined in
				§101, by way of official payroll documentation or W-2's with an
				accompanying paycheck stub.
2. He
				shall have sufficient education to read and write the answers to the
				examination questions and shall understand the gas fitting terms used in the
				code acceptable to the authority having jurisdiction in regard to the
				installation or repair of gas fitting.
3. He shall furnish a 2-inch by 2-inch
				photograph of himself with the application.
4. He shall submit his application and
				required documents to the office of the State Plumbing Board of Louisiana not
				less than 30 days before any scheduled examination. The board shall inform all
				interested persons of the examination schedule.
5. He must attach a money order or check for
				the appropriate fee to the application. The fee is established in
				§310
6. No master gas fitter
				certificate shall permit any master gas fitter to do the work of a gas
				fitter.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 3 - Licenses › Section LV-308 - Requirements to take Exam for Master Gas Fitter License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requirements
1. An applicant for tradesman plumber's
				examination shall have a current apprentice registration certificate issued by
				the board and have performed 4,000 hours of manual labor of plumbing under the
				direct, constant, on-the-job supervision of a licensed plumber as defined in
				§101
2. In all cases the
				applicant shall have sufficient knowledge and understanding to comprehend,
				interpret, and apply the code acceptable to the authority having jurisdiction.
				In this regard, he must possess sufficient knowledge to plan and lay out gas
				fitting systems. He must also possess knowledge and understanding to comprehend
				business and legal terms of the business of gas fitting.
3. The applicant shall furnish a 2-inch by
				2-inch photograph of himself with the application.
4. He shall submit his application and
				required documents to the office of the State Plumbing Board of Louisiana not
				less than 30 days before any scheduled examination. The board shall inform all
				interested persons of the examination schedule.
5. He must attach a money order or check for
				the appropriate fee to the application. The fee is established in
				§312
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 3 - Licenses › Section LV-309 - Requirements to Take Exam for Tradesman Plumber License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requirements
1. An applicant for tradesman plumber's
				examination shall be a registered apprentice with the board and have performed
				4,000 hours as an unindentured apprentice or 3,000 hours as an indentured
				apprentice of manual labor of plumbing under the direct, constant, on-the-job
				supervision of a licensed plumber as defined in §101, by way of official
				payroll documentation or W-2's with an accompanying paycheck stub.
2. He shall have sufficient education to read
				and write the answers to the examination questions and shall understand the
				plumbing terms in regard to the installation or repair of plumbing.
3. He shall furnish a 2-inch by 2-inch
				photograph of himself with the application.
4. He shall submit his application and
				required documents to the office of the state Plumbing Board of Louisiana not
				less than 30 days before any scheduled examination. The board shall inform all
				interested persons of the examination schedule.
5. He must attach a money order or check for
				the appropriate fee to the application. The fee is established in
				§312
6. No tradesman plumber
				certificate shall permit any tradesman plumber to do the work of a journeyman
				plumber.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 3 - Licenses › Section LV-311 - Insurance Requirements for Master Plumbers and Master Gas Fitters

Current through Register Vol. 50, No. 6, June 20, 2024
A. No master
				plumber, restricted master plumber, or master gas fitter license shall be
				issued, renewed, or revived until the applicant has provided proof acceptable
				to the board that insurance has been issued to the employing entity which is
				designated in accordance with
				R.S.
				37:1367 by an insurer authorized to do
				business in this state.
B. The
				employing entity shall maintain:
1. worker's
				compensation insurance as required by law;
2. motor vehicle bodily injury and property
				damage liability insurance in the minimum amount required by law;
3. comprehensive general liability and
				property damage insurance in a minimum amount of $500,000.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 3 - Licenses › Section LV-312 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The fees and
				charges of the board relative to apprentice plumbers shall be as follows:
1. initial registration fee-$ 10;
2. renewal fee-$10;
3. revival fee-$15:
a. if renewed after March 31-$30;
4. fee for N.S.F. or returned
				check-$20;
5.special enforcement
				fee imposed under
				§301
				-$500.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 3 - Licenses › Section LV-314 - Integrity of Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may reject an examination for any license or endorsement under this
				Chapter, if the board determines that the applicant completed any portion of
				any such examination with the assistance of any other person or unauthorized
				written materials secreted into the examination site. Examinees will be allowed
				to utilize board approved resource or industry code materials or permitted by
				authorized third-party examiners. Examinees determined to have violated the
				prohibitions of this Section shall be notified in writing and, upon request by
				the examinee or at the direction of the executive director, an informal
				conference before the executive director or committee appointed by the board
				will be conducted. An affected examinee may appeal the determination reached in
				the informal conference by filing a written appeal with the board. Such appeal
				hearings shall comport with the provisions of
				R.S.
				49:955(B). Based on the
				evidence adduced at any such hearing, the board may impose sanctions upon the
				examinee with respect to any subsequently administered examination and related
				licensing.
B. The board is
				empowered to act upon reports of violation of Subsection A of this Section by
				examinees received from private or public organizations recognized as examiners
				under §§304, 306, 313, or 310 and impose sanctions as described in
				this Section.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1366.D.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 3 - Licenses › Section LV-315 - Medical Gas and Vacuum Systems Verifier [Formerly§312]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No natural
				person shall engage in the work of a medical gas and vacuum systems verifier
				unless he possesses a license or renewal thereof issued by this board. The
				board shall issue a medical and vacuum systems verifier license to any person
				who:
1. qualifies under the board's
				regulations;
2. desires to engage
				in the work or business of a medical gas and vacuum systems verifier;
3. passes a written and manual examination
				conducted by a nationally recognized organization for this purpose;
				and
4. pays the fees established by
				the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 3 - Licenses › Section LV-316 - Standards for Medical Gas and Vacuum Systems Verifiers [Formerly§313]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A medical gas
				and vacuum systems verifier shall not certify to any party the results of any
				tests on medical gas pipeline systems or equipment installed or repaired by any
				person not licensed by the board as a medical gas piping installer.
B. As a condition for licensing and renewal
				thereof, and subject to the disciplinary powers of the board under
				R.S.
				37:1378(3) and (8), any
				person licensed by the board as a medical gas and vacuum systems verifier shall
				be obligated to cooperate with the Louisiana state fire marshal and his agents
				in connection with his regulation of medical gas piping installation and
				systems verification.
C. The duties
				described in Subsection B of this Section include the responsibility of a
				medical gas and vacuum systems verifier to accurately report to the fire
				marshal prior to the fire marshal's inspection the following as to any gas and
				vacuum system subject to his verification:
1.
				the successful completion of pressure testing of all manufactured assemblies
				for both positive gases and vacuum systems, as supplied by the manufacturer of
				any such systems, prior to this installation;
2. satisfactory cleaning of piping and
				fittings from the cleaning agency in accordance with the standard "cleaning
				equipment for oxygen service" (CGA G-4.1);
3. documentation of each board-licensed
				medical gas piping installers braze performance qualification in accordance
				with
NFPA 99, Health Care Facilities Code
, latest
				edition;
4. documentation of the
				medical gas contractor's braze procedure specification and procedure
				qualification record;
5.
				documentation of successful completion of the board-licensed installer's
				required testing, including a blowdown test, initial pressure test,
				cross-connection test, piping purge test and standing pressure test;
6. documentation of the verifier's successful
				completion of required testing, including cross-connection, valve test, outlet
				flow test, alarm testing, piping purge test, piping purity test, final tie-in
				test, operational pressure test, medical gas concentration test, medical air
				purity test and labeling.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 5 - The Board › Section LV-501 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Part shall
				apply to:
1. all cities, towns, villages,
				communities and public sewerage and/or water districts in the state of
				Louisiana;
2. all areas within 1
				mile of the boundary of any city or sewer or water districts referred to above;
				and all areas within 1 mile of the community, sewerage or water facilities of
				the areas referred to above;
3.
				nothing herein contained shall be construed to apply to any employee of any
				municipal department or gas, sewer, and/or water district system.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 5 - The Board › Section LV-503 - Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Officers of the
				board shall be representative of the trade, so that all board members will be
				eligible for office, but the three officers cannot all be from the same
				organization.
1. Chairman. The chairman shall
				be chief executive officer of the board and shall:
a. preside over all meetings of the
				members;
b. have general active
				management of the board's business;
c. see that all regulations, declaratory
				orders, resolutions, and minutes of all regular or special meetings of the
				board are carried into effect;
d.
				have the general powers and duties of supervision and management usually vested
				in the office of president, all subject to the approval of the board at the
				next meeting;
e. execute agreements
				in the name of and on behalf of the board, and co-sign checks, but shall not
				enter into contracts, agreements, or debts without approval of a majority of
				the board members present at a regular or special meeting, or favorable written
				ballot of at least five board members.
f. Appoint a vice chairman in his vacancy
				until the next board meeting, where a nomination committee will recommend the
				next vice chairman, subject to a vote by the entirety of the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 5 - The Board › Section LV-505 - Duties of Board Members

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each board
				member shall:
1. represent himself as a board
				member only in official board activities;
2. attend and take an active part in all
				board meetings;
3. review financial
				reports, and all correspondence sent to them pertaining to board
				business;
4. promptly respond to
				all mail polls.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 5 - The Board › Section LV-506 - Executive Director

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				may appoint and employ an executive director who shall be responsible for
				performing whatever duties the board may assign or delegate to him to
				effectuate the purposes and policies of the plumbing law, these regulations or
				orders of the board.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:1377 and
				  R.S.
				  37:1366.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 5 - The Board › Section LV-507 - Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				hold quarterly meetings and any special meetings shall be called when and if
				necessary, if funds are available.
B. The annual meeting of the board and
				election of officers shall be held during the month of August of each year.
				Special meetings may be called by the chairman or by five members of the board.
				No special meetings shall be called without notifying each board member and
				each member of the advisory committee in writing 10 days in advance.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:1377 and
				  R.S.
				  37:1366.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 5 - The Board › Section LV-508 - Duties of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				recognize the system of qualification of registration of apprentices as
				administered by joint and nonjoint apprenticeship committees approved by the
				director of apprenticeship and nonregistered apprentices in the employ of an
				employing entity.
B. Not later than
				January 1, 2017, the board shall establish and maintain a registry of all
				apprentice plumbers employed in Louisiana and shall issue a certificate to all
				registrants under
				R.S.
				37:1366.
C. The board shall assist the Board of
				Supervisors of Community and Technical Colleges in developing training,
				program, and course requirements that will prepare individuals to meet the
				qualifications established by the board for a tradesman plumber.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1336(D).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 7 - Board Employees › Section LV-701 - Seasonal and Part-Time Employees

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Board members and advisory committee members shall be given photo ID cards so
				that they can act as special enforcement officers for the board.
B. The board may employ special enforcement
				officers as is necessary for the conduct of the board's affairs, as directed by
				the board. These enforcement officers shall receive a salary fixed by the
				board, plus travel expenses.
C. The
				special enforcement officer's duties shall be as follows:
1. visit job sites and check for licenses in
				areas as designated by the board;
2. conduct inspections and investigations of
				plumbing work and activities of employing entities as instructed by the
				board;
3. document his enforcement
				activities and any violations of the plumbing law investigated by
				him;
4. all reports of field work
				shall be reported in writing to the board's office;
5. provide evidence in any administrative or
				legal proceeding initiated under the plumbing law by the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 7 - Board Employees › Section LV-703 - Salaries

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				employ other necessary employees who shall receive a salary according to the
				salary schedule fixed by the board.
B. Custodians, examiners, and special
				enforcement officers shall receive a fee fixed by the board.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:1377 and
				  R.S.
				  37:1366.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 8 - Preemption › Section LV-801 - Preemption of Municipal or Other Local Regulatory Authorities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The plumbing law
				and these regulations shall preempt municipal or other local regulatory
				examinations authority over master plumbers, notwithstanding any contrary
				provision of any home rule charter. Municipal or other local regulatory
				authorities may assess and collect locally adopted fees and charges relative to
				plumbing work as defined in
				R.S.
				37:1377 performed in their respective
				jurisdictions, but only to persons licensed under
				R.S.
				37:1368.
B. Any permit issued by a municipal or other
				local regulatory authority which authorized the applicant to perform plumbing
				work shall state on the face of the application form in bold, conspicuous
				writing and lettering the following notice:
NOTICE
Any person who performs plumbing work as defined by the
				  Louisiana Plumbing Law, R.S. 1377, shall possess a license issued by the
				  Louisiana State Plumbing Board. A master plumber shall properly designate his
				  employing entity to the board. Any questions concerning compliance shall be
				  addressed to the board.
C. The board
				may enter into cooperative arrangements with the Louisiana Department of Health
				and Hospitals, the Louisiana State Fire Marshal or local governing authorities
				to aid in the enforcement of the board's regulations.
D. Nothing herein shall prohibit the board
				from receiving and acting under
				R.S.
				37:1378(7) or (8) upon
				notices of adjudications of violations of Louisiana Department of Health and
				Hospitals regulations, Louisiana State Fire Marshal regulations, or local
				municipal or parish plumbing codes not otherwise preempted or superseded by the
				plumbing law or these regulations.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:1377 and
				  R.S.
				  37:1366.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 9 - Revocation and Related Administration Proceedings › Section LV-902 - Declaratory Orders and Rulings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The board on its own motion may move for a declaratory order or ruling as to
				the applicability of any statutory provision or of any rule or order of the
				board. Any interested party may petition the board for a declaratory order or
				ruling as stated above.
B. Said
				petition shall contain the following information:
1. the full name, address, telephone number
				of the petitioner;
2. the interest
				asserted by the petitioner;
3.
				specific reference to the statute, rule, or order with respect to which the
				declaratory order or ruling is sought;
4. a concise statement of the purpose,
				reasons and nature of the declaratory order or ruling sought.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 9 - Revocation and Related Administration Proceedings › Section LV-903 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				employ any means of enforcing its rules and regulations as is authorized in
				Louisiana Revised Statutes of 1950,
				R.S.
				37:1374.
AUTHORITY NOTE: Adopted
				  in accordance with
				  R.S.
				  37:1374 and
				  R.S.
				  37:1366
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 10 - Continuing Professional Education Programs › Section LV-1001 - Tradesman, Journeyman and Master Plumbers

Current through Register Vol. 50, No. 6, June 20, 2024
A. CPE Requirement
1. All persons seeking to renew a tradesman
				license issued by the board are required to attend and show proof of attendance
				at no less than 3 1/2 hours of a board-approved CPE class in the prior calendar
				year, as set out in this Section.
2. All persons seeking to renew a journeyman
				license issued by the board are required to attend and show proof of attendance
				at no less than 3 1/2 hours of a board-approved CPE class in the prior calendar
				year, as set out in this Section.
3. All persons seeking to renew a master
				plumber license or to convert an inactive master plumber license to an active
				master plumber license must attend and show proof of attendance at no less than
				five hours of a board-approved CPE class in the prior calendar year, as set out
				in this Section.
4. A holder of an
				inactive master plumber license who seeks to renew said license must file an
				affidavit in a form provided by the board, that they have been inactive as a
				plumber in the previous year, and that they will remain inactive and not work
				as a plumber for the year for which they seek to renew their license. Upon such
				filing with the board, the holder of an inactive master plumber license will
				not be required to meet the CPE requirements set out herein.
5. A holder of an inactive master plumber's
				license who seeks to function as a journeyman plumber is required to attend and
				show proof of attendance at no less than 3 1/2 hours of a board-approved CPE
				class in the prior calendar year, as set out in this Section.
6. All persons holding and seeking to renew
				both journeyman plumber or tradesman plumber and gas fitter licenses issued by
				the board are required to attend and show proof of attendance at no less than 4
				1/2 hours as set out in this Section and in §1002
7. All persons holding and seeking to renew
				both journeyman plumber or tradesman plumber and master gas fitter licenses
				issued by the board are required to attend and show proof of attendance at no
				less than six hours as set out in this Section and in §1002
8. All persons holding and seeking to renew
				both master plumber and gas fitter licenses issued by the board are required to
				attend and show proof of attendance at no less than six hours as set out in
				this Section and in §1002
9.
				All persons holding and seeking to renew both master plumber and master gas
				fitter licenses issued by the board are required to attend and show proof of
				attendance at no less than six hours as set out in this section and in
				§1002
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 10 - Continuing Professional Education Programs › Section LV-1002 - Gas Fitters and Master Gas Fitters

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				CPE Requirement
1. All persons seeking to
				renew a gas fitter license issued by the board are required to attend and show
				proof of attendance at no less than 2 1/2 hours of a board-approved CPE class
				in the prior calendar year, as set out in this Section.
2. All persons seeking to renew a master gas
				fitter license or to convert an inactive master gas fitter license to an active
				master gas fitter license must attend and show proof of attendance at no less
				than four hours of a board-approved CPE class in the prior calendar year, as
				set out in this Section.
3. A
				holder of an inactive master gas fitter license who seeks to renew said license
				must file an affidavit in a form provided by the board, that they have been
				inactive as a gas fitter in the previous year, and that they will remain
				inactive and not work as a gas fitter for the year for which they seek to renew
				their license. Upon such filing with the board, the holder of an inactive
				master gas fitter license will not be required to meet the CPE requirements set
				out herein.
4. A holder of an
				inactive master gas fitter license who seeks to function as a gas fitter is
				required to attend and show proof of attendance at no less than 2 1/2 hours of
				a board-approved CPE class in the prior calendar year, as set out in this
				Section.
5. All persons holding and
				seeking to renew both gas fitter and journeyman plumber licenses issued by the
				board are required to attend and show proof of attendance at no less than 4 1/2
				hours as set out in this Section and in §1001
6. All persons holding and seeking to renew
				both gas fitter and master plumber licenses issued by the board are required to
				attend and show proof of attendance at no less than six hours as set out in
				this Section and in §1001
7.
				All persons holding and seeking to renew both master gas fitter and journeyman
				plumber licenses issued by the board are required to attend and show proof of
				attendance at no less than six hours as set out in this Section and in
				§1001
8. All persons holding
				and seeking to renew both master gas fitter and master plumber licenses issued
				by the board are required to attend and show proof of attendance at no less
				than six hours as set out in this Section and in §1001