reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 17 - Women's Services › Subchapter B - Family Violence Program Minimum Standards › Section VII-1729 - Residential Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Basic
				  Considerations. These standards assure family violence programs provide
				  appropriate and quality services to survivors of family violence and their
				  children in an empowering, non-blaming way.
B. Standards
1. General
a. Family violence shelters provide access,
				  admittance and residence in temporary shelter for survivors of family violence
				  and their children 24 hours a day, every day of the year.
b. Shift coverage provides on-site staff
				  coverage 24 hours a day, seven days a week when a survivor is in residence at
				  the shelter and/or when the hotline is answered at the shelter
				  facility.
c. Regardless of the
				  shift requirements, the first priority of the staff is to be responsive and
				  accessible to a resident or hotline caller.
d. A family violence program provides a back
				  up system for use during emergencies. A supervisor or designee is available "on
				  call" by way of pager or in some manner of contact that allows for immediate
				  response. Each program establishes a protocol that defines criteria and steps
				  for using the back-up system.
e.
				  Family violence programs provide a record of individual and group supervision
				  for shelter employees. Supervision is implemented no less than monthly for
				  part-time employees (20 or less in a week) and biweekly for full-time
				  employees. Documentation of supervision for volunteers is recorded and
				  implemented as if they were part time employees.
f. Documentation of staff/volunteer
				  supervision reflects the fact that the supervision took place and a listing of
				  general subject(s) covered in the session is in the personnel or volunteer's
				  file. In the event of problems related to staff performance, documentation is
				  performed according to the program's personnel policies.
g. Procedures for adequate staff
				  communication to provide continuity of service for survivors, including a
				  regular review of any problem areas to resolve, will be developed and
				  implemented.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 17 - Women's Services › Subchapter B - Family Violence Program Minimum Standards › Section VII-1731 - Transitional Living/HOUSING Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. Basic Considerations. These standards
				  assure family violence programs offering transitional living/housing as part of
				  their service delivery plan provide appropriate and quality services to
				  survivors of family violence and their children in an empowering, non blaming
				  way. Service provided through the transitional living/housing program is not an
				  activity but a process that involves the survivor in goal setting, case
				  management, needs assessment, resource identification and staff/survivor
				  interaction.
B. Standards
1. Persons eligible for transitional
				  living/housing are survivors of family violence who have some affiliation with
				  the family violence program providing housing either in a residential or
				  non-residential capacity, have left an abusive relationship and meet the
				  following criteria.
a. The resident has a
				  willingness to work or enroll in a continuing education or job
				  training/readiness program.
b. The
				  resident agrees to a criminal history check to ensure that there are no pending
				  legal issues that pose a threat to the other residents.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 17 - Women's Services › Subchapter C - Programs for Victims of Family Violence Fund › Section VII-1737 - Guidelines for Application of Additional Marriage License Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Introduction.
				  The Programs for Victims of Family Violence Fund was established by Acts 60 and
				  61 of the first Extraordinary Session, 1983 Louisiana Legislature, for the
				  purpose of providing supplemental funding for family violence programs. Act
				  1056 of the 1986 Louisiana Legislature provides for the collection of
				  additional marriage license fees by the clerk of court in each parish for
				  deposit into the Programs for Victims of Family Violence Fund effective
				  September, 1986. The amount of the additional fee will be $12.50 per marriage
				  license. The fees will accumulate in the fund each fiscal year to be
				  appropriated by the legislature for the following fiscal year. After the
				  accumulated fees are appropriated by the legislature, the Office of Women's
				  Services is authorized to make allocations from the fund to local family
				  violence programs. The maximum allowable amount of monies available for
				  distribution during any fiscal year to a program serving any parish or parishes
				  will be the amount of fees collected in that parish or parishes during that
				  fiscal year. Any monies generated by the fees collected in a parish, which have
				  not been allocated for family violence services during that fiscal year, will
				  remain to the credit of the parish and will be available for distribution to
				  local family violence programs serving that parish.
B. Definitions
Family or Household Members
- spouses,
					 former spouses, or children of either or both such persons.
Family Violence
- any assault, battery, or
					 other physical abuse which occurs between family or household members, who
					 reside together or who formerly resided together.
C. Eligible Organizations
1. In order to be eligible to apply for funds
				  under the Programs for Victims of Family Violence Fund, the applicant
				  organization must, at a minimum, meet the following criteria:
a. must have the primary purpose of providing
				  assistance to victims of family violence or operate a program whose primary
				  purpose is providing assistance to family violence victims;
b. must be locally administered by a public
				  or private nonprofit organization;
c. must provide services that include, but
				  are not limited to, the following:
i.
				  counseling for victims or their spouses;
ii. around-the-clock shelter which provides
				  safe refuge and temporary lodging for victims of family violence and their
				  minor, unmarried children, or referral to such a shelter;
iii. support programs that assist victims of
				  family violence in obtaining needed medical, legal, or other services and
				  information;
iv. educational
				  programs relating to family violence in order to increase community
				  awareness.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 17 - Women's Services › Subchapter C - Programs for Victims of Family Violence Fund › Section VII-1741 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The OWS
				  Microenterprise Program will help families achieve self-sufficiency through the
				  development of comprehensive microenterprise development opportunities as a
				  strategy for moving parents on public assistance into self-employment and work
				  thereby breaking the cycle of dependence on public assistance and moving
				  families out of poverty. A microenterprise is a sole proprietorship,
				  partnership or family business which has fewer than five employees. It is small
				  enough to benefit from loans under $25,000 and generally too small to access
				  the commercial banking sector.
B.
				  OWS will collaborate with DED in the implementation of this program according
				  to mutually agreed upon terms. OWS's program design will encourage
				  collaboration and partnerships between Community-Based Organization (CBO's),
				  Community Development Corporations (CDC's), Small Business Development Centers
				  (SBDC's) and other institutions as a vehicle for efficiency, reducing costs,
				  and providing high quality, comprehensive services.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 12 of the 2001 Special Session of the
					 Louisiana Legislature.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 17 - Women's Services › Subchapter C - Programs for Victims of Family Violence Fund › Section VII-1743 - Eligibility and Verification

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Eligibility for OWS Microenterprise Development Program shall be determined by
				  verifying eligibility for FITAP, KCSP, food stamps, CCAP, Medicaid, LaChip, SSI
				  or Free or Reduced School Lunch. If a family does not meet the definition of
				  need, but appears to be eligible for one of the qualifying programs, the family
				  should be referred to the appropriate agency. Upon being determined eligible
				  for one of the qualifying programs, the family meets the definition of needy.
				  Verification includes but is not limited to: Notices of Eligibility (as
				  detailed in the following examples and provided to practitioner agency by the
				  program participant), a copy of current SSI check, a documented phone call to
				  certifying agency, written documentation from certifying agency, and electronic
				  data exchange, if available.
B.
				  Eligibility may also be determined by verifying that earned income levels fall
				  at or below 200 percent of the federal poverty level. Contractors can use the
				  TANF-EZ form to record information for eligibility determination. Examples of
				  documented verification can include, but are not limited to: Notice of
				  eligibility for FITAP, KCSP, Food Stamps, CCAP, Medicaid, LaChip, SSI or Free
				  or Reduced School Lunch or most recent employment pay stub that verifies
				  income, letter from employer stating wages, letter of termination from
				  employment, or copy of most recent tax return. Verification documentation must
				  be provided within three days of application of services. Sub-Contractors shall
				  be responsible for determining the TANF eligibility.
C. Documentation of each eligibility
				  determination (approval or denial) must be maintained by and made available in
				  accordance with Section VIII.B.3. Once eligibility is established, it is valid
				  for a period of one year. However, funding of services will not extend past
				  September 30, 2002.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 12 of the 2001 Special Session of the
					 Louisiana Legislature.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 17 - Women's Services › Subchapter C - Programs for Victims of Family Violence Fund › Section VII-1747 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  programs will encourage the formation and maintenance of two-parent families by
				  providing training and crisis services to assist women and children living in a
				  "special needs" situation, family violence, in order to promote their safety,
				  self-sufficiency and the opportunity to develop healthy non-violent two-parent
				  families.
1. Rural Outreach. Designed to
				  create new services, create coordinated community response teams, and develop a
				  Rural Project Assistance Program for financial assistance.
2. Children's Services. Designed to create,
				  increase and enhance children's services as outlined in the Office of Women's
				  Services Quality Assurance Standards.
3. Domestic Violence Training for the
				  Department of Social Services. Designed to provide Office of Family Support and
				  Office of Community Services staff members with the ability to recognize and
				  refer clients that may be in a domestic violence situation as it relates to
				  their specific job duties.
4. Law
				  Enforcement Training. Designed to create an advisory task force of law
				  enforcement groups, provide training for law enforcement groups, and to provide
				  resource/referral information to law enforcement training participants to take
				  back their communities.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 17 - Women's Services › Subchapter C - Programs for Victims of Family Violence Fund › Section VII-1749 - Guidelines for Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. There
				  are no eligibility guidelines for training projects. Eligibility for Rural
				  Project and Children's Project includes a family with parent/caretaker relative
				  and child. Eligibility is valid if a child has been removed from the home due
				  to domestic violence.
AUTHORITY NOTE:
					 Promulgated in accordance with Act 12 of the 2001 Special Session of the
					 Louisiana Legislature.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 21 - Racing Commission › Subchapter A - Substance Abuse and Drug-Free Workplace Program › Section VII-2101 - Philosophy

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				  State Racing Commission (LRC) is totally committed to deterring substance abuse
				  or use which imperils the health and well-being of our employees and the
				  citizens of this state. To accomplish this, the LRC hereby adopts these
				  Substance Abuse and Drug-Free Workplace rules which will enhance the safety and
				  welfare of our employees, increase overall productivity and the quality of our
				  service to the public, preserve property and equipment, promote public safety,
				  reduce absenteeism and job-related accidents which, in turn, will improve the
				  image and reputation of the LRC and its employees.
B. The LRC's philosophy is consistent with
				  the state of Louisiana's long-standing commitment to establishing a drug-free
				  workplace. To deter the use of illegal drugs by employees of the state of
				  Louisiana, the Louisiana Legislature enacted laws which provide for the
				  creation and implementation of drug testing programs for state employees.
				  Further, the Governor of the state of Louisiana recently issued Executive Order
				  98-38 providing for the promulgation, by executive agencies, of written
				  policies mandating drug testing of employees, appointees, prospective employees
				  and prospective appointees in accordance with
				  R.S.
				  49:1001 et seq. The LRC fully supports these
				  actions and is committed to a drug-free workplace.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 4:141,
					 R.S.
					 4:148 and
					 R.S.
					 49:1001, et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 21 - Racing Commission › Subchapter A - Substance Abuse and Drug-Free Workplace Program › Section VII-2103 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules
				  apply to domicile employees, field auditors and appointees of the LRC, as well
				  as potential employees and appointees to those positions.
B. Following a job offer, potential employees
				  and potential appointees will be required to submit to pre-employment drug
				  testing. All employees/appointees are subject to post-accident/incident,
				  reasonable suspicion and return-to-duty/rehabilitation monitoring drug and
				  alcohol testing. Employees who incumber safety-sensitive positions and
				  applicants who apply for safety-sensitive positions are subject to both random
				  and pre-selection drug and alcohol testing. Finally, prior to being reassigned,
				  temporarily detailed, promoted or demoted to a safety-sensitive position, an
				  employee is required to undergo drug and alcohol testing. A list of the
				  safety-sensitive positions within the LRC is contained within
				  §2121
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 4:141,
					 R.S.
					 4:148 and
					 R.S.
					 49:1001, et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 21 - Racing Commission › Subchapter A - Substance Abuse and Drug-Free Workplace Program › Section VII-2105 - Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. To maintain a
				  safe and productive work environment, all LRC employees are required to:
1. report for duty in the physical and
				  emotional condition which maximizes his/her ability to perform assigned tasks
				  in a competent and safe manner;
2.
				  promptly and cooperatively submit to drug/alcohol testing when required by a
				  supervisor or appointing authority;
3. notify a supervisor on the first scheduled
				  workday following any arrest or conviction for DWI, drug or drug-related
				  offense which occurs on or off duty.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 21 - Racing Commission › Subchapter A - Substance Abuse and Drug-Free Workplace Program › Section VII-2111 - Alcohol Testing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Evidential breath testing (EBT) devices approved by the National Highway
				  Traffic Safety Administration will be used by certified breath alcohol
				  technicians to determine the presence of alcohol in the employee's
				  system.
B. The employee will be
				  advised of the results of the breath-screening test. No further testing will be
				  required if the test results are negative. If the screening test is positive
				  for the presence of alcohol, a confirmation test will be performed within 20
				  minutes, but not less than 15 minutes of completion of the screening test. If
				  the confirmatory test indicates a blood alcohol concentration of 0.05 percent
				  or more by weight based upon grams of alcohol per 100 cubic centimeters of
				  blood, the results will be reported as positive to the LRC's designated
				  representative.
C. An employee
				  occupying a safety-sensitive position will be immediately removed from
				  performing safety-sensitive functions in the event of a positive alcohol
				  test.
D. Positive test results will
				  also be reported to the appointing authority whenever an employee refuses to
				  complete or sign the breath alcohol confirmation testing form, provide breath
				  or an adequate amount of breath (excluding medical inability), or fails to
				  cooperate with the testing procedure in any way that prevents completion of the
				  test.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 4:141,
					 R.S.
					 4:148 and
					 R.S.
					 49:1001, et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 21 - Racing Commission › Subchapter A - Substance Abuse and Drug-Free Workplace Program › Section VII-2113 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The use of
				  illegal drugs, unauthorized alcohol and other controlled or unauthorized
				  substances will not be tolerated. Substance abuse endangers the health and
				  well-being of our employees, prevents quality service to the public and is
				  inconsistent with the LRC's mission. While the LRC's position is firm, the LRC
				  will resolve any reasonable doubt regarding the testing procedure or results in
				  the employee's favor.
B.
				  Disciplinary action will be taken after a complete and thorough review of the
				  applicable data in accordance with Chapter 12 of the Civil Service Rules.
				  Employees will be provided pre-deprivation notice and a meaningful opportunity
				  to respond prior to the imposition of disciplinary action.
C. Penalty for a First Positive Test. A first
				  positive test (drug or alcohol) will result in disciplinary action up to and
				  including the possibility of termination. Factors to be considered in
				  determining the appropriate sanction include, but are not limited to, the
				  employee's work history, length of service, current job performance and the
				  existence of prior disciplinary action. At a minimum, the first-time offender
				  will remain off from work at least 30 calendar days. For any such period, the
				  first 10 workdays will be a suspension, without pay. For the remaining 20 days,
				  the employee will be permitted to use annual, sick or compensatory leave, if
				  available. During this 30-day period, the employee shall obtain a substance
				  abuse evaluation and commence any recommended rehabilitative treatment. Refusal
				  to participate in the evaluation/treatment process, at the employee's expense,
				  will result in termination.
D.
				  Termination will be the recommended penalty for the following violations:
1. second positive drug test result or
				  confirmed blood alcohol level above the applicable thresholds;
2. refusal to submit to a drug or alcohol
				  test;
3. failure to cooperate in
				  any way which prevents the completion of a drug or alcohol test;
4. submission of an adulterated or substitute
				  sample for testing;
5. buying,
				  selling, dispensing, distributing or possessing unauthorized alcohol or any
				  illegal or unauthorized substance while on duty, in a state vehicle or on
				  LRC/state premises; and
6.
				  operating a state vehicle or personal vehicle while on duty under the influence
				  of drugs or alcohol where testing administered by an authorized official
				  confirms a violation of these rules.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 21 - Racing Commission › Subchapter A - Substance Abuse and Drug-Free Workplace Program › Section VII-2115 - Confidentiality/Employee Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. All drug and
				  alcohol testing results and records (including all information, interviews,
				  reports and statements) are considered confidential communications, pursuant to
				  R.S.
				  49:1012, and may not be used or received in
				  evidence, obtained in discovery, or disclosed in any public or private
				  proceeding, except in an administrative or disciplinary proceeding or civil
				  litigation where drug use by the tested individual is relevant. Exceptions to
				  these confidentiality provisions are limited to written employee consent;
				  federal agencies when licensure or certification actions are required; to a
				  decision-maker in arbitration, litigation or administrative proceedings arising
				  from a positive drug test; and as otherwise required by law.
B. In compliance with
				  R.S.
				  49:1011, any employee, upon learning of a
				  confirmed positive test result, shall, upon written request, have the right of
				  access, within seven working days, to records and other documentation relating
				  to the drug testing process and any records relating to the results of any
				  relevant certification, review, suspension/revocation proceedings of the
				  testing facility.
C. Employees
				  should know that statistical records and reports of drug testing are maintained
				  by the LRC, contract physicians and drug testing laboratories. This information
				  is aggregate data and is used to monitor compliance and to assess the
				  effectiveness of the drug testing program.
D. The LRC has no interest in informing law
				  enforcement authorities of a positive drug test. However, nothing contained in
				  these rules will be construed to preclude the delivery of any illegal drug,
				  controlled dangerous substance, or other substance prohibited by this policy,
				  discovered in/on LRC/state property, or upon the person of an LRC employee, to
				  law enforcement officials. Likewise, any employee engaged in the sale,
				  attempted sale, distribution or transfer of illegal drugs or controlled
				  substances while on duty or on LRC/state property shall be referred to
				  appropriate law enforcement authorities.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 4:141,
					 R.S.
					 4:148 and
					 R.S.
					 49:1001, et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 21 - Racing Commission › Subchapter A - Substance Abuse and Drug-Free Workplace Program › Section VII-2117 - Employee Assistance Program

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Early recognition and treatment of drug abuse or dependency are essential to
				  successful rehabilitation. Employees experiencing a substance abuse problem are
				  encouraged to seek assistance from the LRC's Employee Assistance Program (EAP)
				  coordinator within the *Human Resources Division of the Department of Economic
				  Development. Any such involvement will be held in strict confidence, but
				  employees should know that supervisors and appointing authorities (who need to
				  know) will be kept abreast of the employee's treatment and leave
				  needs.
B. Employees referred to the
				  EAP coordinator by supervisory personnel or who, as a condition of continued
				  employment, participate in a substance abuse rehabilitation program will be
				  subject to the return-to-duty/rehabilitation monitoring testing set forth in
				  these rules.
The Louisiana
					 Racing Commission has been moved from the Department of Economic Development
					 and has its own Human Resources Division.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 4:141,
					 R.S.
					 4:148 and
					 R.S.
					 49:1001, et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 21 - Racing Commission › Subchapter A - Substance Abuse and Drug-Free Workplace Program › Section VII-2119 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LRC
				  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, the LRC 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, the
				  LRC 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.
					 4:141,
					 R.S.
					 4:148 and
					 R.S.
					 49:1001, et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 21 - Racing Commission › Subchapter A - Substance Abuse and Drug-Free Workplace Program › Section VII-2121 - Safety-Sensitive Positions

Current through Register Vol. 50, No. 6, June 20, 2024
A. There are no
				  safety sensitive positions in the LRC at this time.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 4:141,
					 R.S.
					 4:148 and
					 R.S.
					 49:1001, et
					 seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 22 - Office of Community Development-Rulemaking Petitions › Section VII-2201 - Submission of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				In accordance with
				R.S.
				49:953(C)(1), any interested
				person may petition an agency to adopt a new rule, or to amend or repeal an
				existing rule.
B. To petition an
				agency within the Division of Administration for changes to the agency's
				current rules, or for the adoption of new rules within the agency's purview, an
				interested person shall submit a written petition to the Division of
				Administration, Office of the Commissioner. The petition shall include:
1. the petitioner's name and
				address;
2. the name of the
				promulgating agency for the rule in question;
3. specific text or a description of the
				proposed language desired for the adoption or amendment of a rule, or the
				specific rule and language identified for repeal;
4. justification for the proposed action;
				and
5. the petitioner's
				signature.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 22 - Office of Community Development-Rulemaking Petitions › Section VII-2203 - Consideration of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt, a rulemaking petition shall
				be forwarded to the promulgating agency for review.
B. Within 90 days of receipt of the
				rulemaking petition, the agency shall either:
1. initiate rulemaking procedures to adopt a
				new rule, or to amend or repeal an existing rule; or
2. notify the petitioner in writing of the
				denial to proceed with rulemaking, stating the reason(s) therefore.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 23 - Local Government Assistance Program › Section VII-2301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Local
				Government Assistance Program (LGAP) provides financial assistance to local
				units of government in rural areas. The LGAP program will be administered by
				the Office of Community Development (OCD).
B. All municipalities and parishes within the
				state of Louisiana that are identified by HUD as non-entitlement communities
				are eligible to apply for assistance.
C. Local government classifications are
				defined as: Villages (pop. 1-999), Towns (pop. 1,000-4,999), Cities (pop.
				5,000-35,000) and Parish governments.
D. OCD shall develop an application procedure
				satisfying the purposes and intentions of the LGAP.
E. The Office of Community Development
				applies the following guidelines to any project or activity funded.
1. At the start of each fiscal year, the
				director of OCD shall determine the equal funding level for all eligible
				parishes based on the total amount budgeted as aid to local governments for
				LGAP grants.
2. Applications will
				only be accepted for the following eligible activities; fire protection, sewer,
				water, renovations to essential governmental buildings, police protection, land
				acquisition, demolition, equipment, roads, drainage, and reasonable engineering
				costs (if associated with construction).
3. Repealed.
4. Funds from this program cannot be used to
				pay consulting fees charged to a unit of government for the preparation of the
				application, for administrative costs by agents of the project sponsor or any
				third party. Also, funds cannot be used to pay for previously incurred debt,
				improvements to private property, overtime for government employees,
				administration, engineering only or planning only projects, or recreation
				activities. LGAP funds are not intended for salary only projects or ongoing
				salaried positions.
5. Parish
				governments may request funding for projects that serve a parish-wide area or
				an unincorporated area within the parish.
6. Applicants may not exceed stated funding
				levels as outlined in the LGAP application guidelines for any fiscal year,
				except in those circumstances where other eligible applicants within each
				parish agree by resolution to allow funding levels to be exceeded.
7. Three-year contracts shall be issued for
				LGAP grants by OCD. Contract extensions and changes to the project must be
				requested in writing by the grantee and approved in writing by the executive
				director of OCD.
8. No award shall
				be made to an entity listed on the LLAs non-compliance list.
9. Applications received after deadline
				established by OCD will not be considered.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 23 - Local Government Assistance Program › Section VII-2303 - Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. LGAP
				applications are available from the Office of Community Development to all
				municipalities and parishes that request them. All requests for information may
				be submitted via mail to the Office of Community Development, P.O. Box 94095,
				Baton Rouge, LA 70804-9095.
B.
				Applications will be rated by OCD staff and award amounts will be based upon
				predetermined internal rating criteria.
C. All applicants must be authorized by law
				to perform governmental functions, and must be subject to state
				audit.
D. The most recent available
				population figures are used to determine the eligibility for funding of
				municipalities based on appropriations by the legislature (the funding is
				outlined in OCD application guidelines for LGAP funds).
E. There will be a level of funding set aside
				for applications that are determined to be of an emergency nature. Any unused
				emergency funds will be reallocated through the regular program.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 27 of the 2006 Regular Legislative
				  Session.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 23 - Local Government Assistance Program › Section VII-2305 - Payments and Reimbursement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grant
				recipients are required to maintain an audit trail verifying that all funds
				received under this program were used to fulfill the stated purpose identified
				in the approved application.
B.
				Payment shall be made to the grantee upon production of invoices and approval
				of the grantee's request for payment by OCD, according to the
				contract.
C. Use of grant funds for
				any project other than that described in the contract will be grounds for OCD
				to terminate the contract and revoke the funds for the project.
D. All invoices related to the project are
				the responsibility of the grantee, and must be submitted to and approved by OCD
				before the funds will be released to the grantee. The grantee remains
				responsible for payments to its vendors.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 27 of the 2006 Regular Legislative
				  Session.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 23 - Local Government Assistance Program › Section VII-2307 - Programmatic Assurances

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				grantee will hold harmless the State of Louisiana, Division of Administration,
				Office of the Governor, and Office of Community Development as a term and
				condition of the contract.
B. OCD
				will de-obligate funds from any unexpended amount; whether by failure to start
				a project in the agreed upon time frame in the contract or by unexpended funds
				in an officially closed project, or from revoked grant awards. All de-obligated
				funds will be reallocated through the regular program.
C. Failure of the grantee to abide by any
				article of the local agency assurances section of the grant application or the
				contract, including state audit procedures, federal and state laws, state
				ethics rules and policy guidelines of OCD, shall result in revocation of the
				grant award and the grantee will be required to repay the project funds to
				OCD.
D. No grantee will be allowed
				more than two open LGAP grants.
E.
				The grantee will assure that it will comply with
				R.S.
				24:513 (State Audit Law), and state of
				Louisiana public bidding procedures, as well as comply with all other relevant
				federal and state laws, executive orders, and/or regulations. Failure to comply
				with any part of this contract will result in termination of this grant and
				will require that all funds paid be returned to the Office of Community
				Development.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 27 of the 2006 Regular Legislative
				  Session.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 24 - Community Water Enrichment Fund › Section VII-2401 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Community
				Water Enrichment Fund (CWEF) provides financial assistance to local units of
				government in rural areas. The CWEF program will be administered by the Office
				of Community Development (OCD).
B.
				All municipalities and parishes within the State of Louisiana that are
				identified by HUD as non-entitlement communities are eligible to apply for
				assistance.
C. Local Government
				classifications are defined as: Villages (pop. 1-999), Towns (pop.
				1,000-4,999), Cities (pop. 5,000-35,000) and Parish governments.
D. OCD shall develop an application procedure
				satisfying the purposes and intentions of the CWEF.
E. The Office of Community Development
				applies the following guidelines to any project or activity funded.
1. At the beginning of each fiscal year, the
				Director of OCD/CWEF shall determine the equal funding level for all eligible
				parishes based on the total amount budgeted as aid to local governments for
				CWEF grants.
2. Applications will
				only be accepted for the following eligible activities: rehabilitation,
				improvement, and new construction projects for community potable water systems.
				Reasonable engineering costs (if associated with construction) are
				allowed.
3. The purchase of
				generators or chemicals will not be allowed under this program.
4. Funds from this program cannot be used to
				pay consulting fees charged to a unit of government for the preparation of the
				application, for administrative costs by agents of the project sponsor or any
				third party. Also, funds cannot be used to pay for previously incurred debt,
				improvements to private property, overtime for government employees,
				administration, engineering-only or planning-only projects. CWEF funds are not
				intended for salary-only projects or ongoing salaried positions.
5. Parish governments may request funding for
				projects that serve a parish-wide area or an unincorporated area within the
				parish.
6. Applicants may not
				exceed stated funding levels as outlined in the CWEF application guidelines for
				any fiscal year, except in those circumstances where other eligible applicants
				within each parish agree by resolution to allow funding levels to be
				exceeded.
7. Three-year contracts
				shall be issued for CWEF grants by OCD. Contract extensions and changes to the
				project must be requested in writing by the grantee and approved in writing by
				the Director of OCD/CWEF.
8. No
				award shall be made to an entity listed on the LLAs non-compliance
				list.
9. Applications received
				after deadline established by OCD will not be considered.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 24 - Community Water Enrichment Fund › Section VII-2403 - Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. CWEF
				applications are available from the Office of Community Development to all
				municipalities and parishes that request them. All requests for information may
				be submitted via mail to the Office of Community Development, P.O. Box 94095,
				Baton Rouge, LA 70804-9095.
B.
				Applications will be rated by OCD staff and award amounts will be based upon
				predetermined internal rating criteria.
C. All applicants must be authorized by law
				to perform governmental functions, and must be subject to state audit
				requirements.
D. The most recent
				available population figures are used to determine the eligibility for funding
				of municipalities based on appropriations by the legislature (the funding is
				outlined in OCD application guidelines for CWEF funds).
E. There will be a level of funding set aside
				for applications that are determined to be of an emergency nature. Any unused
				emergency funds will be reallocated through the regular program.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 513 of the 2008 Regular Legislative
				  Session.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 24 - Community Water Enrichment Fund › Section VII-2405 - Payments and Reimbursement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Grant
				recipients are required to maintain an audit trail verifying that all funds
				received under this program were used to fulfill the stated purpose identified
				in the approved application.
B.
				Payment shall be made to the grantee upon production of invoices and approval
				of the grantee's request for payment by OCD, according to the
				contract.
C. Use of grant funds for
				any project other than that described in the contract will be grounds for OCD
				to terminate the contract and revoke the funds for the project.
D. All invoices related to the project are
				the responsibility of the grantee, and must be submitted to and approved by OCD
				before the funds will be released to the grantee. The grantee remains
				responsible for payments to its vendors.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 513 of the 2008 Regular Legislative
				  Session.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 24 - Community Water Enrichment Fund › Section VII-2407 - Programmatic Assurances

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				grantee will hold harmless the state of Louisiana, Division of Administration,
				Office of the Governor, and Office of Community Development as a term and
				condition of the contract.
B. OCD
				will de-obligate funds from any unexpended amount; whether by failure to start
				a project in the agreed upon timeframe in the contract or by unexpended funds
				in an officially closed project, or from revoked grant awards. All de-obligated
				funds will be reallocated through the regular program.
C. Failure of the grantee to abide by any
				article of the local agency assurances section of the grant application or the
				contract, including state audit procedures, federal and state laws, state
				ethics rules and policy guidelines of OCD, shall result in revocation of the
				grant award and the grantee will be required to repay the project funds to
				OCD.
D. No grantee will be allowed
				more than two open CWEF grants.
E.
				The grantee will assure that it will comply with
				R.S.
				24:513 (State Audit Law), and state of
				Louisiana public bidding procedures, as well as comply with all other relevant
				federal and state laws, executive orders, and/or regulations. Failure to comply
				with any part of this contract will result in termination of this grant and
				will require that all funds paid be returned to the Office of Community
				Development.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 513 of the 2008 Regular Legislative
				  Session.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 25 - Louisiana Recovery Authority › Section VII-2501 - Board Members, Terms of Office, Expense Reimbursement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				Recovery Authority Board shall provide leadership and oversight for the
				activities of the Louisiana Recovery Authority. The board shall consist of
				seventeen members. Thirteen members shall be appointed by and serve at the
				pleasure of the governor subject to Senate confirmation with no less than one
				member appointed from each congressional district. In addition to the appointed
				members, the speaker and speaker pro tempore of the House of Representatives
				and the president and president pro tempore of the Senate, or their designees
				who shall be members of the Louisiana Legislature, shall be members of the
				board.
B. Appointed board members
				shall serve terms that expire when statutory authority for the Louisiana
				Recovery Authority ceases on July 1, 2010.
C. Vacancies in the office of an appointed
				board member shall be filled in the manner of the original appointment for the
				remainder of such term.
D.
				Appointed members of the board shall serve without compensation, but may be
				reimbursed for reasonable and necessary travel expenses upon the approval of
				the chairman in accordance with the State General Travel Regulations, PPM 49.
				Ex officio members of the board may seek per diem and mileage reimbursement in
				accordance with the rules of his respective house of the legislature.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:220.1 et
				  seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 25 - Louisiana Recovery Authority › Section VII-2503 - Selection of Chairman and Vice Chairman, Election of Other Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chairman and
				vice chairman of the board shall be selected by the governor. The board may
				elect other officers as it deems necessary to provide functions required as
				assigned by the board.
B. The
				chairman of the board shall be the principal executive officer of the board and
				shall, in general, supervise and control all of the business and affairs of the
				board. The chairman shall, when present, preside at all meetings and shall
				perform duties incident to the office of the chairman and other such duties as
				may be prescribed by the members of the board from time to time.
C. The vice chairman shall perform the duties
				of the chairman in the absence of the chairman or in the event of his death,
				inability, or refusal to act. When acting as the chairman, the vice chairman
				shall have all the powers of and be subject to all the restrictions placed upon
				the chairman. The vice chairman shall perform such other duties as from time to
				time may be assigned to him by the chairman or members of the board.
D. In the event the board creates the office
				of secretary, the secretary shall keep the minutes of the meetings in one or
				more books provided for that purpose, see that all notices are duly given in
				accordance with the provisions of state law, be custodian of the board records
				and keep a register of the post office address of each member which shall be
				furnished to the secretary by such member, and, in general, perform all duties
				incident to the office of secretary and such other duties as from time to time
				may be assigned to him by the chairman or by the members of the
				board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:220.1 et
				  seq.
Louisiana Administrative Code › Title 4 - ADMINISTRATION › Part VII - Governor's Office › Chapter 25 - Louisiana Recovery Authority › Section VII-2505 - Meetings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				meet according to a schedule established by the board, at the call of the
				chairman, and as otherwise provided by the board.
B. Notice of meetings shall be given to board
				members and to the general public in accordance with
				R.S.
				42:7.
C. All meetings of the board shall be open,
				except as otherwise provided by law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:220.1 et
				  seq.