reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1702 - Ethics Committee Members

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The Ethics Committee is a standing committee of the board. The committee
				consists of at least three but no more than five board members, including
				committee chair, who are appointed by the chair of the board. Any vacancy
				occurring on the committee will be filled by the chair of the board.
B. A quorum of three members of the committee
				is necessary to conduct a hearing or any other business to come before the
				committee.
C. In the event any
				member of the committee has a personal interest in the case or has any
				knowledge of the case other than what has been provided to all committee
				members, he/she shall withdraw from hearing the case. In the event that the
				chair shall withdraw, the board chair shall appoint another committee member to
				act a chair of the committee.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:3441-3452 and
				  36:478.I.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1703 - Role and Function

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Ethics
				Committee is responsible for:
1. educating the
				licensees and the general public as to the Board's Code of Professional Ethics
				for Licensed Rehabilitation Counselors;
2. periodically reviewing and recommending
				changes in the Code of Professional Ethics for Licensed Rehabilitation
				Counselors as well as the Guidelines and Procedures for Processing Ethical
				Complaints;
3. receiving and
				processing complaints of alleged violations of the Code of Professional Ethics
				for Licensed Rehabilitation Counselors; and
4. receiving and processing
				questions.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1704 - Responsibilities of the Committee Members

Current through Register Vol. 50, No. 6, June 20, 2024
A. The committee members have an obligation
				to act in an unbiased manner, to work expeditiously, to safeguard the
				confidentiality of the committee's activities, and to follow procedures
				established to protect the rights of all individuals involved.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:3441-3452 and
				  36:478.I.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1705 - Responsibilities of the Committee Administering the Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. The responsibilities of the committee will
				include, but not be limited to, the following:
1. reviewing complaints that have been
				received;
2. determining whether
				the alleged behavior, if true, would violate LLPVRC's Code of Professional
				Ethics for Licensed Rehabilitation Counselors, and whether the committee should
				accept the complaint under these rules;
3. notifying the complainant and licensee
				that the committee has determined that no action will be taken; or, if action
				is to be taken, notify the complainant and the LRC of acceptance of the
				complaint via certified mail and marked "Personal and Confidential;"
4. requesting additional information from the
				complainant, licensee, or others;
5. arranging for legal advice with the
				assistance of the LLPVRC chair; and
6. preparing and sending, via certified mail,
				and marked "personal and confidential," communications to the complainant and
				LRC on the decisions of the committee.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1706 - Jurisdiction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The committee
				has jurisdiction to consider whether an individual has violated the LLPVRC Code
				of Professional Ethics for Licensed Rehabilitation Counselors if the individual
				is a current licensee of the LLPVRC.
B. Should a respondent attempt to relinquish
				LLPVRC licensure during the course of any case, the board reserves the right to
				continue the matter for a final and binding resolution according to these
				rules.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:3441-3452 and
				  36:478.I.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1707 - Eligibility to File Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The committee will accept complaints that an LRC has violated one or more
				sections of the LLPVRC Code of Professional Ethics for Licensed Rehabilitation
				Counselors from the following:
1. members of
				the general public who have reason to believe that an LRC has violated the
				LLPVRC Code of Professional Ethics for Licensed Rehabilitation
				Counselors;
2. LRCs or members of
				other helping professions who have reason to believe that a licensee has
				violated the LLPVRC Code of Professional Ethics for Licensed Rehabilitation
				Counselors;
3. the committee chair
				when the committee has reason to believe through information received through
				materials in the public domain that an LRC has violated the LLPVRC Code of
				Professional Ethics for Licensed Rehabilitation Counselors.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1708 - Time Lines

Current through Register Vol. 50, No. 6, June 20, 2024
A. The time lines
				set forth in these standards are guidelines only and have been established to
				provide a reasonable framework for processing complaints.
B. The committee will grant an extension of a
				deadline requested by a licensee or complainant only when justified by unusual
				circumstances.
C. LRCs are pledged,
				in accordance with the LLPVRC Code of Professional Ethics for Licensed
				Rehabilitation Counselors, to cooperate with proceedings of the board for any
				alleged violation of the Code of Professional Ethics for Licensed
				Rehabilitation Counselors. If the LRC voluntarily relinquishes licensure or if
				the licensee or complainant fails to cooperate with an ethical inquiry in any
				way, the board shall, at its discretion, continue its investigation, noting in
				its final report the circumstances of the LRC's failure to cooperate. The
				committee, in its sole discretion, may terminate the complaint of an
				uncooperative complainant.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:3441-3452 and
				  36:478.I.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1709 - Nature of Communication

Current through Register Vol. 50, No. 6, June 20, 2024
A. Only
				signed, written communications regarding ethical complaints against LRCs will
				be accepted. If telephone inquiries from individuals are received regarding the
				filing of complaints, responding to complaints, or providing information
				regarding complaints, the individuals calling will be informed of the signed,
				written communication requirement and asked to comply.
B. All correspondence related to a complaint
				must be addressed to the Ethics Committee, LLPVRC Board of Examiners, P.O. Box
				41594, Baton Rouge, LA 70835-1594, and must be marked "confidential." This
				process is necessary to protect the confidentiality of the complainant and the
				LRC.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:3441-3452 and
				  36:478.I.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1710 - Management of Filed Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Upon receipt of complaints, the committee will communicate to the complainant
				and LRC in writing, via certified mail marked "personal and confidential,"
				noting its receipt of the complaint and its confirmation of the licensed status
				of the accused LRC.
B. The
				committee will determine whether the complaint, if true, would violate one of
				more sections of the Code of Professional Ethics for Licensed Rehabilitation
				Counselors. If not, the complaint will not be accepted and the complainant and
				licensee so informed in writing via certified mail.
C. If the committee determines that the
				complaint contains insufficient information to make a fair determination of
				whether the behavior alleged in the complaint would be cause for action by the
				committee, the committee may request further written information for the
				complainant or others.
D. When
				complaints are accepted, the complainant and LRC will be so informed in writing
				via certified mail.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:3441-3452 and
				  36:478.I.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1711 - Notification of LRC

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once the
				complaint has been received, the LRC will be sent a copy of the complaint via
				certified mail, and marked "personal and confidential."
B. If the complaint is accepted, the LRC will
				be asked to respond in writing to the complaint against him/her, addressing
				each of the following areas:
1. acknowledge
				the section of the LLPVRC Code of Professional Ethics for Licensed
				Rehabilitation Counselors which he/she has been accused of having violated;
				and
2. submit any fact affidavits,
				documents, or written arguments which he/she wishes to be considered by the
				committee in reviewing the complaint.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1712 - Disposition of Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. After
				receiving the response of the LRC, committee members will be provided copies of
				the response and supporting fact affidavits, documents, or written arguments
				provided by the LRC and others.
B.
				At the next meeting or teleconference of the committee, the committee will
				discuss the complaint, response, and any supporting documentation.
C. On the basis of the complaint and the
				LRC's response, the committee must act as follows:
1. if no violation is found, the case will be
				closed and all parties will be notified of case closure in writing via
				certified mail; or
2. if reasonable
				basis is found to exist for any violation alleged in the complaint, all parties
				will be notified in writing via certified mail. Upon a finding of reasonable
				basis, the LRC may make a written request for a hearing before the committee or
				the committee, in its discretion, may initiate a hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1713 - Withdrawal of Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				complainant and LRC agree to discontinue the complaint process, the committee
				may, at its discretion, complete the adjudication process if available evidence
				indicates that this is warranted.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:3441-3452 and
				  36:478.I.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1714 - Ethics Committee Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Letter of Instruction. In the event it is determined that the LLPVRC Code of
				Professional Ethics for Licensed Rehabilitation Counselors has been violated,
				the committee will consider the degree of harm and significant mitigating
				circumstances and may issue a letter of instruction, which is not a
				sanction.
B. Sanctions. In the
				event it is determined that the LLPVRC Code of Professional Ethics for Licensed
				Rehabilitation Counselors has been violated, and a letter of instruction is not
				appropriate, the committee shall impose one or a combination of the possible
				sanctions which follow.
1. Reprimand.
				Remedial requirements may be stipulated by the committee.
2. Probation for a specified period of time
				subject to committee review of compliance. Remedial requirements may be imposed
				to be completed within a specified period of time.
3. Suspension of LRC license for a specified
				period of time subject to committee review of compliance. Remedial requirements
				may be imposed to be completed within a specified period of time.
4. Revocation of LRC license.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1715 - Notification of Results

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LRC
				shall be given a written notice via certified mail of committee decisions
				regarding complaints against him/her.
B. If a violation has been found and the
				LRC's license has been suspended or revoked, other licensure or certification
				boards, voluntary national certification boards, and appropriate professional
				associations will also be notified of the results.
C. If a violation has been found and the
				LRC's license has been suspended or revoked, a notice of the committee action
				that includes the section(s) of the LLPVRC Code of Professional Ethics for
				Licensed Rehabilitation Counselors that were found to have been violated and
				the sanctions imposed will be published on the LLPVRC website.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:3441-3452 and
				  36:478.I.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1716 - Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A hearing shall
				be initiated:
1. if the LRC requests a
				hearing; or
2. at any time at the
				request of the committee.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1717 - Hearing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose
1. A hearing will be conducted to determine
				whether a violation of the Code of Professional Ethics for Licensed
				Rehabilitation Counselors has occurred and, if so, to determine appropriate
				disciplinary action.
2. The
				committee shall be guided in its deliberations by principles of basic fairness
				and professionalism, and will keep its deliberations as confidential as
				possible, except as provided herein.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1718 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. Decisions of the
				LLPVCR Ethics Committee that a licensee has violated the Code of Professional
				Ethics for Licensed Rehabilitation Counselors may be appealed by the LRC found
				to have been in violation based on one or more of the following grounds:
1. the committee violated its policies and
				procedures for processing complaints of ethical violations; and/or
2. the decision of the committee was
				arbitrary and capricious and was not supported by the materials provided by the
				complainant and the licensee.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1719 - Substantial New Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the
				event substantial new evidence, which was not available to the LRC at the time
				of the hearing, is presented in a case in which an appeal was not filed, or in
				a case where a final decision has been rendered, the case may be reopened by
				the committee.
B. The committee
				will consider substantial new evidence that was unavailable at the time of the
				hearing and, if it is found to be substantiated and capable of exonerating an
				LRC whose license was revoked, the committee will reopen the case and proceed
				with the entire complaint process again.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:3441-3452 and
				  36:478.I.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1720 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The records of
				the committee regarding complaints are confidential except as provided herein.
1. All information concerning complaints
				against LRCs shall be confidential except that the committee may disclose such
				information when compelled by a validly issued subpoena or when otherwise
				required by law or valid court order. In addition, the committee may disclose
				to any appropriate organizations or individuals that an individual is under
				ethical investigation in cases deemed to be threats to the public welfare and
				only when to do so before final adjudication appears necessary to protect the
				public.
2. Nothing in this Section
				shall be construed to prevent the committee from communicating with the
				complainant, witnesses, potential members of fact-finding committees, or other
				sources of information necessary to enable the committee to carry out its
				investigative function.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 17 - Procedures for Processing Ethical Complaints › Section LXXXVI-1721 - Legal Actions Related to Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. LRCs are required to notify the committee
				if they learn of any type of legal action (civil or criminal) being filed in
				relation to the complaint.
B. In
				the event any type of legal action is filed regarding an accepted complaint,
				all actions related to the complaint may, at the discretion of the committee,
				be stayed until the legal action has been concluded.
C. If actions on a complaint are stayed, the
				complainant and the LRC will be notified in writing via certified
				mail.
D. When actions on a
				complaint are continued after a legal action is concluded, the complainant and
				the LRC will be notified in writing via certified mail.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:3441-3452 and
				  36:478.I.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 18 - Guidelines for Requesting Advisory Opinions from LLPVRC's Ethics Committee › Section LXXXVI-1800 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Consistent with
				the intent of the Louisiana Licensed Professional Vocational Rehabilitation
				Counselors (LLPVRC) Code of Professional Ethics for Licensed Rehabilitation
				Counselors, the LLPVRC Ethics Committee recommends that licensed rehabilitation
				counselors who are considering seeking advisory opinions first consult with
				other rehabilitation counselors and colleagues who are knowledgeable about
				ethics in order to attempt to resolve questions that may easily be addressed by
				other knowledgeable parties. If these attempts do not result in resolution of
				the matter, individuals may request advisory opinions from the LLPVRC Ethics
				Committee.
B. The committee
				provides advisory opinions on selected situations having ethical implications.
				These advisory opinions are provided as a general educational service and are
				rendered in response to limited and unverified information provided to the
				committee. Therefore, it should not be construed as direct advice regarding the
				unique or specific ethical or legal action recommendations that should be
				followed regarding the issues raised. The considerations described by the
				committee's advisory opinion should be regarded only as general educational
				assistance and not as specific direction in any particular instance.
C. Requests should not be filed if there is
				reason to believe that a violation of the code has occurred. Those attempting
				to determine if alleged behavior violates the code may receive a response to a
				request for an advisory opinion that may later appear to contradict a ruling
				made if a complaint is actually filed. This possible incongruity might be due
				to the fact that advisory opinions do not allow for full disclosure of all
				available information in the matter.
D. Information presented in a request for an
				advisory opinion and the committee's response to that ruling may be presented
				for educational purposes to other parties in a sanitized format.
E. LLPVRC's Ethics Committee meets four times
				per year. Requests received will be scheduled for review at the next scheduled
				meeting of the committee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3445.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXVI - Vocational Rehabilitation Counselors › Chapter 18 - Guidelines for Requesting Advisory Opinions from LLPVRC's Ethics Committee › Section LXXXVI-1801 - Requesting an Advisory Opinion

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Requests should be clear and concise and should include both the scenario and
				the requestor's opinion as to the standard(s) in the LLPVRC Code of
				Professional Ethics for Licensed Rehabilitation Counselors that relate to the
				matter as well as the requestor's interpretation of how to apply the
				standard(s) to the scenario. Further, if the requestor is a LRC, the request
				should advise as to the results of consultation with other rehabilitation
				counselors and colleagues.
B.
				Requests should be sent in writing to Louisiana Licensed Professional
				Vocational Rehabilitation Counselors Board of Examiners, P.O. Box 41594, Baton
				Rouge, LA 70835-1594, Attn: Ethics Committee.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:3441-3452 and
				  36:478(I).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 1 - General Provisions › Section LXXXIX-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. As announced in
				the October 1985 issue of the
Louisiana Register
, the rules,
				regulations and procedures, stated herein, were prepared by the Louisiana
				Department of Transportation and Development, Office of Public Works,
				hereinafter referred to as the "department", in accordance with
				R.S.
				38:3098-38:3098.8.
B. The rules, regulations and procedures
				stated herein will become effective on November 1, 1985 and supersede the
				rules, regulations and procedures in effect since April 21, 1983.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098 et
				  seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 1 - General Provisions › Section LXXXIX-103 - Purpose and Intent of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				purpose of the rules, regulations and procedures, stated herein, is to provide
				for a fair and impartial means for the licensing of and the development of
				minimum qualifications and standards of conduct for those persons, firms or
				corporations engaged or desiring to engage in the business of drilling or
				reworking water wells, drilling monitoring wells, heat pump wells or holes,
				geotechnical boreholes and/or plugging and abandoning wells or holes, excluding
				oil and gas wells.
B. The intent of
				the regulations and procedures is to minimize the chances of contaminating
				aquifers that are drinking water sources or potential sources, by those who are
				not qualified to drill or construct wells or holes and to reduce health and
				safety hazards associated with drilling and construction of such wells or
				holes.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098 and
				  R.S.
				  38:3098.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 1 - General Provisions › Section LXXXIX-105 - Definitions and Glossary of Terms

Current through Register Vol. 50, No. 6, June 20, 2024
A. For glossary of terms, refer to LAC
				56:I.113.A.
B. Definition of
				Contractor/Driller. Because the words
contractor
and
driller
are used interchangeably in
				R.S.
				38:3098 and because it was the intent of the
				state legislature to license
contractors
and not those persons
				who operate the rig and/or perform labor or services on a rig or site at the
				direction and under the personal supervision of a licensed contractor
				[R.S.
				38:3098(D)], the word
contractor
or
driller
in these regulations is
				used to refer to the person, firm, or corporation who engages in the business
				of drilling or reworking water wells, drilling monitoring wells, heat pump
				wells or holes, geotechnical boreholes and/or plugging and abandoning wells or
				holes, excluding oil and gas wells.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 1 - General Provisions › Section LXXXIX-107 - Wells and Holes That Shall Be Drilled by a Licensed Contractor

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				wells and holes shall be drilled, or constructed by a licensed contractor
				(driller) who is duly licensed by the department:
1. all water wells, regardless of use or
				type;
2. water test holes and pilot
				holes;
3. monitoring
				wells;
4. observation
				wells;
5. heat pump wells and
				holes;
6. geotechnical
				boreholes.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 1 - General Provisions › Section LXXXIX-109 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing in this
				Part shall prevent a person who has not obtained a license pursuant thereto
				from constructing or plugging a water well on his own or leased property which
				was intended for use only in a single family house which is his permanent
				residence, or was intended for use only for watering livestock on his farm;
				however, that person shall comply with all rules, regulations and standards for
				constructing and plugging such wells or holes, including registration
				requirements.
B. If the department
				finds that compliance with all the requirements of this Part would result in
				undue hardship, an exemption from any one or more of such requirements may be
				granted by the department to the extent necessary to ameliorate such undue
				hardship and to the extent such exemption can be granted without impairing the
				intent and purpose of this Part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 3 - Advisory Committee › Section LXXXIX-301 - Advisory Committee for the Regulation and Control of Water Well Contractors (Drillers)

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				10-member advisory committee shall be appointed, in accordance with
				R.S.
				38:3098.6, to serve in an advisory capacity
				and to make recommendations for the regulation and control of water well
				contractors (drillers), as defined in this Part.
B. The advisory committee shall consist of 10
				members, as follows:
1. the Secretary of the
				Department of Transportation and Development, Office of Public Works or his
				designee;
2. the Secretary of the
				Department of Natural Resources or his designee;
3. the Secretary of the Department of Health
				and Human Resources or his designee;
4. the president of the Louisiana Engineering
				Society or his designee;
5. one
				representative of the United States Geological Survey;
6. one domestic well driller selected by the
				governor from a list of three submitted by the Louisiana Water Well Driller's
				Association;
7. one municipal and
				industrial well driller selected by the governor from a list of three submitted
				by the Louisiana Water Well Driller's Association;
8. one irrigation well driller selected by
				the governor from a list of three submitted by the Louisiana Water Well
				Driller's Association;
9. two
				drillers, at large, selected by the secretary of the Department of
				Transportation and Development, Office of Public Works, from the water-well
				industry as a whole.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 3 - Advisory Committee › Section LXXXIX-303 - By-Laws and Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. By-Laws and
				Meetings. The advisory committee shall hold a minimum of one regular meeting
				each quarter, usually in February, May, August, and November, as specified by
				the chairman. Notice of the meetings shall be given by the department at least
				15 days prior to the meetings. Designated committee members must inform the
				department if they are unable to attend a meeting. Committee members do not
				have the privilege of sending replacements. Six members will be considered as a
				quorum for transacting business.
B.
				The chairman and vice-chairman shall be elected by the members of the committee
				during the third quarter meeting of each year to serve a term of one
				year.
C. A special meeting of the
				advisory committee may be called by the chairman or by three committee members,
				upon notification of all members, with five days notice. All notices of regular
				or special meetings of the committee will be sent to the official addresses of
				the members, as recorded by the committee.
D. The chairman shall preside at all meetings
				of the committee and shall, at any and all hearings of the committee, decide
				all questions of evidence and procedure, subject to the approval of a majority
				of the members of the committee present. The chairman or the person occupying
				the chair shall vote only to break a tie.
E. In the absence of the chairman and
				vice-chairman of the committee, the members present shall choose from their
				number an acting chairman.
F. In
				the case of the vacancy of the position of any officer of the committee by
				reason of death, resignation, disqualification or otherwise, the remaining
				members of the committee shall, at the next scheduled meeting, elect a
				successor to serve for the unexpired term.
G. In the case of the vacancy of any member
				of the committee by reason of death, resignation, disqualification or
				otherwise, the committee shall petition appropriate authority to appoint a
				replacement.
H. In the case of
				unexcused absenteeism by any member of the committee, three consecutive
				unexcused absences from the committee meetings shall be considered a de facto
				resignation by that member.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 5 - Procedures for Obtaining and Maintaining a License › Section LXXXIX-503 - License and Annual Renewal Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Those persons, firms or corporations who drill or rework water wells, drill
				monitoring wells, geotechnical boreholes, heat pump wells or holes, and/or plug
				abandoned wells or holes, excluding oil and gas wells, shall pay a license fee
				and an annual renewal fee of $100.
B. Those persons, firms or corporations who
				drill only domestic water wells (as defined in LAC 56:I.113.A) and who drill
				less than 25 domestic wells annually, shall pay a license fee and an annual
				renewal fee of $50.
C. Fees shall
				be paid either by check or money order; cash payments will not be accepted. The
				department will deposit all fees in a special fund in the office of the state
				treasurer to be used for the implementation of this Part.
D. A contractor's (driller's) license shall
				apply to all drillers employed by that contractor. A license fee or an annual
				renewal fee shall be required for each license issued or renewed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 5 - Procedures for Obtaining and Maintaining a License › Section LXXXIX-505 - Licensing Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				applicant who submits an application after June 30, 1981 will be required, upon
				approval of his application, to successfully pass an examination prepared and
				administered by the department.
B.
				If the application is approved, the department will notify the applicant of the
				date, time and place where he may appear for the examination. The examination
				will be written, and a fee of $10 (check or money order only) will be collected
				from each applicant taking the exam. Any applicant who fails an examination may
				apply for a subsequent exam but must pay the examination fee each time he takes
				the exam.
C. At the discretion of
				the department, an applicant may be given an oral exam instead of a written
				exam. Request for oral examination must be sent to the department prior to the
				exam date so that appropriate arrangements can be made.
AUTHORITY NOTE:
				  Promulgated in accordance with R. S. 38:3098.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 5 - Procedures for Obtaining and Maintaining a License › Section LXXXIX-507 - Qualifications and Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. To
				qualify for a license, the applicant must be at least 18 years of age, be of
				good moral character, have a minimum of two years of drilling experience under
				the supervision of a licensed water well contractor or other comparable
				drilling experience acceptable to the department, and demonstrate to the
				satisfaction of the department, a reasonable knowledge of the Water Well Rules,
				Regulations and Standards, state of Louisiana. The license application form
				must state the applicant's work experience and the names and addresses of two
				licensed contractors (drillers) familiar with the applicant's experience. The
				advisory committee will review each application received by the department and
				will then make recommendations as to which applications should be accepted or
				rejected by the department. The license application must be approved by the
				department before the applicant can take the licensing examination.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 5 - Procedures for Obtaining and Maintaining a License › Section LXXXIX-509 - Requirements for Maintaining a License

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to maintain a Louisiana drilling
				license, the contractor shall abide by the rules and regulations stated herein
				as well as all rules and regulations promulgated by the department for the
				construction, registration, plugging and abandonment of wells and holes. A
				drilling license is not transferable and shall only be used by the driller or
				the contractor who is duly authorized by the department to use such a
				license.
B. Continuing Education.
				Six hours of continuing education are required for maintenance and renewal of a
				license annually. Five hours shall consist of continuing education in
				generalized water well drilling principles; drilling or reworking of water
				wells; drilling monitoring wells, heat pump wells or holes; geotechnical
				boreholes; plugging and abandoning wells or holes; safety in drilling
				operations, including utility notifications and equipment transport; well
				construction/pumps; geology and hydrogeology; new technologies; and/or other
				relevant topics approved by the department. One hour shall consist of training
				provided and/or approved by the department on relevant state law, rules, and
				regulations governing the above, or relevant compliance and enforcement
				matters. The license holder must attest to the department personal attendance
				for each required continuing education hour. The department will review the
				submitted continuing education documentation and provide notice of
				certification or rejection of all or some of the hours. Rejected hours must be
				completed within 60 days of notice from the department, subject to penalty
				found in §503.F and
				§503.G The department
				may consider requests for, and act upon, exceptions to the above requirements
				on an individual, case-by-case basis resulting from reasonable extenuating
				circumstances and/or hardships.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 7 - Record Keeping; Identification › Section LXXXIX-701 - Record Keeping

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				contractor (driller) shall keep accurate records on each well or hole drilled
				or plugged including, but not limited to, its location, depth, character of
				formations drilled, fluids encountered and such other reasonable information as
				the department may specify. The contractor shall within 30 calendar days after
				completion of each well or hole, file a registration or plugging form with the
				department as per requirements of Chapters 1 and 3, of the Water Well Rules,
				Regulations and Standards, state of Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098.5.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 7 - Record Keeping; Identification › Section LXXXIX-703 - Vehicle and Equipment Identification

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be the responsibility of the
				licensed contractor to ascertain that the rig(s) and service vehicle(s) used in
				his drilling operation are plainly and legibly marked with an identification
				number visible at all times. The identification number to be used shall be the
				license number of the contractor responsible for the drilling operation. The
				license number shall be printed on each side of every rig and service vehicle
				in numerals of not less than two inches high, in a color sufficiently different
				from the color of the vehicle so that the number is plainly legible.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 9 - Reciprocity and Residency Requirements › Section LXXXIX-901 - Reciprocity

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department,
				upon receipt of an application and the required license fee, will issue a
				license to any person, firm or corporation who holds a valid driller's license
				from any other state, provided the standards under which the license was issued
				are at least equivalent to those of Louisiana and provided that the state which
				issued the license will accord similar privileges to the licensed Louisiana
				drillers who may wish to apply for a license from that state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 9 - Reciprocity and Residency Requirements › Section LXXXIX-903 - Residency

Current through Register Vol. 50, No. 6, June 20, 2024
A. Residency
				requirements for out-of-state applications shall be the same as those required
				for Louisiana drillers in the applicant's state of residency.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  38:3098.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 11 - Revocation; Hearings; Appeals › Section LXXXIX-1101 - Revocation of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				grounds for revoking a well driller's license shall be as follows
				(R.S.
				38:3098.4):
1. that he has intentionally made a material
				misstatement in the application for such license; or
2. that he has willfully violated any
				provisions of this Part; or
3. that
				he has obtained, or attempted to obtain, such license by fraud or
				misrepresentation; or
4. that he
				has been guilty of fraudulent or dishonest practices; or
5. that he has demonstrated lack of
				competence as a driller of water wells; or
6. that he has failed or refused to file
				reports as required under the provisions of this Part; or
7. that he has willfully and contumaciously
				refused to obey reasonable orders, rules and regulations of the department of
				Transportation and Development, Office of Public Works.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 11 - Revocation; Hearings; Appeals › Section LXXXIX-1103 - Violations and Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Provisions addressing enforcement of this Part appear in
				R.S.
				38:3098.3, as follows.
1. If the Department of Transportation and
				Development, Office of Public Works has reasonable grounds for believing that
				there has been a violation of this Part or any rules or regulations adopted
				pursuant thereto, the department shall give written notice to the person
				alleged to be in violation and shall conduct a hearing on such alleged
				violation, such hearing to be conducted in accordance with the Administrative
				Procedure Act in Title 49. Such notice shall identify the provisions of this
				Part or regulation issued hereunder alleged to be violated and the facts
				alleged related thereto. The notice shall be served in the manner required by
				law for the service of process upon a person in a civil action, and may be
				accompanied by an order of the department requiring described remedial action
				which, if taken within the time specified in such order, will effect compliance
				with the requirements of this Part and regulations issued thereunder. Such
				order shall become final within 30 days from the service thereof unless a
				request for a hearing as provided elsewhere in this Part is made within such
				time. In lieu of such order, the department may require the persons named in
				such notices to appear at a hearing at a time and place specified in the
				notice.
2. If the Department of
				Transportation and Development, Office of Public Works, finds that any
				provision of this Part has been violated and that disciplinary action by the
				department is insufficient or unavailable, it shall be the duty of the said
				department to proceed with enforcement of this Part by proper proceedings
				through any court of competent jurisdiction.
3. Also, in addition to the above, grounds
				for revoking a driller's license appear in
				R.S.
				38:3098.4 (see §1101).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXXIX - Water Well Contractors (Drillers) › Chapter 11 - Revocation; Hearings; Appeals › Section LXXXIX-1105 - Enforcement Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Penalties
				that are applicable to drillers who have either failed to obtain a license or
				who have violated any provisions of this Part appear in
				R.S.
				38:3098.7, as follows.
1. Any person, firm or corporation who
				engages in or follows the business or occupation, or advertises, holds itself
				out, or acts temporarily or otherwise as a well driller without having first
				secured the required license or renewal thereof, or who otherwise violates any
				provisions of this Part shall be guilty of a misdemeanor and upon conviction
				shall be fined not less than $100 and not more than $1000 within the discretion
				of the court; and each day in which such violation exists or continues shall
				constitute a separate offense.
2.
				In addition to the penalties prescribed herein, any person who violates any
				order of the department requiring described remedial action as set out
				elsewhere in this Part, which shall specify a time requirement for compliance
				with such order, shall be subject to a penalty not to exceed $100 for each day
				such noncompliance continues.