reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part V - Office of the Secretary › Chapter 1 - Substance Abuse and Drug-Free Workplace Program › Section V-119 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. DED
				reserves the right to have a licensed physician, of its own choosing and at its
				own expense, determine if use of prescription medication produces effects which
				impair the employee's performance or increase the risk of injury to the
				employee or others. In such case, DED will modify the employee's customary job
				duties or work activities for the period the employee is unable to safely
				perform his/her customary job duties. Alternatively, the employee may be
				required/permitted to use accrued leave.
B. Although the substance abuse testing
				defined in these rules is restricted to five specified drugs and alcohol, DED
				reserves the right to require employees to submit to additional testing, if
				warranted. Such tests will only be administered when post-accident or
				reasonable suspicion testing produce negative results and the employee's
				behavior clearly indicates impairment or other indicia of substance use.
				Separate samples will be collected for these additional tests and the testing
				process will fully comply with DHHS regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:1015 et
				  seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part V - Office of the Secretary › Chapter 1 - Substance Abuse and Drug-Free Workplace Program › Section V-121 - Appendix A

Current through Register Vol. 50, No. 6, June 20, 2024
No safety sensitive positions at this time.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:1015 et
				  seq.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part V - Office of the Secretary › Chapter 2 - Governor's Economic Development Rapid Response Program › Section V-201 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Secretary of
				the Department of Economic Development and the governor of this state, on their
				own initiative, may offer an award of financial assistance to a business entity
				under circumstances they, in their discretion, determine to be appropriate; and
				they may in their discretion require the business entity to submit some or all
				of the information required of applicants under these rules, or they may invite
				a business entity to become an applicant to request an award of financial
				assistance subject to the rules of this program.
B. The purpose of this program is to provide
				an application, review and approval process for applicants to seek state
				financial assistance for immediate funding of all or a portion of economic
				development projects in order to successfully secure the creation and/or
				retention of jobs by a business entity in Louisiana under such circumstances as
				may be determined appropriate by the Secretary of Economic Development and the
				governor of Louisiana, in their discretion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:104 and
				  36:108.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part V - Office of the Secretary › Chapter 2 - Governor's Economic Development Rapid Response Program › Section V-207 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. An eligible
				application for the award must meet the eligibility requirements set forth in
				this section, the general principles set forth in
				§205 above and the criteria set forth in
				§209 below.
B. A company shall be considered ineligible
				for this program if it has pending or outstanding claims or liabilities
				relative to failure or inability to pay its obligations, including state or
				federal taxes, a bankruptcy proceeding, or if it has pending, at the federal,
				state, or local level, any proceeding concerning denial or revocation of a
				necessary license or permit, or if the company has or has had another contract
				with LED in which the company is in default and/or is not in
				compliance.
C.
1. Businesses not eligible for awards under
				this program are:
a. retail businesses,
				enterprises and/or operations;
b.
				real estate businesses, enterprises, operations and/or developments;
c. lodging or hospitality businesses,
				enterprises and/or operations;
d.
				assisted living businesses, enterprises or operations, retirement communities,
				or nursing homes; or
e. gaming or
				gambling businesses, enterprises and/or operations.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part V - Office of the Secretary › Chapter 2 - Governor's Economic Development Rapid Response Program › Section V-209 - Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules seek
				to maximize both the economic development from a particular award pursuant to
				this program and to more efficiently utilize taxpayer money in pursuing the
				goals of economic development.
B.
				Among the factors that may be taken into account in the review of award
				requests are the following:
1. actual local
				governmental commitment to the project (including the sharing of responsibility
				for the company's compliance with the terms and conditions of the
				award);
2. availability of other
				federal, state, local or private funding programs for the project;
3. jobs created, jobs retained, compensation
				or payroll levels, company investment prior to the request for the project, and
				company commitment to match funds that will equal or exceed the amount of the
				award grant, loan or loan guaranty;
4. company membership in and utilization of
				cooperative organizations for industry best practices and
				improvement;
5. evaluation of
				overall industry performance in the context of the goals of
Louisiana:
				Vision 2020
;
6. compelling
				evidence that the award, if approved, will retain and/or create jobs; that the
				award, when committed and implemented, needs immediate funding; and the
				immediate funding is the final necessary commitment to secure the
				project;
7. the period of time that
				the company will commit to maintain its new and/or retained jobs and their
				compensation or payroll levels; and
8. the terms of the "clawback" (or refund)
				provisions, in the event of a default.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part V - Office of the Secretary › Chapter 2 - Governor's Economic Development Rapid Response Program › Section V-211 - Application Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				applicant(s) must submit to LED an application, which may be in letter form or
				in a more formal application format, which shall contain, but not be limited
				to, the following:
1. an overview of the
				company, its history, and the business climate in which it operates, including
				audited or certified financial statements and business projections;
2. preliminary or final construction,
				operation or other plans and a timetable for the project, including the time
				period for which the rapid response funding is necessary;
3. evidence as to the need for immediate
				funding;
4. a detailed description
				of the anticipated or proposed use or expenditure of the funds sought for the
				project;
5. evidence of the number,
				types and compensation or payroll levels of the jobs to be created and/or
				retained which will be filled with employees by the company in connection with
				the project, and the amount of capital investment to be made for the
				project;
6 details of the health
				insurance coverage that is or will be offered to employees at all levels of the
				company;
7. the period of time for
				which the company will commit to maintain the newly created and/or retained
				jobs and their compensation or payroll levels;
8 the application must demonstrate adherence
				to and overall consistency with the general principles and criteria set forth
				above; and
9. the application is to
				set forth facts and representations that in addition to those required by
				Paragraphs 1 - 8 above, fulfill the general principles of §205, the eligibility
				requirements under §207, and meet the criteria set forth in
				§
											209 above, in order to qualify
				for an award under this program.
Louisiana Administrative Code › Title 13 - ECONOMIC DEVELOPMENT › Part V - Office of the Secretary › Chapter 2 - Governor's Economic Development Rapid Response Program › Section V-213 - Submission and Review Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applicants must submit their completed application to LED for review and
				evaluation. Submitted applications will be reviewed and evaluated by LED staff.
				Input may be required from the applicant, targeted industry directors, other
				staff of the Department of Economic Development and other state agencies as
				needed in order to evaluate the project in the context of these rules and with
				respect to the overall economic well-being of the state and local communities.
				LED may determine that advice of a third party may be appropriate to its
				analysis of the application and may undertake such a review as part of this
				procedure.
B. An economic
				cost-benefit analysis of the project, including an analysis of the direct and
				indirect net economic impact and fiscal benefits to the state and local
				communities will be prepared by LED and must establish that the award hereunder
				is in accordance with the requirements of Article VII, Section 14 of the
				Louisiana Constitution.
C. Upon
				determination that an application meets the general principles of § 205, the
				eligibility requirements under §207, and meets the criteria set forth for this
				program under § 209, LED staff will then make a recommendation to the
				secretary, who may accept or reject the staff's recommendation. The secretary
				may or may not, in his discretion, then make his own recommendation to the
				governor, which may or may not follow the recommendation of the staff. The
				application will then be reviewed and approved or rejected by the
				governor.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  36:104 and
				  36:108.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 1 - Open Housing Act › Section I-101 - Rules of Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
						order for a program to qualify for an exemption under the Louisiana Open
						Housing Act, more particularly
						R.S.
						51:2605(C) thereof, the
						attorney general or his designee must determine that a program is specifically
						designed and operated to assist elderly persons, which determination must be
						consistent with the Secretary of the Department of Housing and Urban
						Development under Section 807(b)(2) of the Fair Housing Act.
B. Any conciliation agreement arising out of
						conciliation efforts by the attorney general or his designee shall be made
						public unless the complainant and respondent otherwise agree and the attorney
						general or his designee determine that disclosure is not required to further
						the purposes of the Louisiana Open Housing Act.
C. Final administrative disposition of a
						complaint by the attorney general or his designee shall take place within one
						year of the date of receipt of a complaint, unless it is impractical to do so
						at which time the attorney general or his designee shall notify the complainant
						and respondent in writing for the reasons of the delay.
D. Any civil action filed by the attorney
						general or his designee requesting relief pursuant to
						R.S.
						51:2614(A) shall be brought
						only against those respondents or persons charged pursuant to
						R.S. 51:2611 who
						have been served with a copy of the complaint in accordance with law and
						advised of their rights and obligations under the law and only after an
						opportunity to conciliate.
AUTHORITY NOTE:
							Promulgated in accordance with
							R.S.
							51:2610(A), as amended, and
							R.S.
							36:702(3).
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter A - Administration › Section I-301 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The terms
							defined in the Act have the same meaning when used in these rules as are
							ascribed to them in the Act .
Act
-Chapter 3-A of Title 40 of the
								Louisiana Revised Statutes of 1950, as amended.
Adjusted Family Income
-the gross annual
								income, from all sources and before taxes or withholding, of all members of a
								family living in a dwelling unit or housing unit, after deducting the
								following: unusual or temporary income of any family member, $1,000 for each
								family member, earnings of any family member who is a minor under 18 years of
								age or who is physically or mentally handicapped and the lesser of $5,000 or 10
								percent of such gross annual income.
Agency
-the Louisiana Housing Finance
								Agency created by the Act.
Agreement
-the sale and service agreement,
								in the case of the agency's insured mortgage loan purchase program, or the
								lender agreement, in the case of the agency's loans to lenders program.
Applicant
-a corporation, partnership,
								joint venture, trust, individual, public body or agency or other entity, making
								application to receive agency moneys or services under the Act.
Application
-a request for agency
								assistance under the Act made on forms furnished by the agency and containing
								such information as the executive director requires.
Executive Director
-the executive director
								employed by the agency who is the chief administrative officer of the agency.
Family
-
a. a person who is physically or mentally
								handicapped;
b. a person who is 62 or more years of age;
c. two or more persons living together not contrary to law;
								and
d. a single person who is neither handicapped nor 62 or
								more years of age.
Feasible Housing Project
-a proposed
								housing project as to which the agency has made a determination that such
								project can reasonably be expected to be successfully constructed on the
								proposed site within cost limitations acceptable to the agency and can
								reasonably be expected to be operated in a fiscally sound manner.
Housing Unit
-living accommodations
								intended for occupancy by a single family (1-4 units) and which will be owned
								by the occupant thereof.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter A - Administration › Section I-303 - Persons or Families of Low or Moderate Income

Current through Register Vol. 50, No. 6, June 20, 2024
A. With respect to a housing project or a
							housing unit financed by an insured mortgage loan, which insured mortgage loan
							is a federally aided mortgage in whole or in part, the agency's action in
							authorizing such mortgage loan shall have the effect of adopting as the
							agency's income limitations for initial occupancy of the housing project or
							part thereof or housing unit, which is financed by a mortgage loan which is a
							federally aided mortgage, the income limitations for initial occupancy then
							provided in the federal program pursuant to which the mortgage loan or part
							thereof qualifies as a federally aided mortgage.
B. With respect to a housing project or a
							housing unit financed by an insured mortgage loan not federally aided in whole
							or in part, the agency's income limitations for initial occupancy of a housing
							project or part thereof or housing unit shall be an adjusted family income not
							exceeding $40,000 per annum, as evidenced to the satisfaction of the agency,
							provided that the agency by resolution may adjust the maximum income in
							accordance with changes in the federal Consumer Price Index. In any event, the
							agency by resolution may set a lower adjusted family income maximum with
							respect to any particular housing project or housing unit in order to
							accomplish the purposes of the Act to provide housing for low and moderate
							income persons.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter A - Administration › Section I-305 - Asset Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A.
							The agency by resolution may establish asset criteria when it determines that
							action to be necessary to preserve the integrity of established income
							limitations and to effectuate the purposes of the Act.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter A - Administration › Section I-307 - Acceptance of Aid and Guarantees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to the Act, the agency, by
							resolution, may accept financial or technical assistance, including insurance
							and guarantees, from the federal or state governments or any person or
							corporations, agree and comply with any condition attached thereto, and
							authorize and direct the execution on behalf of the agency of any agreement
							which it considers necessary or appropriate to implement any such financial and
							technical assistance, insurance, guarantees or other aid.
B. Without limitation on the provisions of
							Subsection A the agency by resolution may accept any guarantee or commitment to
							guarantee its bonds or notes and authorize and direct the execution on behalf
							of the agency of any agreement which it considers necessary or appropriate with
							respect thereto.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter A - Administration › Section I-309 - Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. To inform itself
							and the public the agency may hold public hearings anywhere in the state and
							may limit the scope of such hearings.
B. A person, firm, corporation or public body
							or agency, aggrieved by a decision of the agency or the executive director, may
							request in writing that the agency hold a hearing in accordance with the
							Administrative Procedure Act.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter A - Administration › Section I-311 - Bylaws

Current through Register Vol. 50, No. 6, June 20, 2024
A. The bylaws of
							the agency shall be adopted and amended by resolution and shall be public
							records. The bylaws shall include the time and place of regular meetings, the
							manner of calling special meetings and such internal procedures as the agency
							requires.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter B - Applications and Applicant Eligibility Rule › Section I-315 - Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency staff
							may provide staff services to assist an applicant in complying with the
							requirements of the Act and these rules. The executive director may establish a
							preapplication procedure.
B. Forms
							to be employed for applications may be prepared by the agency and shall be
							approved by the executive director and shall specify the information to be
							included therein and the supporting materials to be submitted
							therewith.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter B - Applications and Applicant Eligibility Rule › Section I-317 - Eligible Applicants

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
							insured mortgage loan, or part thereof, shall not be made or disbursed to an
							applicant until such time as the applicant is an eligible applicant.
B. An eligible applicant is an applicant
							satisfying the criteria established by and in accordance with the Act and these
							rules and regulations for eligibility to participate in a housing program of
							the agency.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter C - Feasible Housing Projects › Section I-321 - Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application
							for a loan to a lending institution shall require a determination that the
							proposed housing project is a feasible housing project and shall include
							information, and where required by the agency supporting materials and
							evidence, with respect to:
1. the status of
							the applicant as an eligible applicant, or that reasonable steps have been
							taken to become an eligible applicant;
2. the site of the proposed housing project,
							including location, dimensions, ownership, present zoning, present use and
							occupancy and relocation requirements as to present occupants, present on-site
							improvements such as streets, utilities and structures, status of off-site
							utilities and streets, present property taxes and assessments, utility charges
							and liens or other charges on the land and all physical characteristics of the
							site that might affect construction;
3. the status and characteristics of the
							proposed housing project, including number and size of dwelling units, types of
							occupancy (ownership, rental or cooperative), rehabilitation or new
							construction, range of proposed rents, occupancy charges or sales prices,
							operating expenses, building type, federally aided mortgage or otherwise, and
							proposed incidental or appurtenant social, recreational, commercial and
							communal facilities;
4. the status
							of the federal, state or private mortgage loan insurance or guarantee for the
							proposed housing project, if any, and the security to be pledged with respect
							to the loan from the agency;
5.
							other matters as to the proposed housing project, the applicant and other
							parties involved in the housing project as the agency may require.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter C - Feasible Housing Projects › Section I-323 - Processing and Evaluation of Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application for a determination that a
							proposed housing project is a feasible housing project shall be processed by
							the agency on the basis of project evaluation factors hereinafter called the
							"agency's evaluation factors" as to economic, physical and social
							characteristics developed by the agency.
B. An applicant may be required to furnish to
							the agency supplementary information and to amend the application to cause the
							proposed housing project to be fully consistent with the agency's evaluation
							factors.
C. Upon completion of the
							processing and the approval of the application by the executive director, the
							agency staff analysis of the application and the executive director's
							recommendations with respect thereto shall be presented to the
							agency.
D. Notwithstanding anything
							in this Section to the contrary, until such time as the agency shall have an
							executive director and staff, the agency may process and evaluate applications
							without recourse to an executive director and staff.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter C - Feasible Housing Projects › Section I-325 - Determinations of Feasibility and Authorization of Loans

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency shall review each analysis and
							recommendation and, if it determines that the application meets the
							requirements of the Act and these rules and is consistent with the agency's
							evaluation factors, by resolution, it may determine that the proposed housing
							project is a feasible project and a loan may be made to the lending institution
							to finance the same.
B. The
							resolution shall include determinations by the agency that:
1. the proposed housing project will provide
							housing for persons of low and moderate income;
2. the applicant has adequate security to
							secure repayment of the loan and the applicant reasonably expects the owner to
							achieve successful completion of the proposed housing project;
3. the proposed housing project will meet
							asocial need in the area in which it is to be located.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter D - Insured Mortgage Loans › Section I-329 - Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application
							for an insured mortgage loan for a housing project to be funded by the proceeds
							of the agency's notes or bonds shall include, where applicable, information,
							and, where required by the agency or a lending institution acting on behalf of
							the agency, supporting materials and evidence, with respect to:
1. the status of the applicant as an eligible
							applicant;
2. the site of the
							proposed housing project or housing unit, including location, dimensions,
							ownership, present zoning, present use and occupancy and relocation
							requirements as to present occupants, present on-site improvements such as
							streets, utilities and structures, status of off-site utilities and streets,
							present property taxes and assessments, utility charges and liens or other
							charges on the land and all physical characteristics of the site that might
							effect construction;
3. the status
							and characteristics of the proposed housing project, including number and size
							of dwelling units, type of occupancy (ownership, rental or cooperative),
							rehabilitation or new construction, building type, federally aided mortgage or
							otherwise, and proposed incidental or appurtenant social, recreational,
							commercial and communal facilities;
4. identity and qualifications of the design
							architect, supervisory architect, applicant's attorney, housing consultant,
							general contractor, marketing or sales agent and management agent;
5. proposed marketing plan, reports of market
							surveys or analyses, schedule of proposed rents, occupancy charges or sale
							prices, proposed operating budget, proposed management plan, schedule of the
							proposed uses of the requested mortgage loan and the amounts to be allocated to
							each such use including the applicant's equity investment where applicable and
							a proposed construction schedule;
6. other matters as to the proposed housing
							project, the applicant and other parties involved in the housing project as the
							agency, the agency staff and the executive director may require.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter D - Insured Mortgage Loans › Section I-331 - Processing and Evaluation of Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application for the purchase of an
							insured mortgage loan shall be processed by the agency or by a lending
							institution on behalf of the agency on the basis of the agency's evaluation
							factors. The lending institution shall undertake such land appraisals, market
							surveys and analyses, reviews of the architectural design, site plan and
							construction costs, materials and methods, and other matters as may be
							determined to be appropriate to insure that the proposed housing project is
							consistent in all respects with the agency's evaluation factors.
B. An applicant may be required to furnish
							the agency and lending institution supplementary information and to amend the
							application to cause the proposed housing project to be fully consistent with
							the agency's evaluation factors.
C.
							Upon completion of the processing and approval of the application by the
							lending institution, the lending institution's analysis of the application and
							recommendation with respect thereto shall be presented to the agency.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter D - Insured Mortgage Loans › Section I-333 - Authorization of Purchase of Insured Mortgage Loans for Housing Projects

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency shall
							review each analysis and recommendation and if it determines that the
							application meets the requirements of the Act and these rules and is consistent
							with the agency's evaluation factors, by resolution, it may authorize the
							purchase of an insured mortgage loan made to the applicant.
B. The resolution shall include
							determinations by the agency that:
1. the
							applicant is an eligible applicant;
2. the proposed housing project will provide
							housing for persons or families of low or moderate income;
3. the applicant is reasonably expected to be
							able to achieve successful completion of the proposed housing
							project;
4. the proposed housing
							project will meet a social need in the area in which it is to be
							located;
5. the proposed housing
							project may reasonably be expected to be marketed successfully;
6. all elements of the proposed housing
							project, including, without limitation, the ownership, design, construction,
							occupancy, management and operation thereof, have been established in a manner
							consistent with the agency evaluation except as to any such elements as are the
							subject of conditions as to the authorization of the insured mortgage loan as
							provided in §333;
7. in light
							of the estimated project cost of the proposed housing project, the amount of
							the insured mortgage loan authorized by such resolution is consistent with such
							maximum limitations on the ratio of mortgage loan amount to estimated project
							cost as the agency by resolution may establish.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter D - Insured Mortgage Loans › Section I-335 - Conditions and Special Determinations in Authorization

Current through Register Vol. 50, No. 6, June 20, 2024
A. An insured mortgage loan purchase
							commitment of the agency, the issuance of which is authorized by an agency
							resolution, shall include such conditions as the agency considers appropriate
							with respect to the commencement of construction of the proposed housing
							project, the marketing and occupancy of such housing project and the use,
							disbursement and repayment of the insured mortgage loan authorized. A mortgage
							loan purchase commitment may include a financial analysis of the subject
							housing project, which shall establish the initial schedule of rents or
							occupancy charges, the approved budget for operation of the housing project and
							the schedule of use of the proceeds of the insured mortgage loan.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter D - Insured Mortgage Loans › Section I-337 - Priorities for Allocation of Moneys for Insured Mortgage Loans

Current through Register Vol. 50, No. 6, June 20, 2024
A. Priorities for
							allocation of agency moneys available for the purchase of insured mortgage
							loans shall be established and reviewed by the agency. Priorities shall be
							based on criteria established by the agency as best effectuating the purposes
							of the Act including, without limitation, a determination by the agency of an
							area's need for housing for persons or families of low or moderate income as
							compared to the agency's determination of the overall housing needs of the
							area.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter E - Mortgage Lending Institutions › Section I-339 - Invitation to Mortgage Lending Institutions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency from time to time by resolution
							shall approve the submission of the invitation to mortgage lending institutions
							to lending institutions with offices in the state. The invitation to mortgage
							lending institutions shall inform lending institutions of the nature and
							features of the agency's insured mortgage loan purchase program and shall in
							particular state the following:
1. the amount
							of the origination fee which a lending institution may charge a
							mortgagor;
2. the amount of the
							service fee which a lending institution may charge a mortgagee;
3. the definition of the lending institution
							commitment fee to accompany the offer to participate; and
4. the definition of the letter of credit
							which the agency by resolution may require each lending institution to
							submit.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter E - Mortgage Lending Institutions › Section I-341 - Offer to Participate

Current through Register Vol. 50, No. 6, June 20, 2024
A.
							The agency from time to time by resolution shall approve the form of the offer
							to participate and agreement for submission to lending institutions with
							offices in the state. The offer to participate made by a lending institution in
							response to the Invitation shall incorporate the agreement by reference, shall
							be a unilateral offer and shall be a binding contract between the agency and
							the lending institution upon acceptance and notice of acceptance by the
							agency.
B. The offer to participate
							of a lending institution shall state the aggregate principal amount of the
							insured mortgage loans it offers to originate pursuant to the agency's program
							and the period within which such insured mortgage loans are to be originated.
							The lending institution shall submit its commitment fee with the offer to
							participate and shall state that it will deliver the letter of credit, if
							required, at or before the time of the purchase of the agency's bonds. In
							addition, the lending institution shall submit with the offer to participate a
							certificate of information which shall detail its historical mortgage loan
							origination and servicing experience.
C. The agency shall notify each lending
							institution which has submitted an offer to participate as to the aggregate
							principal balance of insured mortgage loans, if any, the agency will agree to
							purchase, subject to the conditions set forth in the agreement. The aggregate
							principal balance of insured mortgage loans which the agency will agree to
							purchase from any lending institution shall not exceed the aggregate principal
							balance of the insured mortgage loans offered for sale by the lending
							institution and may be in an amount less than that requested.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter E - Mortgage Lending Institutions › Section I-343 - Allocation of Funds for Insured Mortgage Loan Purchases

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency shall in its sole discretion
							reduce the amount of each offer to participate to an amount it deems reasonable
							in the event that the agency receives offers to originate more insured mortgage
							loans than is practical. Such reduction shall be on a pro rata basis, provided
							that the agency may consider the historic origination experiences of the
							lending institutions and related factors. Priorities for allocation of agency
							moneys available for the purchase of insured mortgage loans may be established
							and reviewed by the agency. Priorities shall be based on criteria established
							by the agency as best effectuating the purposes of the Act including, without
							limitation, a determination by the agency of an area's need for housing for
							persons or families of low or moderate income as compared to the agency's
							determination of the overall housing needs of the area.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter E - Mortgage Lending Institutions › Section I-345 - Interest Rate Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A.
							The agency, by an interest rate notice, shall notify each lending institution
							of the interest rate it may charge on the insured mortgage loans and the date
							of the expected availability of bond or note proceeds to purchase insured
							mortgage loans.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter E - Mortgage Lending Institutions › Section I-347 - Insured Mortgage Loan Amount

Current through Register Vol. 50, No. 6, June 20, 2024
A.
							The purchase price of each insured mortgage loan purchased by the agency shall
							be as is specified in the offer to participate. A lending institution may
							charge each mortgagor or an insured mortgage loan such fees and charges as are
							permitted by resolution of the agency.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter E - Mortgage Lending Institutions › Section I-348 - Terms and Conditions of Insured Mortgage Loans

Current through Register Vol. 50, No. 6, June 20, 2024
A. Insured mortgage loans originated by
							lending institutions pursuant to the agency's insured mortgage loan purchase
							programs shall be subject to and comply with such terms and conditions as shall
							be established by the agreement. The mortgage loan purchase commitment shall
							contain such terms, conditions and requirements as the executive director
							considers appropriate including, without limitation, conditions establishing
							that the purchase price of the subject housing unit, the method of making
							payments after the purchase thereof, the security afforded by the interest rate
							and fees and charges, if any, to be paid by the eligible applicant shall at all
							times be sufficient to permit the agency to make the payments on its bonds and
							notes plus any administrative or other costs to agency in connection with the
							transaction.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter E - Mortgage Lending Institutions › Section I-351 - Insured Mortgage Loans for Housing Units

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application by an individual or family
							for an insured mortgage loan, to be made with the assistance of agency moneys,
							for the long-term financing of a housing unit to be purchased by the individual
							or family, shall include information, and where required by the agency,
							supporting materials and evidence, with respect to the status of the applicant
							as an eligible applicant and to the housing unit proposed to be
							purchased.
B. An application for
							such an insured mortgage loan shall be processed by a lending institution and
							the lending institution's analysis of such application shall be presented to
							the agency.
C. The executive
							director or his delegate shall review each such analysis and, if he determines
							that the applicant is an eligible applicant and that the application meets the
							requirements of the act and these rules and is consistent with the agency's
							evaluation factors as to the housing unit to be purchased, he may purchase the
							insured mortgage loan pursuant to the mortgage purchase commitment to the
							applicant's lending institution with respect to the housing unit proposed to be
							purchased.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter E - Mortgage Lending Institutions › Section I-353 - Administration and Servicing of Insured Mortgage Loans

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each lending institution shall service and
							administer the insured mortgage loans in accordance with the
							agreement.
B. Without limiting the
							generality of the foregoing Subsection, in the event any lending institution is
							an institution regulated by the FSLIC or FDIC, the agency may require that such
							lending institution will agree to service the insured mortgage loans in the
							manner and according to standards required by such regulatory body and in no
							event at a lesser standard of service than is maintained on loans owned by such
							lending institution. In the event any lending institution not so regulated by
							FSLIC or FDIC, each such lending institution not so regulated will agree to
							service the insured mortgage loans in accordance with the then current loan
							servicing requirements of either FHLMC or FNMA relating to mortgage loans
							originated and serviced under programs regulated by FHLMC or FNMA, as the case
							may be.
C. Each lending
							institution, in addition, will agree to service the insured mortgage loans in
							such a manner that the federal, state or private mortgage loan insurance or
							guarantee is maintained.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter F - Agency Loan Documents › Section I-357 - Agency Loan Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A.
							Forms of documents to be used with respect to insured mortgage loans and the
							issuance and sale of the agency's notes and bonds shall be prepared, and may be
							revised and amended, by the agency under direction of the executive director on
							behalf of the agency, subject to legal requirements.
B. The appropriate forms of such documents
							shall be employed with respect to all matters relating to insured mortgage
							loans.
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part I - General Provisions › Chapter 3 - Louisiana Housing Finance Act › Subchapter F - Agency Loan Documents › Section I-359 - Remedies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency
							reserves the right to pursue all remedies prescribed by law or in the act for
							breach or violation of any provision of any agency loan document described in
							§357
AUTHORITY NOTE:
								Promulgated in accordance with
								R.S. 40:600.1 et
								seq.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part II - Housing Programs › Chapter 1 - HOME Investment Partnership Program › Section II-101 - Home Program Application Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A.
						The following fees govern the application and reprocessing of applications for
						HOME funds.
1. Application Fee
1 to 4 units
$ 200
5 to 32 units
1,000
33 to 60 units
1,500
61 to 100 units
2,500
Over 100 units
5,000
2.
						Analysis Fee
1 to 4 units
$ 200
5 to 32 units
1,000
33 to 60 units
1,500
61 to 100 units
2,500
Over 100 units
5,000
3.
						Reprocessing Fee. A reprocessing fee of 50 percent of the application fee shall
						be due whenever significant revisions or changes of the contents of an
						application require a new feasibility and/or viability analysis.
4. Cost Certification Audit Fee*-$2,500*Only
						if applicant does not contract with independent CPA to perform cost
						certification audit.
Louisiana Administrative Code › Title 16 - COMMUNITY AFFAIRS › Part II - Housing Programs › Chapter 1 - HOME Investment Partnership Program › Section II-103 - Aggregate Pools

Current through Register Vol. 50, No. 6, June 20, 2024
Name
Percent of Available Funds
Allocation to Jurisdictions to Become Eligible to
											Administer HOME Program Directly
4%
Administration Expenses
5%
CHDO Operating Support
5%
CHDO General Funds
15%
Special Needs Set Aside
24%
Rehabilitation Programs
31%
Home Buyer Assistance
16%
AUTHORITY NOTE:
							Promulgated in accordance with the
							R.S. 40:600.1 et
							seq.