reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education › Section V-3105 - Initiation of Hearing [Formerly LAC 34:I.3105]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Responsibility of Bidders and Proposers. A
				hearing held to consider the disqualification of a bidder or proposer shall be
				commenced with the giving of written notice issued by the chief procurement
				officer, the commissioners or head of a governmental body.
B. Protest of aggrieved person in connection
				with the solicitation, award, or issuance of written notice of intent to award.
				Any person who is aggrieved in connection with the solicitation, award, or
				issuance of written notice of intent to award may protest to the chief
				procurement officer. Protests with respect to a solicitation shall be submitted
				in writing at least 2 days prior to the opening of bids or proposals. Protests
				with respect to the award of a contract or the issuance of written notice of
				intent to award a contract shall be submitted in writing within 14 days after
				contract award.
1. The written protest must
				state the issue(s) protested. The protest hearing is limited to the issues
				contained in the written protest unless there is a showing that an issue not
				mentioned ought to be examined in order to properly dispose of the matter, or,
				in the public interest, there is other good ground for consideration of other
				issues and evidence.
2. Upon
				receipt of a written protest in conformity with the preceding Paragraph, the
				chief procurement officer shall cause to issue a written notice to the
				aggrieved person and shall also, issue a written notice to all interested
				persons.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education › Section V-3107 - Notice [Formerly LAC 34:I.3107]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The written notice required to be sent in
				order to commence a hearing within the foregoing section of these rules for the
				adjudicatory hearings provided for to parties, aggrieved persons, or interested
				persons who do not waive their rights shall include:
1. a statement of the time, place, and nature
				of the hearing;
2. a statement of
				the legal authority and jurisdiction under which the hearing is to be
				held;
3. a reference to the
				particular sections of the statutes and rules involved;
4. a short and plain statement of the matters
				asserted.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education › Section V-3109 - Hearing; Record [Formerly LAC 34:I.3109]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hearing
1. An opportunity shall be afforded all
				parties, aggrieved persons, or interested persons to respond and present
				evidence on all issues of fact involved and argument on all issues of law and
				policy involved and to conduct such cross-examination as may be required for a
				full and true disclosure of the facts.
2. The hearing officer may, in his
				discretion, request written views from a governmental body which will be
				directly affected by the outcome of the adjudicatory hearing and give such
				weight to the submission as the facts and law require. A copy of such written
				submission shall be provided to all parties, aggrieved persons, or interested
				persons participating in the adjudicatory proceeding.
3. Informal disposition may be made of any
				case of adjudication by stipulation, agreed settlement, consent order, or
				default.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education › Section V-3111 - Rules of Evidence; Official Notice; Oaths and Affirmations; Subpoenas; Depositions and Discovery; and Confidential Privileged Information [Formerly LAC 34:I.3111]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rules of
				Evidence
1. The hearing officer may admit and
				give probative effect to evidence which possesses probative value commonly
				accepted by reasonable prudent persons in the conduct of their affairs. He
				shall give effect to the rules of privilege recognized by law. He may exclude
				incompetent, irrelevant, immaterial, and unduly repetitious evidence.
				Objections to evidentiary offers may be made and shall be noted in the record.
				Subject to these requirements, when a hearing will be expedited and the
				interests of the parties, aggrieved person, or interested persons will not be
				prejudiced substantially, any part of the evidence may be received in written
				form.
2. All evidence, including
				records and documents in the possession of the governmental agency of which the
				hearing officer desires to avail himself, shall be offered and made a part of
				the record, and all such documentary evidence may be received in the form of
				copies or excerpts, or by incorporation by reference. In case of incorporation
				by reference, the materials so incorporated shall be available for examination
				by the parties before being received in evidence.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education › Section V-3113 - Decisions and Orders of the Hearing Officer [Formerly LAC 34:I.3113]

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the subject
				matter of the hearing is not resolved, the hearing officer shall, within 14
				days of the conclusion of a protest hearing, or within a reasonable time of the
				conclusion of a hearing to determine responsibility, suspension or debarment,
				or a controversy between the state and a contractor, issue a written decision
				stating the reasons for the action taken and informing the party, aggrieved
				person, or interested person of the right to administrative review and
				thereafter judicial review where applicable.
1. A copy of the decision or order shall be
				mailed or otherwise furnished the party, aggrieved person, or interested person
				immediately.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education › Section V-3115 - Administrative Appeal to the Commissioner [Formerly LAC 34:I.3115]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				shall have authority to review and determine any appeal by a party, aggrieved
				person or interested person who has intervened in a hearing before the hearing
				officer from a determination by the hearing officer from an adjudication on a
				protest of a solicitation, award, or intent to award, a suspension or
				debarment, or a controversy between the state and a contractor.
B. Scope of Appellate Review by the
				Commissioner
1. An appeal to the commissioner
				authorized by
				R.S.
				39:1681 and the foregoing provision shall be
				limited to a review of the record of the proceedings before the hearing officer
				and written briefs submitted by or on behalf of persons who have
				appealed.
2. A person seeking
				review by the commissioner of a decision by the hearing officer may, within the
				time limitations fixed herein below for appeals, raise by separate written
				documents:
a. the existence and discovery
				since hearing of new evidence important to the issues which he could not have
				with due diligence obtained before or during trial; or
b. the existence of issues not previously
				considered which ought to be examined in order to properly dispose of the
				matter. Upon receipt of such separate written document, the commissioner,
				should he deem the assertions well founded, may either remand the matter to the
				hearing office or grant a hearing to consider the assertions himself. In either
				event, whether the assertions are heard by the hearing officer or the
				commissioner, the evidence or submissions of said hearing shall be incorporated
				into the record and considered in the administrative appeal.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education › Section V-3117 - Judicial Appeal from Administrative Decisions [Formerly LAC 34:I.3117]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Solicitation and
				Award of Contracts. The Nineteenth Judicial District Court shall have exclusive
				venue over an action between the state and a bidder, proposer, or contractor,
				prospective or actual, to determine whether a solicitation or award of a
				contract is in accordance with the constitution, statutes, regulations, and the
				terms and conditions of the solicitation. Such actions shall extend to all
				kinds of actions, whether for monetary damages or for declaratory, injunctive,
				or other equitable relief. Any action under
				R.S.
				39:1691(A) shall be commenced
				within 14 days after receipt of the decision of the commissioner under
				R.S.
				39:1683(C).
B. Debarment or Suspension. The Nineteenth
				Judicial District Court shall have exclusive venue over an action between the
				state and a person who is subject to a suspension or debarment proceeding, to
				determine whether the debarment or suspension is in accordance with the
				constitution, statute, and regulations. Such actions shall extend to actions
				for declaratory, injunctive, or other equitable relief. Any action under
				R.S.
				39:1691(B) shall be
				commenced within six months after receipt of the decision of the commissioner
				under
				R.S.
				39:1684(C).
C. Actions under Contracts or for Breach of
				Contract. The Nineteenth Judicial District Court shall have exclusive venue
				over an action between the state and a contractor who contracts with the state,
				for any cause of action which arises under or by virtue of the contract for a
				breach of the contract or whether the action is for declaratory, injunctive, or
				other equitable relief. Any action under
				R.S.
				39:1691(C) shall be
				commenced within six months after receipt of the decision of the commissioner
				under
				R.S.
				39:1685(C).
D. Disqualification of Bidders or Proposer. A
				bidder or proposer disqualified after a hearing conducted pursuant to
				R.S.
				39:1601 shall have a right of appeal to the
				Nineteenth Judicial District Court. Any action for review of a hearing
				conducted pursuant to
				R.S.
				39:1601 shall be commenced within 30 days
				after receipt of the hearing officer's decision or within 30 days of the
				receipt of a decision on an application for rehearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education › Section V-3119 - Procedure upon Judicial Review [Formerly LAC 34:I.3119]

Current through Register Vol. 50, No. 6, June 20, 2024
A. An appeal to the Nineteenth Judicial
				District Court for review of a decision of the commissioner shall be instituted
				within the time delays established in the preceding Section entitled "Judicial
				Appeal from Administrative Decisions" by the filing of a petition. An appeal to
				the decision of a hearing officer in a hearing involving the responsibility of
				a bidder or proposer shall likewise be filed within the delay provided in the
				preceding Section and shall be instituted by the filing of a
				petition.
B.
1. The filing of the petition does not stay
				enforcement of a decision in proceedings involving responsibility of a bidder
				or proposer, suspension or debarment, or controversies between the state and a
				contractor. The commissioner may grant, or the Nineteenth Judicial District
				Court may order, a stay upon appropriate terms.
2. The filing of a petition shall stay
				progress of a solicitation or award of a contract unless the chief procurement
				officer makes a written determination that the awarding of the contract is
				necessary without delay to protect the substantial interests of the state. Upon
				such determination, no court shall enjoin progress under the award except after
				notice and hearing.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 31 - Protests and Appeals, Bidder Responsibility, Suspension and Debarment of Bidders, and Contract Controversies for Boards and Institutions of Higher Education › Section V-3121 - Appeals [Formerly LAC 34:I.3121]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Review of a final judgment of the district
				court to the Court of Appeal for the First Circuit shall be taken as in other
				civil cases.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:1581.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 33 - Vendors › Section V-3301 - Vendor Fees [Formerly LAC 34:I.3301]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state reserves the right to charge an
				annual subscription fee to vendors, upon written notice of no less than 30
				days. The fees may be used to ensure sustainability of various services to
				vendors that assist them in conducting business with the state of Louisiana
				relative to procurement and procurement related opportunities, such as
				training, instructive publications, etc.
1,
				2. Repealed.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 35 - Rulemaking Petitions › Section V-3501 - 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 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part V - Procurement › Chapter 35 - Rulemaking Petitions › Section V-3503 - 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 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 1 - General Provisions › Section VII-103 - Inventory Classification Codes

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				listing of items of state property alphabetized by their commonly used names
				will be developed and maintained by the Louisiana Property Assistance Agency
				director or his designee. A code number representing each item will be
				designated. These codes and only these codes are mandated for use in
				inventorying moveable property by all state agencies subject to the provisions
				of Title 39 of the Louisiana Revised Statutes.
B. The agency property manager shall use the
				mandated classification code when completing the classification code field on
				the Louisiana Property Control Transmittal Form and the classification code
				section of the BF-11 Form.
C. When
				an Item has not been Assigned an Inventory Classification Code. The agency
				property manager must contact the Louisiana Property Assistance Agency for
				assignment of a new code number before submitting the Louisiana Property
				Control Transmittal Form.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 1 - General Provisions › Section VII-105 - Agency Numbers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency
				number and sub-number are numbers assigned to the agency by the Louisiana
				property assistance agency director or his designee. This same number is the
				first five digits on all of the agency's state of Louisiana identification
				tags. Requests for new or additional agency numbers should be directed to the
				Louisiana Property Assistance Agency director or his designee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:321.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 1 - General Provisions › Section VII-107 - 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 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 1 - General Provisions › Section VII-109 - 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 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 3 - State Property Inventory › Section VII-301 - Appointment of Property Managers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The head of the agency shall designate one of its officers or employees as
				agency property manager. In cases where an agency owns a large amount of
				property situated in more than one location. The Louisiana Property Assistance
				Agency director or his designee may authorize the appointment of more than one
				agency property manager within an agency. This authorization shall be in
				writing and granted only upon the request of the head of the agency. The head
				of the agency shall notify the commissioner, through the Louisiana Property
				Assistance Agency director or his designee, in writing, of the appointment of
				each agency property manager giving his name and domicile. The agency property
				manager's signature shall be placed on this letter.
B. The head of the agency shall notify the
				Louisiana Property Assistance Agency director or his designee in writing prior
				to the date any agency property manager ceases to function in that position.
				The Louisiana Property Assistance Agency director or his designee shall conduct
				an examination of the property inventory records under the jurisdiction of the
				agency property manager. On the basis of the report of this examination and the
				next accepted certification of moveable property inventory by the agency, the
				Louisiana Property Assistance Agency director or his designee shall approve the
				release of the agency property manager from responsibility and liability or
				shall make a written report of any defects in the records or damage to or
				shortages of property. In cases of damage to or shortages of property, the
				commissioner shall take steps as necessary to satisfy the claims of the state,
				as provided by
				R.S.
				39:330.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:322,
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 3 - State Property Inventory › Section VII-303 - Faithful Performance of Duty Bond

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where the Louisiana Property Assistance
				Agency director or his designee has approved the appointment of one or more
				property managers within an agency, each property manager shall be covered by
				the Faithful Performance of Duty Bond.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:326,
				  R.S.
				  39:330 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 3 - State Property Inventory › Section VII-305 - Responsibility for Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				agency property manager shall be the custodian of and shall be responsible for
				all the property within his agency until his release from responsibility is
				approved by the Louisiana Property Assistance Agency director or his
				designee.
B. Each agency property
				manager shall maintain for three years past, the following files:
1. copies of all transmittals submitted for
				which no record of acceptance has yet been received;
2. annual printout of inventory used for
				certification (§313. C and §313. G 2);
3. letters of certification of moveable
				property inventory and subsequent letters of acceptance or rejection
				(§313. F 11 and §313. G 12);
4. sequentially dated copies of all property
				acquisition/ change transaction listings received (§317 A);
5. sequential copies of BF-11s submitted, and
				responses received (§501).
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 3 - State Property Inventory › Section VII-309 - Marking and Identifying Items of Property on Inventory

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each item which meets the definition of
				items of property to be inventoried (§307) must be identified with an
				identification tag approved by the Commissioner of Administration which shall
				bear a unique identification number.
B. Agencies shall submit their requests for
				state of Louisiana identification tags directly to Louisiana Property
				Assistance Agency.
C. The agency
				property manager shall be responsible for the tagging of property, location,
				identification of property, and maintenance of property identification tags as
				prescribed in these regulations.
D.
				Livestock may be tagged in the ear with a metal tag provided that tag number is
				set aside. If there is any type of identification mark or tag already on the
				animal, such as bangs, brucellosis, etc., such identification shall be entered
				as the tag number provided the number has not been used before.
E. If the item cannot have a state of
				Louisiana identification number placed on it for physical reasons, the
				identification number should be set aside and the identification number written
				on the item with indelible ink (in case of items of cloth), or the number
				inscribed on the item with a small engraving tool. Authorization must be given
				in writing by the Louisiana Property Assistance Agency director or his designee
				for any inventoriable item which does not have a state identification mark due
				to extenuating circumstances.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:323,
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 3 - State Property Inventory › Section VII-311 - Inventory of Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency
				property manager shall establish and maintain a property location index which
				shall be used to keep track of the location of property of the agency. The
				agency property manager shall keep the property location index for the agency
				current and shall submit to the Louisiana Property Assistance Agency director
				or his designee an up-to-date index each time a change or modification is made
				in the index.
B. The agency
				property manager shall submit all pertinent inventory information on items
				acquired by the agency and defined in these regulations as items to be
				inventoried. The means of submitting the information shall be the Louisiana
				Property Control Transmittal Form. These forms may be obtained from the Forms
				Management Section of the Division of Administration. This form shall be sent
				monthly to the Louisiana Property Assistance Agency director or his designee
				listing the transactions of the agency for the month. The data submitted on the
				transmittal form will be forwarded to the Baton Rouge Computer Center by the
				Louisiana Property Assistance Agency director or his designee, where it will be
				keypunched into the agency's inventory master file.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:324,
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 3 - State Property Inventory › Section VII-317 - Reports from Louisiana Property Assistance Agency

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency property manager submits the
				Louisiana Property Control Transmittal Form each month to the Louisiana
				Property Assistance Agency listing the transactions for the month. At least
				once each month, the agency property manager will receive from Louisiana
				Property Assistance Agency a report listing the property acquisitions and
				changes submitted for the month (if any). Eventually, this report will also
				include a listing of property dispositions recorded for the agency on the state
				master file listing for the respective month. This monthly report will show the
				change in total acquisition value of inventory accomplished for the agency by
				accepted transactions.
B. Agency
				Inventory Master File Report. This report contains all the current and updated
				items on the state master file listing of inventory for an agency and is
				received upon request from the agency property manager to the Louisiana
				Property Assistance Agency director. If many transactions have occurred during
				a period of time, a special request may be submitted for this report other than
				annually.
C. Inventory
				Classification Codes. The Louisiana Property Assistance Agency director or his
				designee will send, as deemed necessary by said director, an updated listing of
				approved classification codes for items of moveable property to all agency
				property managers of record. Upon special request from the agency property
				manager for this listing, a fee sufficient to cover costs will be assessed to
				the agency.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:324,
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 3 - State Property Inventory › Section VII-319 - Agency Reporting Requirements: Summary

Current through Register Vol. 50, No. 6, June 20, 2024
A. Reports from Head of Agency
1. New agency or agency
				reorganization-notification of new property manager and domicile, §301.
				A
2. Request for more than one
				agency property manager, §301. A
3. Notification when agency property manager
				ceases to function/replaced, §301. B
4. Notification when property is not located
				or destroyed, etc., §305. D
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 3 - State Property Inventory › Section VII-321 - Acquisition by Transfer from State Surplus Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. Surplus property from state agencies is
				normally retained for the inspection of state agencies at least 45 days before
				it is sold at public bid or auctioned or scrapped.
B. The purpose for displaying surplus and
				idle items at the state surplus property warehouse is for transferring those
				items to an agency where a need exists, thereby reducing expenditures for
				additional items.
C. The agency
				property manager or his designated representative shall select the item which
				the agency needs. A value less than the expected price from public sale of the
				item shall have been established for each item in the possession of the State
				Surplus Property Unit of the Louisiana Property Assistance Agency and the
				receiving agency shall be billed for that value when the item has been received
				by the receiving agency. Payment to the Louisiana Property Assistance Agency
				shall be within 30 days.
D. The
				agency property manager shall use the Louisiana Property Control Transmittal
				Form to input acquisitions by transfer from State Surplus Property into the
				state master file listing of agency inventory.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:324,
				  R.S.
				  39:326,
				  R.S.
				  39:330 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 3 - State Property Inventory › Section VII-323 - Responsibility of the Division of Administration Budget Office

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Division of
				Administration Budget Section shall provide the Louisiana Property Assistance
				Agency with the name and number of each new agency, each abolished agency, and
				information concerning consolidation or other change of status of any agency.
				The status change of an agency shall also include those agencies that operate
				with revolving funds as nonbudget units. This information shall be provided on
				a timely basis so that the inventory of state-owned property can be kept
				accountable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 3 - State Property Inventory › Section VII-325 - Regulations and Orders by the Commissioner

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner shall have power and
				authority to make necessary and reasonable regulations and orders to carry out
				the provisions of these regulations when it serves the best interest of the
				state, in addition to specific authorization contained in this
				Section.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 5 - State Property Disposition › Section VII-505 - Disposition of State Moveable Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. These regulations of the commissioner
				shall govern the condemnation and disposition of state property when it is
				determined that certain items of property are of no use to the agency or to the
				state.
B. Property transferred to
				the Louisiana Property Assistance Agency of the Division of Administration may
				be assigned for use in other agencies in accord with established policies of
				the Division of Administration when the commissioner deems it to be in the best
				interest of the state. A fee may be assessed to the receiving agency in accord
				with established policies approved by the commissioner governing the operations
				of the Louisiana Property Assistance Agency. Said property may, in accord with
				Division of Administration policies and
				R.S.
				39:330(b), be sold to
				political subdivisions, municipalities, or religious, charitable, or
				educational organizations when the commissioner deems it to be in the best
				interest of the state. To purchase such property, said subdivisions,
				municipalities and/or organizations must:
1.
a. follow agency-listing procedures
				established by the Louisiana Property Assistance Agency director with the
				approval of the commissioner;
b.
				place purchased items in use within the subdivision, municipality, and/or
				organization within 90 days of purchase; and
c. maintain purchased items in use for
				subdivision, municipality, and/or organizational purposes for at least 18
				months from date of purchase.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 5 - State Property Disposition › Section VII-507 - Regulations and Orders by the Commissioner

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner shall have power and
				authority to make necessary and reasonable regulations and orders to carry out
				the provisions of these regulations when it serves the best interest of the
				state, in addition to specific authorizations contained in this Part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 7 - Agencies with Integrated Inventory Control Systems and Miscellaneous Exceptions › Section VII-701 - Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				shall have the authority to allow certain agencies which have utilized their
				own data processing facilities for their inventory control systems and those
				agencies which initiate data processing facilities for this purpose to maintain
				and use those systems provided those inventory systems can meet the
				requirements of R.S. 39:321-332 and these State Property Control
				regulations.
B. A prerequisite to
				receive written permission from the commissioner through the Louisiana Property
				Control Assistance Agency director is that the existing system must be
				integrated into other systems within the agency through data processing
				interfaces and not be a "stand alone" system. "Stand alone" inventory systems
				shall be converted to the state Property Control System. The Office of
				Information Services of the Division of Administration shall make that
				determination through an examination of those agencies which apply to the
				commissioner through the Louisiana Property Assistance Agency director for
				permission to continue to use their own data processing facilities for agency
				inventory control.
C. Those
				agencies which receive written permission to utilize their own data processing
				facilities for inventory control are excluded from utilizing the Louisiana
				Property Control Transmittal Form.
D. These regulations must be met in full
				unless the head of the agency applies to the commissioner through the Louisiana
				Property Assistance Agency director for a specific exclusion from a requirement
				and receives written permission from the commissioner when he deems it to be in
				the best interest of the state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:321,
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 7 - Agencies with Integrated Inventory Control Systems and Miscellaneous Exceptions › Section VII-703 - Agency Inventory Master File Interface

Current through Register Vol. 50, No. 6, June 20, 2024
A. Those agencies which receive written
				permission from the commissioner through the Louisiana Property Assistance
				Agency director to utilize their own data processing facilities for inventory
				control shall coordinate through the Office of Information Services of the
				Division of Administration and complete the following conversion programs for
				transferring the agency master file information.
B. If the agency has not previously listed
				inventory on the Louisiana Property Assistance System, the agency shall
				transfer to the Division of Administration, Louisiana Property Assistance
				Agency Inventory Control System at the Baton Rouge Computer Center the agency's
				inventory master file with the same data and field length as required when
				using the Louisiana Property Control Transmittal Form through a computer
				tape-to-tape conversion. If the agency has previously listed inventory on the
				Louisiana Property Assistance System, Louisiana Property Assistance Agency will
				provide the agency with a computer tape of inventory to be used in establishing
				the agency system.
C. Each
				subsequent month, the agency shall submit a like formatted computer tape
				showing all acquisition and change transactions for the preceding month
				involving the agency inventory master file. Each acquisition/change transaction
				tape must be submitted in the format approved by Louisiana Property Assistance
				Agency.
D. Disposition and removal
				of items from inventory may only be accomplished by submission and approval of
				a BF-11 (§501).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:321,
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 7 - Agencies with Integrated Inventory Control Systems and Miscellaneous Exceptions › Section VII-705 - Inventory Classification Code System

Current through Register Vol. 50, No. 6, June 20, 2024
A. All state agencies shall utilize the
				inventory classification code system established by the Louisiana Property
				Assistance Agency director or his designee for the coded numbers which identify
				each item of inventory. Any agencies currently not utilizing the Louisiana
				Property Assistance Agency inventory classification code system shall convert
				the items on the agency inventory master file to said classification code
				system. This conversion shall be coordinated by the Office of Information
				Services between the agency and the Louisiana Property Assistance Agency.
Promulgated in
				  accordance with
				  R.S.
				  39:321,
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 7 - Agencies with Integrated Inventory Control Systems and Miscellaneous Exceptions › Section VII-707 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The head
				of the agency and the agency property manager(s) shall comply with the
				reporting requirements of these regulations with the exception of §311 B,
				§319. B.6 -7, which relate to the use of the Louisiana Property Control
				Transmittal Form. This form will not be used when an agency has received
				permission in writing to utilize their own data processing facilities. Computer
				tapes will be submitted on a monthly basis instead of the transmittal form.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  39:321,
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 7 - Agencies with Integrated Inventory Control Systems and Miscellaneous Exceptions › Section VII-709 - Nonexclusion from State Property Control Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. These regulations, effective February 20,
				1986, Chapters 1-7, (§§101-709) supersede all previous regulations
				and exceptional permissions, both written and verbal. Any exclusion request
				shall be submitted to the commissioner, through the Louisiana Property
				Assistance Agency director, for consideration. Any exclusion from these
				regulations must be approved in writing by the commissioner.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S.321,
				  R.S.
				  39:326 and
				  R.S.
				  39:332.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part VII - Property Control › Chapter 9 - Noncompliance › Section VII-901 - Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				shall have power and authority to make necessary and reasonable regulations and
				orders to carry out the provisions of these regulations when it serves the best
				interest of the state. The commissioner shall have the authority to invoke any
				and all of the following actions when agencies are found to be in noncompliance
				with these regulations:
1. call in the good
				faith performance bonds of the respective property managers;
2. take action to restrict or require
				acquisition of movable property only on approval of the commissioner until
				compliance with the movable property regulation is completed;
3. revoke or restrict purchasing authority
				for movable property;
4. contract,
				at the expense of the agency in noncompliance, the resources necessary to
				resolve the compliance problem.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part IX - Federal Property Assistance Agency › Chapter 1 - General Provisions › Section IX-101 - Executive Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. Executive Order
				MJF 97-19, dated January 1, 1997, authorizes the name of the program to be the
				Louisiana Federal Property Assistance Program, a unit of the Louisiana Property
				Assistance Agency, a section of the Division of Administration in the Executive
				Branch of the Office of the Governor. This executive order authorizes the
				director of the agency, acting through the program manager, to possess all
				power and authority necessary to exercise and perform all the functions, duties
				and responsibilities cited in the plan of operation, so as to comply with all
				applicable state and federal laws and regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with  41 CFR 101-44  and P.L.
				  94-519.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part IX - Federal Property Assistance Agency › Chapter 1 - General Provisions › Section IX-105 - Appropriations Bill

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ancillary
				budget identifies the revolving fund of the program which is used as the means
				of financing for the program's operations.
AUTHORITY NOTE:
				  Promulgated in accordance with  41 CFR 101-44  and P.L.
				  94-519.
Louisiana Administrative Code › Title 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part IX - Federal Property Assistance Agency › Chapter 1 - General Provisions › Section IX-107 - 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 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part IX - Federal Property Assistance Agency › Chapter 1 - General Provisions › Section IX-109 - 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 34 - GOVERNMENT CONTRACTS, PROCUREMENT AND PROPERTY CONTROL › Part IX - Federal Property Assistance Agency › Chapter 3 - Designation of State Agency › Section IX-301 - Agency Responsible

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Federal Property Assistance Program, a unit of the Louisiana Property
				Assistance Agency, a section of the Division of Administration, which is in the
				Executive Branch of the Office of the Governor, is designated as the agency
				responsible for administering the federal surplus property program in the state
				of Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with  41 CFR 101-44  and P.L.
				  94-519.