reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 7 - Mixed Technique Events › Section XI-719 - Fouls

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				acts constitute fouls in a mixed technique event:
1. butting with the head;
2. eye gouging of any kind;
3. biting;
4. hair pulling;
5. fishhooking;
6. groin attacks of any kind;
7. putting a finger into any orifice or into
				any cut or laceration on an opponent;
8. small joint manipulation;
9. striking to the spine or the back of the
				head;
10. striking downward using
				the point of the elbow;
11. throat
				strikes of any kind, including, without limitation, grabbing the
				trachea;
12. clawing, pinching or
				twisting the flesh;
13. grabbing
				the clavicle;
14. kicking the head
				of a grounded opponent;
15. kneeing
				the head of a grounded opponent;
16. stomping a grounded opponent;
17. kicking to the kidney with the
				heel;
18. spiking an opponent to
				the canvas on his head or neck;
19.
				throwing an opponent out of the ring or fenced area;
20. holding the shorts or gloves of an
				opponent;
21. spitting at an
				opponent;
22. engaging in any
				unsportsmanlike conduct that causes an injury to an opponent;
23. holding the ropes or the fence;
24. using abusive language in the ring or
				fenced area;
25. attacking an
				opponent on or during the break;
26. attacking an opponent who is under the
				care of the referee;
27. attacking
				an opponent after the bell has sounded the end of the period of unarmed
				combat;
28. flagrantly disregarding
				the instructions of the referee;
29. timidity, including, without limitation,
				avoiding contact with an opponent, intentionally or consistently dropping the
				mouthpiece or faking an injury;
30.
				interference by the corner;
31.
				throwing in the towel during competition.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 7 - Mixed Technique Events › Section XI-721 - Results of Contests

Current through Register Vol. 50, No. 6, June 20, 2024
A. A mixed
				technique event may end under the following results.
1. Submission by:
a. physical tap out;
b. verbal tap out.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 7 - Mixed Technique Events › Section XI-723 - Referees and Judges

Current through Register Vol. 50, No. 6, June 20, 2024
A. No referee
				may officiate a mixed technique event unless he has been duly qualified by the
				commission. The commission may approve referees based upon their qualifications
				or may require the attendance of a mandatory seminar.
B. No judge may officiate a mixed technique
				event unless he has been duly qualified by the commission. The commission may
				approve judges based upon their qualifications or may require the attendance of
				a mandatory seminar.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:61(D) and
				  R.S.
				  4:64.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 7 - Mixed Technique Events › Section XI-725 - Promoters

Current through Register Vol. 50, No. 6, June 20, 2024
A. Promoters will
				strictly adhere to rules and regulations as set forth in the general rules of
				this Title located in
				§101 through 135, with special attention
				given to §108 (Medical
				Requirements) and
				§123 (Ringside Physicians).
B. Only the fighter, his trainer, and chief
				seconds shall enter the fenced off area around the ring or cage. Any other
				member of the contestants entourage who enters the fenced off area for any
				reason shall be ejected from the event.
C. Promoters must register shows with a
				recognized national registry seven days prior to any event.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:61(D) and
				  R.S.
				  4:64.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 7 - Mixed Technique Events › Section XI-727 - Equipment for Contestants

Current through Register Vol. 50, No. 6, June 20, 2024
A. Required
				equipment:
1. mouth guard;
2. open finger gloves (minimum 4 oz.) with an
				open palm with no insert and the majority of the weight of the glove to be
				around the knuckles;
3. groin
				protection (male only);
4. breast
				protection (female).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 7 - Mixed Technique Events › Section XI-729 - Corner Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. For each
				bout, the promoter shall provide a clean water bucket and a clean plastic water
				bottle in each corner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:61(D) and
				  R.S.
				  4:64.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 7 - Mixed Technique Events › Section XI-731 - Specifications: Bandaging of MT Contestant's Hands

Current through Register Vol. 50, No. 6, June 20, 2024
A. In all weight classes, the bandages on
				each contestant's hand shall be restricted to soft gauze cloth not more than 13
				yards in length and 2 inches in width, held in place by not more than 10 feet
				of surgeon's tape, 1 inch in width, for each hand.
B. Surgeon's adhesive tape shall be placed
				directly on each hand for protection near the wrist. The tape may cross the
				back of the hand twice and extend to cover and protect the knuckles when the
				hand is clenched to make a fist.
C.
				The bandages shall be evenly distributed across the hand.
D. Bandages and tape shall be placed on the
				contestant's hands in the dressing room in the presence of the inspector and in
				the presence of the manager or chief second of his or her opponent.
E. Under no circumstances are gloves to be
				placed on the hands of a contestant until the approval of the inspector is
				received.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:61(D) and
				  R.S.
				  4:64.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 7 - Mixed Technique Events › Section XI-733 - Mouth Pieces

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				contestants are required to wear a mouthpiece during competition. The
				mouthpiece shall be subject to examination and approval by the attending
				physician.
B. The round cannot
				begin without the mouthpiece in place.
C. If the mouthpiece is involuntarily
				dislodged during competition, the referee shall call time, clean the mouthpiece
				and reinsert the mouthpiece at the first opportune moment, without interfering
				with the immediate action.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:61(D) and
				  R.S.
				  4:64.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 7 - Mixed Technique Events › Section XI-735 - Amateur Mixed Technique Associations

Current through Register Vol. 50, No. 6, June 20, 2024
A. An AMTA must provide proof to the
				commission that it is either a non-profit organization certified by the state
				of Louisiana or that it is approved as a non-profit organization under the
				provisions of the Internal Revenue Code.
B. An AMTA shall file with the commission
				rules for conducting the organization's affairs and the conduct of its members.
				The rules must include provisions to:
1.
				establish conditions for membership;
2. provide guidelines for training its
				members in preparation for a contest;
3. establish a minimum training period before
				a contest;
4. indicate which
				class(es) of combative sports the AMTA will conduct;
5. require that all referees and judges
				participating in events conducted by the AMTA are approved by the commission;
				and
6. establish a set of rules for
				determining the amateur status of each participant in any event which the AMTA
				sponsors; including a method for recording the names of all mixed technique
				fighters in the state of Louisiana, both professional and amateur;
7. may include provisions to:
a. provide for payment of actual expenses, up
				to a maximum of One Hundred and No/100 for the contestants who participate in
				an event; and
b. allow members of
				other AMTAs to participate as a visiting member in an event conducted by it
				without the other AMTA participating in the conducted event, so long as it
				ascertains that the visiting member is qualified under the rules to be a
				contestant in the event.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 7 - Mixed Technique Events › Section XI-737 - Mixed Technique Event Exhibition Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. MTE Exhibitions shall be conducted using
				§705 Professional Mixed Technique Rules
				above with the following modifications.
1.
				Conduct of Promotion: If you are interested in staging a Mixed Technique Event
				Exhibition contest you must notify the commission in writing, and to be
				considered for approval, you must:
a. submit
				the name of the referee(s) you intend to use; however, the commission may
				mandate that you use a referee approved by the commission;
b. agree to abide by any other conditions
				which the commissioner may impose on this new activity as events are reviewed
				and amendments may be made;
c.
				agree in writing that you will observe all mixed technique event
				rules;
d. submit in writing a
				statement to the affect that the fighter is not being paid any gratuity for
				participating in the event, and memorialize each and every actual expense, to a
				maximum of $100 that is being reimbursed to the fighter;
e. if you are not a promoter who also owns
				and operates his own gym you must utilize a matchmaker approved by the
				commission who shall arrange and approve all fights on the card; and
f. ensure that all advertising concerning the
				event to be conducted indicates that it is an amateur event, and the word
				"amateur" must be a large as any other print on the advertisement on a written
				or printed advertisement and must be announced in any television or radio
				advertisements.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 9 - London Ring Fighting (LRF) › Section XI-901 - Application of General Rules and Professional Boxing Rules and Mixed Technique Event Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. All general
				rules, excluding provision in §127, Charity Events, shall apply to all LRF
				events.
B. All Chapter 3,
				Professional Boxing, rules will apply to LRF events excluding
				§307 Additionally, the following Chapter
				9, London Ring Fighting, rules will apply.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:61(D) and
				  R.S.
				  4:64.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 9 - London Ring Fighting (LRF) › Section XI-903 - Weight Class

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except with the
				approval of the commission or its commissioner, the classes for unarmed
				combatants competing in LRF events and the weights for each class are shown in
				the following schedule.
Weight Class
Weight Difference
							 Allowed
Mini Flyweight
(up to and including 108 pounds)
not more than 3 pounds
Flyweight
(over 108 to 111 pounds)
not more than 3 pounds
Bantamweights
(over 112 to 118 pounds)
not more than 3 pounds
Featherweights
(over 119 to 126 pounds)
not more than 3 pounds
Jr. Lightweight
(over 127 to 130 pounds)
not more than 4 pounds
Lightweight
(over 131 to 135 pounds)
not more than 5 pounds
Jr. Welterweight
(over 136 to 140 pounds)
not more than 5 pounds
Welterweight
(over 141 to 147 pounds)
not more than 7 pounds
Jr. Middleweight
(over 148 to 154 pounds)
not more than 7 pounds
Middleweight
(over 155 to 160 pounds)
not more than 7 pounds
Super Middleweight
(over 161 to 168 pounds)
not more than 7 pounds
Light Heavyweight
(over 169 to 175 pounds)
not more than 7 pounds
Cruiserweight
(over 176 to 190 pounds)
not more than 12 pounds
Heavyweight
(over 190 pounds)
B.
				After the weigh-in of an unarmed combatant competing in LRF events:
1. weight loss in excess of two pounds is not
				permitted for an unarmed combatant who weighed in at 145 pounds or
				less;
2. weight loss in excess of
				three pounds is not permitted for an unarmed combatant who weighed in at over
				145 pounds;
3. the weight loss
				described in Paragraph 2 of this Subsection must not occur later than two hours
				after the initial weigh-in.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 9 - London Ring Fighting (LRF) › Section XI-905 - Rounds, Duration and Intermission

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Rounds shall be a minimum of 120 seconds long for male contestants and 60
				seconds long for female fighters.
B. There shall be a 60-second intermission
				between rounds, unless otherwise directed or authorized by the commission. The
				referee, at the request of the ringside physician, may extend this
				intermission, if necessary to examine a participant, for up to 30 additional
				seconds.
C. No bout may be
				scheduled for longer than five rounds nor less than three rounds. Each
				championship contest will be scheduled for five rounds.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:61(D) and
				  R.S.
				  4:64
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 9 - London Ring Fighting (LRF) › Section XI-907 - Fouls

Current through Register Vol. 50, No. 6, June 20, 2024
A. All LRF events
				shall be subject to the rules for fouls under Chapter 3, Professional Boxing,
				§321, Fouls, Deductions, of Points Because of a Foul and Accidental Fouling.
				Subsection 321.A of this Rule shall
				be amended as follows: any participant persistently using foul tactics may be
				disqualified by either the referee or the commission and in addition be subject
				to such penalty as the commission may impose. Foul tactics include, but are not
				limited to:
1. hitting below the
				belt;
2. hitting an opponent who is
				down or who is getting up after being down;
3. holding an opponent with both hands or
				arms in an attempt to hold their opponent;
4. deliberately maintaining a
				clinch;
5. butting with the head or
				shoulder or using the knee;
6.
				hitting with inside or butt of the hand, the wrist or the elbow; except a
				fighter may strike with the palm of his hand when in a clinch;
7. hitting or "flicking" with an open
				hand;
8. wrestling or roughing at
				the ropes;
9. purposely going down
				without being hit;
10. striking
				deliberately at that part of the body over the kidneys;
11. use of the pivot, backhand and rabbit
				punch;
12. the use of profane or
				abusive language;
13. engaging in
				any unsportsmanlike trick or action which causes injury to an
				opponent;
14. hitting on the
				break;
15. hitting after the bell
				has sounded the end of the round;
16. hitting an opponent whose head is between
				and outside of the ropes;
17.
				pushing an opponent about the ring or into the ropes;
18. hitting with an open hand;
19. kicking or kneeing an opponent;
20. eye gouging of any kind;
21. biting;
22. hair pulling;
23. fishhooking;
24. groin attacks of any kind;
25. putting a finger into any orifice or into
				any cut or laceration on an opponent;
26. small joint manipulation;
27. striking to the spine or the back of the
				head;
28. throat strikes of any
				kind, including without limitation, grabbing the trachea;
29. clawing, pinching or twisting the
				flesh;
30. grabbing the
				clavicle;
31. holding the shorts or
				hands of an opponent;
32. spitting
				at an opponent;
33. engaging in any
				unsportsmanlike conduct that causes an injury to an opponent;
34. holding the ropes or the fence;
35. attacking an opponent on or during the
				break;
36. attacking an opponent
				who is under the care of the referee;
37. attacking an opponent after the bell has
				sounded the end of the period of unarmed combat;
38. flagrantly disregarding the instructions
				of the referee;
39. timidity,
				including, without limitation, avoiding contact with an opponent, intentionally
				or consistently dropping the mouthpiece or faking an injury;
40. interference by the corner; and
41. throwing in the towel during the
				competition.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 9 - London Ring Fighting (LRF) › Section XI-909 - Wrapping of Hands

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hands may be
				wrapped with gauze and tape that ends no closer than one inch from the
				fighter's knuckles. The wrap must include the wrist and may travel up to three
				inches past the junction of the wrist bone.
B. Gauze may be applied to the wrist, palm of
				the hand, back of the hand and thumb. The length of gauze to be utilized may
				not exceed a length of 15 feet per hand.
C. Tape may be applied to the wrist, palm of
				the hand, back of the hand and thumb. The tape shall not be greater than one
				inch in width and shall not exceed 10 feet in length per hand.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:61(D) and
				  R.S.
				  4:64
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 9 - London Ring Fighting (LRF) › Section XI-911 - London Ring Fighting Ring

Current through Register Vol. 50, No. 6, June 20, 2024
A. All LRF
				events shall be subject to Chapter 3, Professional Boxing, §320, Boxing Ring
				and Ropes, which is hereby supplemented to permit the use of a circular
				ring.
B. LRF events may use a
				circular ring which is defined as follows.
1.
				The ring must be a minimum of no less than 18 feet or past a maximum of 26 feet
				within the ropes.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 9 - London Ring Fighting (LRF) › Section XI-913 - Toeing the Line

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any LRF event
				may use the following rules referred to as "toeing the line". If the promoter
				wishes to use the toeing the line rules, he must notify the commission in his
				event request form.
1. In every ring utilizing
				the toeing the line rule, there are 2 four-foot long lines painted in the
				center of the ring at a distance of two feet apart.
2. At the beginning of every round, both
				fighters will place at least one foot onto the line designated by the position
				of their corner before the match can be started by a signal from the
				referee.
3. If the participant is
				slow or stalling in approaching the line for the referee to start the round,
				the fighter can be either warned, have points deducted or be disqualified from
				the fight.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 9 - London Ring Fighting (LRF) › Section XI-915 - Two Ringside Physicians

Current through Register Vol. 50, No. 6, June 20, 2024
A. At all
				LRF events there shall be in attendance two physicians who are licensed in the
				state of Louisiana. Both physicians must be in attendance at ringside at all
				times during the fight:
1. a fight/round shall
				not begin unless the referee insures that both ringside physicians are present
				at ringside; and
2. at least one of
				the two ringside physicians shall be certified as an expert in the area of
				plastic surgery.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XI - Boxing and Wrestling › Chapter 9 - London Ring Fighting (LRF) › Section XI-917 - Judges and Referees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Judges and
				referees for LRF events will be licensed officials in accordance with Chapter
				3, Professional Boxing, §311, Judges and Referees, herein.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:61(D) and
				  R.S.
				  4:64
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 1 - General Provisions › Section XIII-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules are
				adopted and promulgated by authority of, and in accordance with, the
				Administrative Procedure Act,
				R.S.
				49:950 et seq., and the Louisiana Revised
				Statutes, Title 8, less and except the Louisiana Unmarked Human Burial Sites
				Preservation Act, as those laws may from time-to-time be amended.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 3 - Organization › Section XIII-301 - Officers of Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The officers of
				the board shall be a chair, a vice-chair, and a secretary-treasurer. The board
				may designate and elect such other officers as it shall determine. All officers
				shall be elected from among the members of the board, and shall perform such
				duties as shall be prescribed by the board.
B. Officers shall be elected to serve for a
				period of one year or until their successors are elected. Their term of office
				shall begin at the close of the meeting at which they are elected.
C. No member shall hold more than one office
				at a time, except that one member may serve as secretary-treasurer. An officer
				may serve consecutive terms.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:64 and
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 3 - Organization › Section XIII-303 - Meetings; Quorum

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regular
				meetings of the board shall be held at least twice a year, at such times and
				places as shall be determined by the board. Special meetings may be called by
				the chairor the board's designee and shall be called upon the written request
				of any three members of the board.
B. Written notice of all meetings shall be
				sent by the secretaryor the board's designee to each member of the
				board.
C. Four members of the board
				shall constitute a quorum.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:65 and
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 3 - Organization › Section XIII-305 - Committees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The executive
				committee shall consist of the officers of the board.
B. There shall be the following standing
				committees:
1. examination and inspection
				committee;
2. rules
				committee;
3. consumer complaints
				committee.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 3 - Organization › Section XIII-307 - Parliamentary Authority; Order of Business

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules contained in the current edition
				of
Roberts Rules of Order
shall govern the conduct of the
				board meetings and proceedings. The board may vary, modify, or deviate from
				such rules of order whenever it shall deem it necessary or advisable to do
				so.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 3 - Organization › Section XIII-309 - Computation of Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. In computing
				a period of time allowed or prescribed by these rules, by law or by order of
				the board, the date of the act, event or default after which the period begins
				to run is not to be included. The last day of the period is to be included,
				unless it is a legal holiday or a day of the weekend, in which event the period
				runs until the end of the next day which is not a legal holiday or a day of the
				weekend.
B. A half-holiday is
				considered as a legal holiday. A legal holiday or day of the weekend is to be
				included in the computation of a period of time allowed or prescribed, except
				when:
1. it is expressly excluded;
2. it would otherwise be the last day of the
				period; or
3. the period is less
				than seven days.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 3 - Organization › Section XIII-311 - Amendment of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules may
				be amended, and any such amendments shall become effective, in accordance with
				and as provided by the Administrative Procedure Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 5 - Rulemaking Procedure › Section XIII-501 - Proceedings by the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may initiate proceedings for the promulgation, amendment, or repeal of
				any rule. Such proceedings shall be conducted in accordance with the
				Administrative Procedure Act.
B.
				The board will maintain a list of persons who have made timely requests for
				advance notice of its rulemaking proceedings, and will give notice to such
				persons by certified mail pursuant to the Administrative Procedure
				Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 5 - Rulemaking Procedure › Section XIII-503 - Initiation of Proceedings by Interested Persons

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any interested person may petition the
				board requesting the adoption, promulgation, amendment, or repeal of a rule.
				The petition shall be filed by mailing same to the board at its administrative
				office in the parish of Jefferson.
B. A petition filed in accordance with this
				Section shall contain the following:
1. the
				names and addresses of the petitioners;
2. the names and addresses of the attorneys,
				if any, of petitioners;
3. all
				pertinent allegations of fact, views, arguments and reasons supporting the
				action sought by the petition;
4. a
				statement or prayer expressing the action sought by the petition.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 7 - Certificate or License › Section XIII-701 - Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. All applications
				for any certificate of authority or license shall be submitted to and filed
				with the board at its administrative office in the parish of Jefferson, and
				must be accompanied by the charge, fee, or other sum provided for in the
				Louisiana Cemetery Act. Payment of such charge, fee, or other sum shall be by
				check or money order made payable to the Louisiana Cemetery Board.
B. If the applicant fails to submit the
				necessary documentation needed to complete an application, or the application
				remains incomplete and pending for a period in excess of 180 days without the
				applicant applying for and being granted an extension for good cause shown, the
				application shall be considered void, and any application fees paid in
				conjunction therewith shall be forfeited by the applicant and shall not be
				refunded; thereafter a new application for license must be submitted by the
				applicant, together with the payment of the applicable application fee without
				credit for any fees previously paid.
C. An application may be approved and
				certificate issued if the director or the directors designee determines that
				the applicant, its owners or managerial personnel meet the qualifications for
				license, has no unresolved or outstanding violations of title 8 or these rules,
				and are not subject to any investigation for violations of title 8 or these
				rules.
D. If the director or
				directors designee determines that further investigation is warranted, the
				director or directors designee may seek additional information from the
				applicant, from third parties, and may refer all matters to the assistant
				attorney general for further investigation and inquiry as warranted.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 7 - Certificate or License › Section XIII-703 - Application for Exempt Status

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Each cemetery authority or person seeking an exemption under
				R.S.
				8:78 shall make an application in the manner
				prescribed by the board. Such application shall include a complete explanation
				justifying the exemption.
B. Upon
				the board's determination that a cemetery authority or person meets the
				qualifications for an exemption, the board may issue an exempt certificate of
				authority to said cemetery upon completion of an application and the submission
				of required documentation, as required by the board.
C. Every cemetery authority and every person
				who has been determined by the board to be exempt shall immediately notify the
				board of any change of fact, circumstance, condition, status, or mode of
				operation which might affect the board's determination. The board may, from
				time to time, require submission of such information as it may deem necessary
				to determine if a cemetery authority or person continues to meet the
				qualifications for an exemption. If the board determines that a
				previously-exempt cemetery authority or person no longer meets the
				qualifications for such an exemption, such cemetery authority or person shall
				immediately begin the process of applying for a certificate of
				authority.
D. If a cemetery
				authority or person is determined to be exempt, the cemetery authority or
				person must, nonetheless, comply with all applicable provisions of Title
				8.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 7 - Certificate or License › Section XIII-705 - Forms and Instructions [Formerly Section 703]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant shall prepare and file all
				applications on the forms prescribed by the board and in accordance with the
				instructions issued by the board.
B. The forms and instructions shall be
				prescribed by the board and shall contain such instructions and require such
				information as the board may find useful.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 7 - Certificate or License › Section XIII-707 - Other Provisions Concerning Certificate or License [Formerly section 705]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A certificate of
				authority or license shall be valid for the period of time stated thereon
				unless it shall have been sooner suspended or revoked. Each certificate of
				authority for the operation of a cemetery must be displayed on the premises of
				the cemetery authority, and each license for the conduct of other businesses
				shall be exhibited on reasonable request.
B. A certificate of authorityor license
				provided for by the Louisiana Cemetery Act shall be nontransferable.
C. When an application for certificate of
				authority has been filed, but has not been acted upon by the board, for a
				change in the ownership or control of an already-licensed cemetery or cemetery
				authority and the existing certificate of authority expires, the annual
				regulatory charge due as provided for by the Louisiana Cemetery Act shall
				nonetheless be paid.
1. Upon payment of the
				annual regulatory charge, the board or its designee may issue a temporary
				certificate of authority, not to exceed 180 days without the applicant seeking
				and being granted an extension by the board or its designee for good cause
				shown, whose application for the change in the ownership or control of the
				cemetery or cemetery authority is pending. A temporary certificate of authority
				issued pursuant to this Subsection may be revoked by the board or its designee
				with or without cause.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 7 - Certificate or License › Section XIII-709 - Refusal to Grant or Renew Certificate of Authority or License [Formerly section 707]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the director
				or directors designee refuses to grant or renew any certificate of authority to
				engage in the business of a cemetery, or the applicant has unresolved or
				outstanding violations of title 8 or these rules and/or is subject to a pending
				investigation for violation of title 8 or these rules, the director or
				directors designee shall give the applicant written notice of the decision and
				all of his or her reasons therefor. The applicant shall have 30 days after
				receipt of notice of the decision in which to initiate an adjudication
				proceeding before the board in accordance with
				§1101 et seq. If no such proceeding is
				initiated, the action shall be deemed a final decision of the board.
B. If the director or directors designee
				refuses to grant or renew any license to engage in the business of a cemetery
				sales organization or a cemetery management organization, or the applicant has
				unresolved or outstanding violations of title 8 or these rules and/or is
				subject to a pending investigation for violation of title 8 or these rules, the
				director or directors designee shall give the applicant written notice of the
				decision and all of his or her reasons therefor. The applicant shall have 30
				days after receipt of notice of the decision in which to initiate an
				adjudication proceeding before the board in accordance with
				§1101 et seq. If no such proceeding is
				initiated, the action shall be deemed a final decision of the board.
C. The board may require the applicant to pay
				the costs of the adjudication proceeding.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 7 - Certificate or License › Section XIII-711 - Revocation or Suspension of Certificate of Authority [Formerly Section 709]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of
				information that may constitute grounds for revocation, suspension, annulment,
				or withdrawal of a certificate of authority, the board shall comply with the
				provisions of Title 8, Administrative Procedure Act, and these rules regarding
				the revocation, suspension, annulment, or withdrawal of any certificate of
				authority, and particularly but without limitation,
				R.S.
				49:961.
B. A holder of a certificate of authority
				shall have 30 days from receipt of the notice required by
				R.S.
				49:961(C) in which to show
				compliance with all lawful requirements for the certificate of
				authority.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 9 - Cemetery Records and Documents › Section XIII-901 - Records Required to be Maintained

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every cemetery or cemetery authority,
				whether holding a certificate of authority or not, shall maintain accurate,
				complete, and legible records of any books, contracts, records, or documents
				pertaining to, prepared in, or generated by, the cemetery including, but not
				limited to:
1. forms, including, but not
				limited to:
a. contracts and deeds;
b. titles; and
c. certificates of interment
				rights;
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 9 - Cemetery Records and Documents › Section XIII-903 - Records to be Transferred

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the
				change of ownership or control of a cemetery or cemetery authority, the records
				referenced in
				Section
				901 shall be provided to the
				transferee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 9 - Cemetery Records and Documents › Section XIII-905 - Access to Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. All records
				pertaining to the operation and business of a cemetery shall be available for
				inspection by the board at any time during regular business hours. The records
				shall be available for inspection at the cemetery or at a location designated
				by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 9 - Cemetery Records and Documents › Section XIII-907 - Permanency of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. All records
				pertaining to the operation and business of a cemetery shall be preserved until
				the obligation pursuant thereto is fulfilled. Following the fulfillment of any
				obligation, these records shall be subject to the retention schedule set forth
				in Subsections B and C of this Section.
B. The following records pertaining to the
				operation and business of a cemetery shall be permanently preserved:
1. contracts and deeds, titles, and
				certificates of interment rights;
2. cemetery space ownership
				records;
3. interment
				records;
4. maps and plats;
				and
5. current and past rules and
				regulations of the cemetery, if any.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 9 - Cemetery Records and Documents › Section XIII-909 - Written Contracts Required

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All contracts for cemetery spaces, interment rights, or cemetery related
				merchandise and services shall be in writing and written in clear and
				understandable language. All such contracts shall be sequentially numbered and
				entered into a sales journal numerically.
B. All contracts under Subsection
				909. A shall
				include the following mandatory information:
1. date of the contract;
2. name of the seller and
				purchaser;
3. statement that the
				cemetery is perpetual care, if applicable;
4. the location of the interment
				space;
5. an itemization of the
				prices charged, including any applied discounts, for each item provided as part
				of the contract;
6. the terms under
				which each contract is to be paid; and
7. the clear terms for cancellation of the
				agreement and the damages for cancellation, if any.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 11 - Proceedings other than Rulemaking; General Procedural Rules › Section XIII-1101 - Proceedings by the Board [Formerly Section 901]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Proceedings initiated by the board, except
				for the promulgation, amendment or repeal of a rule, shall be commenced by the
				issuance of an order to show cause directed to the respondent. Such order shall
				state the acts, conduct, or the failure or omission to act alleged to be
				contrary to or in violation of any provision of law or of any of the lawful
				rules, regulations, orders, decisions or opinions issued, rendered and/or
				promulgated by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:66 and
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 11 - Proceedings other than Rulemaking; General Procedural Rules › Section XIII-1103 - Proceedings by Persons other than the Board [Formerly Section 903]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				desiring to initiate adjudication proceedings, except for the promulgation,
				amendment or repeal of a rule, and who is entitled or required by law to do so
				shall prepare and file with the board a petition in the form and content as set
				forth in Subsection 503.
				B of these rules and including, whenever
				applicable and possible, particular reference to the statute, rule, regulation,
				order, decision or opinion involved.
B. Any person desiring to initiate
				adjudication proceedings, except for the promulgation, amendment or repeal of a
				rule, but who is not entitled or required by law to do so shall prepare and
				file with the board a petition which shall meet the requirements of
				Subsection 1103.
				A If the board shall determine that the
				petition is filed in good faith, that the petitioner would be entitled to
				relief if the allegations of his petition are established and that such
				allegations otherwise justify the initiation of adjudication proceedings, the
				board shall initiate adjudication proceedings in accordance with these
				rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 11 - Proceedings other than Rulemaking; General Procedural Rules › Section XIII-1105 - Notice [Formerly Section 905]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the issuance of an order to show
				cause by the board, or upon the initiation of adjudication proceedings pursuant
				to a petition filed by any person in accordance with these rules, the board
				shall issue a notice in conformity with the provisions of
				R.S.
				49:955.
B. The hearing set by such notice shall be
				fixed not less than 20 days from the date of such notice.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67 and
				  R.S.
				  8:68.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 11 - Proceedings other than Rulemaking; General Procedural Rules › Section XIII-1107 - Service of Notice; Pleadings, and other Documents [Formerly Section 907]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Service of such
				notice, and of all pleadings, decisions, orders, and other papers and documents
				shall be made, and shall be deemed valid if made, by delivering one copy to
				each party or his attorney of record in person or depositing it in the United
				States mail, first class, postage prepaid, certified or registered mail, return
				receipt requested, directed to the party or his attorney of record at his post
				office address. Service by mail shall be deemed complete at the date of
				mailing. Notwithstanding the foregoing, the parties may mutually agree to
				another method of service acceptable under the Louisiana
Code of Civil
				Procedure
.
B. Unless
				otherwise provided, when any party has appeared through an attorney, service
				upon such attorney shall be deemed valid service upon the party until written
				notice of dismissal of such attorney is received by the board and served on all
				parties of record to the proceeding.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 11 - Proceedings other than Rulemaking; General Procedural Rules › Section XIII-1109 - Answer or Appearance [Formerly Section 909]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A respondent may file his answer or other
				appearance personally or through an attorney not later than five days before
				the date fixed for the hearing.
B.
				The filing of an answer or other appearance by an attorney constitutes an
				appearance by the party for whom the pleading is filed, and also constitutes an
				appearance of the attorney on behalf of such party. An attorney who has
				appeared on behalf of a party may withdraw from any proceeding upon good cause
				shown to the board and upon written notice to the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 11 - Proceedings other than Rulemaking; General Procedural Rules › Section XIII-1111 - Appearances [Formerly Section 313]

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person, except an individual appearing
				on his own behalf or as a representative or witness on behalf of a party, shall
				be permitted to participate in any proceeding before the board unless such
				person is represented by an attorney of this state in good standing.
B. Any attorney or counselor from any other
				jurisdiction, of good standing there, may, at the discretion of the board be
				admitted, pro hac vice, to associate with an attorney of this state in a
				proceeding and to participate therein in the same manner as an attorney of this
				state, provided, however, that all pleadings, briefs, and other papers filed
				with the board in such matters shall be signed by an attorney authorized to
				practice in this state who shall be held responsible for them and who shall be
				present at all times during the proceeding unless excused by the presiding
				officer.
C. Any person appearing
				before or transacting business with the board in a representative capacity may
				be required by the board or the presiding officer to file evidence of his
				authority to act in such capacity.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XIII - Cemetery Industry › Chapter 11 - Proceedings other than Rulemaking; General Procedural Rules › Section XIII-1113 - Formal Requirements for Pleadings [Formerly Section 315]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All pleadings
				shall be printed or typewritten and shall be prepared on either letter size or
				legal size paper.
B. All pleadings
				must be signed in ink by the party or attorneys of record, if any.
C. All pleadings initiating a proceeding or
				otherwise seeking affirmative relief and all petitions of intervention shall be
				verified, except for those matters initiated or petitions or orders to show
				cause brought by the board or upon the motion of the attorney general of the
				state of Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  8:67.