reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-139 - Prohibited Acts: Penalties and Costs

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may suspend or revoke any
				license, or censure, fine, or impose probationary or other restrictions on any
				licensee for good cause shown which shall include but not be limited to the
				following:
1. being convicted of a felony or
				the entering of a plea of guilty or nolo contendere to a felony charge under
				the laws of the United States or any other state;
2. deceit or misrepresentation in obtaining a
				license;
3. providing false
				testimony before the board;
4.
				attempting to deceive or defraud the public;
5. professional incompetence or gross
				negligence;
6. rendering,
				submitting, subscribing, or verifying false, deceptive, misleading, or
				unfounded opinions or reports;
7.
				violating any rule or regulation adopted by the board or any provision of these
				rules or the law;
8. aiding or
				abetting a person to evade the provisions of this Chapter or knowingly
				combining or conspiring with an unlicensed person with the intent to evade the
				provisions of these rules or the law;
9. violating any Standard of Conduct adopted
				by the board;
10. engaging in
				conduct or advertising or holding oneself out as engaging in or conducting the
				business or acting in the capacity of a home inspector without possessing a
				valid license or while possessing a license that is inactive, suspended,
				expired or revoked;
11. falsely
				representing oneself as being the holder of a valid license by using the title
				"licensed home inspector" or any title, designation, or abbreviation
				deceptively similar or likely to create the impression that such person is
				licensed.
12. Providing fraudulent
				documentation or information regarding continuing education requirements.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 1 - General Rules › Section XL-141 - Cease and Desist Orders; Injunctive Relief

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to or in lieu of the criminal
				penalties and administrative sanctions provided for in the law and these rules,
				the board may issue an order to any person engaged in any activity, conduct or
				practice constituting a violation of any provision of these rules to cease and
				desist from such activity, conduct or practice. Such order shall be issued in
				the name of the state and under the official seal of the board.
B. If the person directed by cease and desist
				order does not cease and desist the prohibited activity, conduct, or practice
				within two days of service of such order by certified mail, the board may seek
				a writ of injunction in any court of competent jurisdiction and proper venue
				enjoining such person from engaging in the activity, conduct or practice, and
				recovery of all related costs of the type described in §139
C. Upon proper showing of the board that such
				person or firm has engaged in any activity, conduct or practice prohibited by
				this Chapter, the court shall issue a temporary restraining order restraining
				the person or firm from engaging in the unlawful activity, conduct or practice,
				pending hearing on a preliminary injunction. A permanent injunction shall issue
				after hearing commanding the cessation of the unlawful activity, conduct or
				practice complained of, all without the necessity of the board having to give
				bond as usually required in such cases. A temporary restraining order,
				preliminary injunction or permanent injunction issued enjoining such person or
				firm shall not be subject to being released upon bond.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1488.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-301 - Minimum Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				sets forth the minimum Standards of Practice required of licensed home
				inspectors.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-305 - Purpose and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				these Standards of Practice is to establish a minimum and uniform standard for
				Louisiana state licensed home inspectors. Home inspections performed pursuant
				to these Standards of Practice are intended to provide the client with
				information regarding the condition of the systems and components of the home
				as observed at the time of inspection.
B. Home inspectors shall:
1. provide the client with a written
				pre-inspection contract, whenever possible, which shall:
a. state that the home inspection is to be
				done in accordance with the Standards of Practice of the Louisiana State Board
				of Home Inspectors;
b. describe
				what inspection services will be provided and their cost;
c. state that the inspection is limited to
				only those systems or components, as set forth in these standards of practice,
				as agreed upon by the client and the inspector or expressly excluded in
				writing;
d. contain copies of the
				standards of practice and Code of Ethics; and
e. state the name and license number, and
				contain the signature of the licensed home inspector, lead inspector, and/or
				qualifying licensee performing the inspection.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-307 - General Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Home inspections
				done in accordance with this Chapter are visual and are not technically
				exhaustive.
B. This Chapter applies
				only to residential resale buildings.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-309 - General Exclusions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Home
				inspectors are not required to inspect or report on:
1. life expectancy of any component or
				system;
2. the causes of any
				condition or deficiency;
3. the
				methods, materials, and costs of corrections;
4. the suitability of the property for any
				specialized use;
5. compliance or
				non-compliance with codes, ordinances, statutes, regulatory requirements,
				special utility, insurance or restrictions;
6. any component or system that was not
				inspected and so stated in the home inspection report or pre-inspection
				agreement.
7. the presence or
				absence of any suspected or actual adverse environmental condition or hazardous
				substance, including but not limited to asbestos, radon lead, mold,
				contaminated drywall or building components, carcinogens, noise, or
				contaminants, whether in the building or in soil, water, or air; however, if
				during the course of inspecting the systems and components of the building in
				accordance with the law and these rules, the home inspector discovers visually
				observable evidence of suspected mold or microbial growth, he shall report
				it;
8. decorative or cosmetic
				items, underground items, or items not permanently installed;
9. hidden, concealed or latent
				defects;
10. items not visible for
				inspection including the condition of systems or components which are not
				readily accessible; or
11. future
				conditions, including but not limited to, the likelihood of failure or the
				expected life of systems and components.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-311 - Structural Systems

Current through Register Vol. 50, No. 6, June 20, 2024
A. The home
				inspector shall inspect structural components including:
1. foundation;
2. framing;
3. columns; and
4. piers.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-313 - Exterior System

Current through Register Vol. 50, No. 6, June 20, 2024
A. The home
				inspector shall inspect:
1. wall cladding,
				flashings and trim;
2. all doors,
				including garage doors and storm doors;
3. all readily accessible windows;
4. decks, balconies, stoops, steps, porches,
				and applicable railings;
5. eaves,
				soffits, and fascias where visible from the ground level; and
6. vegetation, grading, drainage, driveways,
				patios, walkways, and retaining walls with respect to their effect on the
				condition of the building.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-315 - Roofing System

Current through Register Vol. 50, No. 6, June 20, 2024
A. The home
				inspector shall inspect:
1. roof
				coverings;
2. roof drainage
				components ;
3.
				flashings;
4. skylights, chimneys,
				and roof penetrations; and
5. signs
				of leaks or abnormal condensation on building components.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-317 - Plumbing System

Current through Register Vol. 50, No. 6, June 20, 2024
A. The home
				inspector shall inspect:
1. water supply and
				distribution systems, including:
a. piping
				materials, supports, insulation;
b.
				fixtures and faucets;
c. functional
				flow;
d. visible leaks;
				and
e. cross connections;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-319 - Electrical System

Current through Register Vol. 50, No. 6, June 20, 2024
A. The home
				inspector shall inspect:
1. service drop and
				entrance conductors cables and raceways;
2. service equipment, main disconnect device,
				main and sub-panels, interior panel components, and service
				grounding;
3. branch circuit
				conductors, their overcurrent devices, and their compatibility;
4. the operation of a representative number
				of installed ceiling fans, lighting fixtures, switches and
				receptacles;
5. the polarity and
				grounding of all receptacles tested; and
6. test ground fault circuit interrupters and
				arc fault circuit interrupters, unless, in the opinion of the inspector, such
				testing is likely to cause damage to any installed items or components of the
				home or interrupt service to an electrical device or equipment located in or
				around the home.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-321 - Air Conditioning and Heating System

Current through Register Vol. 50, No. 6, June 20, 2024
A. The home inspector shall inspect
				permanently installed heating and cooling systems including:
1. heating, cooling and air handling
				equipment installed through the wall;
2. normal operating controls;
3. chimneys, flues, and vents, where readily
				accessible;
4. solid fuel heating
				devices, including fireplaces;
5.
				air distribution systems including fans, pumps, ducts and piping, with
				associated supports, insulation, air filters, registers, radiators, fan coil
				units, convectors; and
6. the
				presence of an installed heat and/or cooling source in each habitable
				room.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-325 - Interior System

Current through Register Vol. 50, No. 6, June 20, 2024
A. The home
				inspector shall inspect:
1. walls, ceiling,
				and floors;
2. steps, stairways,
				balconies, and railings;
3.
				countertops and a representative number of cabinets and drawers;
4. all doors; and
5. all readily accessible windows.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-327 - Insulation and Ventilation System

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The home inspector shall inspect:
1.
				insulation and vapor retarders in unfinished spaces;
2. ventilation of attics and foundation
				areas;
3. kitchen, bathroom, and
				laundry venting system; and
4. the
				operation of any readily accessible attic ventilation fan, and, when
				temperature permits, the operation of any readily accessible thermostatic
				control.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 3 - Standards of Practice › Section XL-329 - Built-In Kitchen Appliances

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The home inspector shall inspect and operate the basic functions of the
				following appliances:
1. permanently
				installed dishwasher; through its normal cycle;
2. range, cook top, and permanently installed
				oven;
3. trash compactor;
4. garbage disposal;
5. ventilation equipment or range
				hood;
6. permanently installed
				microwave oven; and
7. any other
				built-in appliance.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 7 - Disciplinary Actions › Section XL-701 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				definitions are used in this Chapter. The definitions in the law and these
				rules are incorporated into Chapter 1, Chapter 3, and Chapter 5 by reference.
File
or
Filing
-to place the
				  document or item to be filed into the care and custody of the board. The board
				  shall note thereon the filing date. All documents filed with the board, except
				  exhibits, shall be filed in duplicate on letter size 8" by 11" paper.
Party
-the board, the licensee, and/or any
				  other person who has an administratively cognizable interested in a particular
				  board proceeding.
Service
-personal delivery or, unless
				  otherwise provided by law or rule, delivery by certified mail through the
				  United States Postal Service, return receipt requested, addressed to the person
				  to be served at his or her last known address. A Certificate of Service shall
				  be appended to every document requiring service under these rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475 and
				  R.S.
				  37:1485-1487.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 7 - Disciplinary Actions › Section XL-705 - Special Investigating Entity

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				For all complaints filed pursuant to
				§703 A, the board shall appoint a
				committee, board member, employee, or other qualified licensee to verify
				whether the allegations listed in the complaint may indicate violations of
				these rules, the standards of practice,
Code of Ethics
or the
				law. This committee, board member, employee or licensee shall be referred to as
				the "special investigating entity." The chairman may appoint a special
				investigating entity at any time to commence review of a complaint. This
				appointment shall be ratified by the board in executive session at its next
				meeting.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 7 - Disciplinary Actions › Section XL-707 - Investigations; Special Investigating Entity; Board Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of a complaint filed pursuant
				to §703.
				A and conforming with this Chapter, the board
				shall assign a docket number to the complaint and refer it to an SIE. Any
				individual, licensee or member of a committee appointed to serve as an SIE
				shall:
1. have been a Louisiana licensed home
				inspector for at least three years prior to the appointment;
2. be current on all continuing education,
				fees and other requirements for licensure;
3. have no pending complaints against him;
				and
4. have performed over 300 home
				inspections pursuant to this Chapter.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 7 - Disciplinary Actions › Section XL-709 - Disciplinary Hearing; Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				If the special investigating entity's report or the board's review finds that
				there is sufficient evidence to indicate a possible violation of these rules or
				the home inspector licensing law, the board shall fix a time and place for a
				disciplinary hearing and give notice to the licensee and complainant. The
				disciplinary hearing shall be held in accordance with the adjudication
				provisions of the Administrative Procedure Act.
B. The notice required under
				§709. A shall:
1. include a statement of the time, place,
				and nature of the hearing;
2.
				include a statement of the legal authority under which the hearing is to be
				held;
3. include reference to the
				particular sections of the statutes and rules involved;
4. include a short and plain statement of the
				matters asserted; and
5. be sent by
				certified mail.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 7 - Disciplinary Actions › Section XL-711 - Pre-Hearing Resolution

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board's staff and the licensee or other person against whom a complaint has
				been brought may attempt to resolve the complaint by means of a consensual
				agreement. Such consensual agreement may impose upon the respondent penalties
				or conditions which include, but are not limited to, requiring the licensee to
				complete additional training or educational courses, placing the inspector on
				probation, issuing a letter of reprimand, imposing fines of up to $1,000 per
				separate violation, and/or suspending or revoking the inspectors license, all
				as authorized in the law or these rules.
B. The proposed consent agreement shall then
				be presented to the board at its next meeting. The board may accept the consent
				agreement as written, modify the agreement and send it back to the licensee for
				acceptance, or reject the consent agreement. Accepted agreements shall be filed
				in the record of the docket.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475 and
				  R.S.
				  37:1485-1487.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 7 - Disciplinary Actions › Section XL-713 - Hearing Procedure; Decision; Notice; Effective Date; Rehearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. If no consent
				agreement is reached, the matter shall be heard by the board at its next
				regularly scheduled board meeting or special meeting which is to be held not
				less than 10 days prior to giving notice to all interested parties. The board
				shall consider the law and the evidence presented or in the record and base its
				decision accordingly.
B. No
				attorney, board member or employee serving as the prosecuting officer for the
				board shall participate in the consideration or formulation of the board's
				decision, any opinion related thereto, or any procedural matter.
C. The board shall render any final decision
				or order by majority vote of the board in open session. The date of the
				decision or order shall be indicated on the decision or order.
D. All parties of record shall receive notice
				of the board's decision within 30 days of the vote on the matter.
E. A board decision or order may be
				reconsidered by the board at the next board meeting on its own motion, or on
				motion by a party of record, for good cause shown pursuant to a written request
				filed at the board's office within 10 days following the date of the mailing of
				the final board order or decision.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1475 and
				  R.S.
				  37:1485-1487.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 9 - Declaratory Orders › Section XL-901 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this Chapter is to settle and afford relief from any uncertainty and insecurity
				with respect to the rules of the board or the law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1471-1489.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 9 - Declaratory Orders › Section XL-903 - Declaratory Relief

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				may declare rights, status, and other legal relations of any interested person
				whose rights may be affected by the rules of the board or by the law. Any
				person whose rights, status, or other legal relations are affected by these
				rules may have determined any question of construction or validity arising
				under these rules or the law and obtain a declaration of rights, status or
				other legal relations thereunder from the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1471-1489.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 9 - Declaratory Orders › Section XL-905 - Applications; Petitions ; Parties

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				An application for declaratory order shall be made on a form provided by the
				board. The application for declaratory order must include the name, address and
				telephone number, both business and home, of the person bringing the
				application for declaratory order, the specific rule or rules at issue, and the
				specific question directed to the board. The application for declaratory order
				shall also advise the board of the name, address and telephone numbers of all
				persons who have or may claim any interest which may be affected by any
				decision or determination of the board. The board shall docket the application
				for declaratory order. The board shall provide notice of the application, along
				with a copy of the application for declaratory order to the person(s)
				identified who have or may claim an interest affected by any decision or
				determination of the board. Those persons who have or claim an interest shall
				confirm same in writing to the board within 15 days from the date of the
				board's notice containing the application for declaratory order.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1471-1489.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 9 - Declaratory Orders › Section XL-907 - Governing Law

Current through Register Vol. 50, No. 6, June 20, 2024
A. When an action
				is initiated under this Chapter, all proceedings shall be in accordance with
				the rules of the board, the Administrative Procedure Act, and other applicable
				Louisiana law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1471-1489.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 9 - Declaratory Orders › Section XL-909 - Hearings; Decisions; Rehearing; Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. All hearings on applications for
				declaratory orders filed at least 10 days prior to a scheduled board meeting
				shall be set for hearing at that meeting unless the board desires the matter be
				set prior thereto, in which case the parties will be notified of the earlier
				hearing date, time and place.
B.
				The board shall render its decision in open session and transmit written
				confirmation to parties of record within 30 days of its decision.
C. The board may decline to address the
				question presented and dismiss the application for declaratory order.
D. board decisions may be reconsidered by the
				board at the next board meeting on its own motion or on the motion of a party
				of record for good cause shown pursuant to a written request filed at the board
				office within 10 days following the decision date.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1471-1489.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 11 - Judicial Review › Section XL-1101 - Judicial Review; Venue; Time

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any party of record aggrieved by a final board order or decision in an
				adjudication, rulemaking or declaratory order shall be entitled to judicial
				review whether or not application has been made to the board for rehearing.
				Such judicial review shall be initiated by the filing of a petition setting
				forth the objections to the board's decision or order with the Nineteenth
				Judicial District Court within 30 days of the date of mailing of the final
				board order or decision as provided for in the Administrative Procedure
				Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1471-1489 and
				  R.S.
				  49:964-966.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XL - Home Inspectors › Chapter 11 - Judicial Review › Section XL-1103 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party of
				record may obtain a review of final judgment of the Nineteenth Judicial
				District Court by the First Circuit Court of Appeal as provided for in the
				Administrative Procedure Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1471-1489 and
				  R.S.
				  49:964-966.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 1 - Veterinarians › Section XLI-101 - Licensing Veterinarians

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				veterinarians shall be licensed to practice under the laws of Louisiana. No
				owner or trainer shall employ a veterinarian not licensed by the commission.
				This rule shall apply to veterinarians treating horses stabled off the
				association grounds and registered to race at any track in the state of
				Louisiana under supervision of the commission. Any owner or trainer employing
				unlicensed veterinarians will be subject to a fine or suspension or
				both.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 1 - Veterinarians › Section XLI-103 - Restriction of Owner's or Trainer's License

Current through Register Vol. 50, No. 6, June 20, 2024
A. A veterinarian, while practicing his
				profession with horses racing under the jurisdiction of the commission, will
				not be eligible for an owner's or trainer's license.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 1 - Veterinarians › Section XLI-105 - Administration of Drugs; Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All veterinarians administering drugs or other substances to horses regulated
				by the commission, shall be responsible to see that the drugs or other
				substances are administered in accordance with the provisions of the
Rules of Racing
. Should any specimen sample disclose the
				presence of any drug or substance prohibited by the
Rules of
				Racing
, the stewards or the commission may hold a hearing to determine
				whether the prohibited drug or substance was received by or administered to the
				horse in question by any veterinarian in violation of the
Rules of
				Racing
. If it is determined that a violation occurred, the stewards or
				commission will apply such sanctions, by fine and/or suspension of license, as
				is deemed appropriate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 3 - Trainer › Section XLI-301 - Name of Trainer

Current through Register Vol. 50, No. 6, June 20, 2024
A. No trainer
				shall practice his profession except under his own name.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 3 - Trainer › Section XLI-303 - Attending Horse

Current through Register Vol. 50, No. 6, June 20, 2024
A. A trainer or an
				assistant trainer shall attend his horse in the paddock and shall be present to
				supervise his saddling unless he has obtained the permission of a steward to
				send another licensed trainer as a substitute.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 3 - Trainer › Section XLI-305 - Condition of Horse

Current through Register Vol. 50, No. 6, June 20, 2024
A. A trainer is
				responsible for the condition of each horse trained by him.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 3 - Trainer › Section XLI-307 - Employee Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				trainer shall register with the racing secretary every person in his
				employ.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 3 - Trainer › Section XLI-309 - Horse Owned by Unqualified Person

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				trainer shall not have in his charge or under his supervision any horse owned,
				in whole or in part, by a disqualified person.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 3 - Trainer › Section XLI-311 - Written Permission to Move Horses

Current through Register Vol. 50, No. 6, June 20, 2024
A. No trainer, owner or other person shall
				move, or permit to be moved, any horse or horses in his care from the grounds
				of an association without written permission of the association and the
				stewards.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 3 - Trainer › Section XLI-313 - Horse in Racing Condition

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				trainer shall not enter or start a horse which is not in serviceably sound
				racing condition, has been tracheatubed or has been nerved.
B. However, horses which have had a posterior
				digital (heel nerve) neurectomy or cryosurgical intervention in the areas
				reserved for posterior digital neurectomies performed on one or more feet, may
				be permitted to race.
C. All horses
				which have undergone either of the above procedures shall be so designated on
				the foal certificate and be certified by the practicing veterinarian.
D. All horses which have undergone either of
				the above procedures prior to the adoption of this rule must also be certified,
				and it is the responsibility of the trainer to see that either of such
				procedures will be carried on the foal certificate.
E. All nerved horses, high or low, and all
				horses having had a cryosurgical intervention, as aforesaid, must be published
				on the bulletin board in the racing secretary's office.
F. Any horse which is high nerved shall not
				be permitted to enter in a race.
G.
				Except as provided herein, a trainer shall not enter or start a horse which has
				been "nerve blocked" or treated with, or been given any drug internally,
				externally or by hypodermic injection, except as permitted by LAC 35:I.1501 et
				seq.
H. Nor shall a trainer enter
				or start a horse which is blind or whose vision is seriously impaired in both
				eyes, is on a steward's, veterinarian's, starter's or disqualified list or is
				permanently barred from racing in any jurisdiction.
I. Additionally, a trainer shall not enter or
				start a horse which is not properly plated except where permission to start
				without shoes is obtained from the stewards prior to entry. However, once a
				horse has started without shoes, it must race unshod for the balance of the
				meet, unless otherwise approved by the stewards. In any emergency situation the
				stewards shall have sole discretion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 3 - Trainer › Section XLI-315 - Employment of Jockey

Current through Register Vol. 50, No. 6, June 20, 2024
A. No trainer,
				owner or other person shall employ a jockey for the purpose of preventing him
				from riding in any race.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 3 - Trainer › Section XLI-317 - Inspection of Horses' Fitness to Race

Current through Register Vol. 50, No. 6, June 20, 2024
A. Trainers of horses entered in the first or
				second race shall inspect the condition of their horses 1 1/2 hours before post
				time of the first race. If any horse is found to be unfit to race, the trainer
				shall report that fact to the stewards one hour before post time of the first
				race.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 3 - Trainer › Section XLI-319 - Absence from Stable

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any trainer
				that anticipates being absent from his stable that he trains must have prior
				approval from the stewards, naming the trainer or assistant trainer that will
				saddle his horses and be responsible for his stable, however, in no case will
				his absence be over a duration of five days.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 3 - Trainer › Section XLI-321 - Horses Suspended Concurrent with Trainer

Current through Register Vol. 50, No. 6, June 20, 2024
A. All horses in the charge of a trainer at
				the time of a violation and also during the pendency of violation proceedings
				and appeals, where the trainer's license has been revoked or suspended for six
				months or more, shall not be permitted to race during the period of such
				trainer's suspension. Upon application by the owners of such suspended horses,
				the stewards may approve the bona fide transfer of such horses to the care of
				another registered trainer, and upon such approved transfer, such horses may be
				entered to race, unless said horse is on the stewards' list for a positive test
				until the horse is removed from the stewards' list.
B. The trainer whose license has been revoked
				or suspended for six months or more must remove all signage and relinquish all
				assigned stalls to the track, and horses may not be transferred to any relative
				of the suspended trainer, current employee of the suspended trainer, or person
				employed by the suspended trainer within a year prior to the trainer's
				suspension. For purposes of this Section, the term
relative
shall be deemed to be any past or present spouses, children, past or present
				spouses of children, siblings, past or present spouses of siblings, children of
				siblings, halfsiblings, past or present spouses of half-siblings, children of
				siblings, parents, past or present spouses of parents, grandparents, past or
				present spouses of grandparents, grandchildren, and past or present spouses of
				grandchildren.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141,
				  R.S.
				  4:142, and
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-501 - Licensing of Assistant Trainer

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Assistant trainer is considered a trainer for licensing purposes and an
				assistant trainer shall be required to take out an annual license.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148,
				  R.S.
				  4:150 and
				  R.S.
				  4:169.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-503 - Badges of Discharged Employees

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				An owner and/or trainer is accountable and shall be responsible for picking up
				the badge of any discharged employee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-505 - Licensing of Other Employees

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Owners and/or trainers must report personnel changes to the stewards within 24
				hours. Any owner or trainer harboring or employing an unlicensed person shall
				be fined not less than $25. No person under the age of 18 years shall be
				granted a license by this commission, except upon presentation of a birth
				certificate and permit from the Louisiana State Labor Board, then the minimum
				age for licensing shall be 16. The commission does not recognize probationary
				licenses or temporary licenses, except as may be provided in LAC 35:XI.9901 et
				seq. No person shall be granted a trainer's license who is under 18 years of
				age.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148,
				  R.S.
				  4:150 and
				  R.S.
				  4:169.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-507 - Procedures for License Application

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All applications for licenses must be completely and correctly filled out,
				properly signed and, when required, notarized. All licensees and permittees of
				the commission must be fingerprinted and photographed. Anyone failing to be
				fingerprinted or photographed shall be suspended or fined or both.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141,
				  R.S.
				  4:142 and
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-509 - Establishment of Financial Stability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants for an owner's or trainer's
				license must submit satisfactory evidence of their financial stability and
				ability to care for and maintain the horses owned and/or trained by them.
				Failure to establish such financial responsibility shall be grounds for denial
				or revocation of license.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-511 - Addresses and Telephone Numbers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				An applicant must furnish his local and permanent addresses and telephone
				numbers when applying for a license.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-513 - Omission or Misrepresentation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any omission or misrepresentation will be deemed sufficient cause for refusal
				or revocation of a license by the commission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-515 - License Required for Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person requiring a license from the
				commission shall carry on any activity whatsoever upon the premises of a
				licensed association unless and until he has been duly licensed. The commission
				will accept the Association of Racing Commissioners International, Inc.,
				uniform owner's application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148,
				  R.S.
				  4:150 and
				  R.S.
				  4:169.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-517 - Trainer's License

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant
				for a license as trainer must show proof of at least two years track experience
				with a racing stable. Application shall be accompanied by the written
				statements of two reputable persons to the effect that the applicant is
				personally known to them and that he is a person of good reputation and capable
				of satisfactory performance of the vocation he seeks to follow. An applicant
				shall be given a thorough examination by the stewards and such other persons as
				they may appoint. Failure of applicant to obtain license will automatically
				require a 90 day waiting period before reapplying.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-519 - Refusal of License by Other State

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission may refuse to license any
				applicant who has been refused a license by any other state racing commission
				or turf governing body.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-521 - Refusal Based on Conduct

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				commission may refuse to license or revoke the license of an applicant whose
				previous conduct in Louisiana or elsewhere in connection with horse racing is
				considered by the commission to have been objectionable, obnoxious or
				detrimental to the best interest of racing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-523 - Reason Must Accompany Refusal to License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The refusal to grant a license, unless
				accompanied by good and valid reasons, shall not be considered as a ruling of
				this commission. Likewise, a refusal to grant a license by any other state,
				unaccompanied by good and valid reasons, shall not be considered as a ruling by
				this commission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-525 - Patronizing Off-Track Betting Establishments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person, licensed in any capacity by
				the commission and employing the facilities and privileges of the racing
				association and who at the same time patronized illegal off-track betting
				establishments, will be denied such facilities and privileges of the racing
				association. In addition, his license may be revoked by the
				commission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-527 - Disciplinary Action of Other Racing Organizations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission may recognize any
				disciplinary action taken by the Jockey Club of New York, the American Quarter
				Horse Association or the Appaloosa Horse Club, Inc., and no person against whom
				disciplinary action has been taken shall be eligible for licensing by this
				commission.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148 and
				  R.S.
				  4:150.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 5 - Assistant Trainers and Other Employees › Section XLI-529 - Conditions of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant
				for a license from the commission must act in the capacity stipulated by the
				license issued only. Anyone making false statements to procure a license will
				be fined, suspended and/or both.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:148.