Part III. Economic Stability and Self Sufficiency

Subchapter B. Child Care Providers

§5107. Child Care Providers

A. - G.2. ...

H.1. Quality incentive bonuses are available to:

a. - c. ...

d. eligible CCAP providers who are voluntarily participating in the Louisiana Department of Education community network pilots effective July 1, 2013-June 30, 2014 with 3-5 stars in the quality start child care rating system who are caring for CCAP-eligible children birth to five years, as part of the implementation of Act 3 of the 2012 Legislature.

H.2. - I.3 ...

AUTHORITY NOTE: Promulgated in accordance with 45 CFR Parts 98 and 99, P.L. 104-193,Act 152, 2002 First Extraordinary Session, Act 13, 2002 Reg. Session, Act 58, 2003 Reg. Session, ACF Guidance: ACYF-IM-CC-05-03.

HISTORICAL NOTE: Promulgated by the Department of Social Services, Office of Family Support, LR 24:357 (February 1998), amended LR 25:2444 (December 1999), LR 26:2827 (December 2000), LR 27:1932 (November 2001), LR 28:349 (February 2002), LR 28:1491 (June 2002), LR 29:43 (January 2003), LR 29:189 (February 2003), LR 30:496 (March 2004), LR 30:1484, 1487 (July 2004), LR 31:102 (January 2005), LR 31:2263 (September 2005), LR 32:1465 (August 2006), LR 32:2097 (November 2006), LR 33:507 (March 2007), LR 34:692 (April 2008), LR 36:555 (March 2010), LR 36:845 (April 2010), amended by the Department of Children and Family Services, Economic Stability and Self-Sufficiency Section, LR:36:2535 (November 2010), amended by the Department of Children and Family Services, Economic Stability Section, LR 37:3490 (December 2011), LR 39:2737 (October 2013).

Secretary

1310#087
RULE

Office of the Governor

Board of Architectural Examiners

Architect Emeritus (LAC 46:I.1539)

Under the provisions of R.S. 49:950 et seq., and through the authority granted in R.S. 37:144(C), the Board of Architectural Examiners adopts LAC 46:I.1539 to provide concerning the title which an architect who has been granted emeritus status may use in Louisiana. The existing board rules do not provide concerning such title.

Title 46

PROFESSIONAL AND OCCUPATIONAL STANDARDS

Part I. Architects

Chapter 15. Titles, Firm Names, and Assumed Names

§1539. Architect Emeritus

A. An architect who has received emeritus status from the board pursuant to §1105.E should use the title “architect emeritus.”

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:144.

HISTORICAL NOTE: Promulgated by the Office of the Governor, Board of Architectural Examiners, LR 39:2737 (October 2013).
Mary “Teeny” Simmons

Executive Director

1310#006
RULE

Office of the Governor

Board of Architectural Examiners

Individuals Registered in Other States and

Under the provisions of R.S. 49:950 et seq., and through the authority granted in R.S. 37:144(C), the Board of Architectural Examiners amends LAC 46:I.1103.A and adopts LAC 46:I.1109 to provide procedures for the licensing of military-trained architects and architect spouses of military personnel. The existing rule, §1103.A, currently provides that the exclusive means for an individual registered in another state who seeks to be registered in Louisiana is the submission to the board of an NCARB (blue cover) certificate. During the 2012 Legislative Session, the legislature enacted Act 276 of 2012 (R.S. 37:3651), which provides a method for the licensing of military-trained applicants and spouses of military personnel. Act 276 of 2012 mandates that professional licensing boards adopt rules implementing its provisions, and the rules do so.

A. The exclusive means for an individual registered in another state(s) seeking to be registered in Louisiana is the submission to the board of an NCARB (blue cover) certificate, except in the cases of military-trained architect applicants or architect spouses of military personnel who satisfy the requirements of R.S. 37:3651 and in §1109 below.

B. ...

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:144.

A. A military-trained applicant who demonstrates all of the following to the satisfaction of the board and pays the fee applicable to all applicants seeking initial licensure shall be granted registration and a license to practice architecture in Louisiana:

1.a. if while in active United States military service, the applicant completed and passed a program of training in architecture conducted by a branch of the United States military, was awarded a military occupational specialty in architecture, and thereafter satisfactorily practiced architecture at a level that was substantially equivalent to or exceeded the education, examination and training requirements of R.S. 37:146 and these rules for licensure as an architect;

b. the applicant engaged in the active practice of architecture;

c. the applicant has not been disciplined by any military branch or any jurisdiction for any act that would have constituted grounds for refusal, suspension, or revocation of a license to practice architecture in this state at the time the act was committed; and

d. the applicant has not received a dishonorable discharge from the military;

2.a. to demonstrate the above requirements, the applicant shall furnish to the board:

i. official military documents describing the content and nature of the military training program in architecture and evidence of the applicant completing and passing such program;

ii. official military documents describing the military service requirements which must be met to be awarded a military occupational specialty in architecture sufficient for the board to assess the equivalence of such requirements to the licensure requirements of Louisiana;

iii. sworn statement or statements by superior officers of the applicant attesting that the applicant has satisfactorily engaged in the active practice of architecture in the military;

iv. official military or other documents demonstrating that the applicant has not been disciplined by any military branch or any jurisdiction for any act that would have constituted grounds for refusal, suspension, or revocation of a license to practice architecture in Louisiana; and

v. official military documents showing that the applicant received an honorable discharge from the military.

(a). The board may request additional information.

B. A military-trained applicant who meets the requirements set forth in Subparagraphs 1109.A.1.a-d above to the satisfaction of the board and pays the fee applicable to all applicants seeking initial licensure shall be granted registration and a license to practice architecture in this state if the applicant holds a current license in good standing to practice architecture in any other United States jurisdiction and the requirements for licensure of that jurisdiction at the time the applicant was licensed are substantially equivalent to or exceed the requirements for licensure, certification, or registration in Louisiana.

C. An applicant who is a military spouse and who demonstrates all of the following to the satisfaction of the board and pays the fee applicable to all applicants seeking initial licensure shall be granted registration and a license to practice architecture in this state:

1.a. the military spouse holds a current license in good standing to practice architecture in any other United States jurisdiction and the requirements of that jurisdiction for licensure are substantially equivalent to or exceed the requirements for licensure in the state at the time the applicant was licensed;

b. the military spouse demonstrates competence in the practice of architecture, such as having completed continuing education units or recent experience;

c. the military spouse has not been disciplined by any jurisdiction for any act that would constitute grounds for refusal, suspension or revocation of a license to practice architecture in this state at the time the act was committed; and

d. the military spouse is in good standing and has not been disciplined by the jurisdiction or agency that issued the license to the military spouse.

2. a military spouse is a person wed to an individual who has not been dishonorably discharged and who is serving on active duty in a branch of the United States military at the time the spouse applies to the board for licensure.

D. A military-trained applicant appearing to the board to meet the requirements set forth in Subsection 1109.B above and a military spouse appearing to the board to meet the requirements of Subsection 1109.C above shall be issued a temporary practice permit allowing such applicant to practice architecture pending completion of the board’s receipt and action upon all appropriate documentation supporting such application, which board action may include the granting or denial of licensure or a request for additional information concerning such application. Any such temporary practice permit shall only permit the applicant to practice architecture in Louisiana in accordance with all applicable laws and these rules, and the applicant shall be subject to all of the requirements of a fully licensed architect in connection with such practice including the requirements to pay all fees and to conform to all laws and rules, including the continuing education requirements of these rules. In processing applications for licensure under the provisions of this Section 1109, the board shall accord priority to the holders of temporary practice permits in the priority such temporary practice permits have been granted.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:144.

HISTORICAL NOTE: Promulgated by the Office of the Governor, Board of Architectural Examiners, LR 39:2737 (October 2013).
Mary “Teeny” Simmons

Executive Director

1310#005

RULE

Office of the Governor

Cemetery Board

Cemetery Industry (LAC 46:XIII.Chapters 1-25)

The Office of the Governor, Louisiana Cemetery Board, has adopted LAC 46:XIII.101 et seq., as authorized by R.S. 8:67. These rules are promulgated in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.

The Louisiana Cemetery Board was created by Acts 1974, No. 417. The majority of the rules adopted pursuant to Acts 1974, No. 417, were promulgated in 1975 and 1982. Thus, the rules did not reflect nearly 30-years-worth of legislative changes and amendments to the Louisiana Cemetery Act. These rules replace the existing rules in their entirety, but retain much of the substance of the original rules. In addition, these rules contain updates to the original rules to reflect legislative enactments and amendments since the original promulgation events in 1975 and 1982. Finally, these rules incorporate existing policies into the rules of the Louisiana Cemetery Board and correct technical and grammatical errors in the original rules.

Title 46

PROFESSIONAL AND OCCUPATIONAL STANDARDS

Part XIII. Cemetery Industry

Chapter 1. General Provisions

§101. Authority

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.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:519 (December 1975), amended by the Office of the Governor, Cemetery Board, LR 39:2739 (October 2013).

§103. Definitions

A. There is incorporated herein by reference all of the definitions set forth and contained in R.S. 49:950 et seq., and in Title 8, Louisiana Revised Statutes. The following words and terms, when used in these rules, shall have the following meanings.

Administrative Procedure Act—R.S. 49:950 et seq., as the same may from time-to-time be amended.

Board—the Louisiana Cemetery Board.

Presiding Officer—the chair of the Louisiana Cemetery Board or a member of the Louisiana Cemetery Board appointed to preside over a proceeding to be conducted by the board.

Title 8 or Louisiana Cemetery Act—the Louisiana Revised Statutes, Title 8, less and except the Louisiana Unmarked Human Burial Sites Preservation Act, as that law may from time-to-time be amended.

Wholesale Cost—the price, exclusive of any discounts or rebates, paid to a supplier, vendor, or manufacturer for merchandise or personal property.

Willful Violation—a knowing, voluntary, or intentional violation of Title 8 or the rules of the board.

AUTHORITY NOTE: Promulgated in accordance with R.S. 8:67.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:519 (December 1975), amended by the Office of the Governor, Cemetery Board, LR 39:2739 (October 2013).

Chapter 3. Organization

§301. Officers of Board

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.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:519 (December 1975), amended by the Office of the Governor, Cemetery Board, LR 39:2739 (October 2013).

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 chair or 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 secretary or 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.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:520 (December 1975), amended by the Office of the Governor, Cemetery Board, LR 39:2739 (October 2013).

§305. Committees

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.

C. Such other committees, standing or special, shall be appointed by the board or by the chair of the board, as the board or the chair shall from time to time deem necessary to carry on the work of the board. All appointments to committees, standing or special, other than the executive committee, shall be made by the chair. The chair shall be an ex officio member of all committees, and as such, he shall have the same rights as the other committee members, including the right to vote, but he shall not be counted in determining whether a quorum is present.

AUTHORITY NOTE: Promulgated in accordance with R.S. 8:67.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:520 (December 1975), amended by the Office of the Governor, Cemetery Board, LR 39:2740 (October 2013).

§307. Parliamentary Authority; Order of Business

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.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:520 (December 1975), amended by the Office of the Governor, Cemetery Board, LR 39:2740 (October 2013).

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.

AUTHORITY NOTE: Promulgated in accordance with R.S. 8:67.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:520 (December 1975), amended by the Office of the Governor, Cemetery Board, LR 39:2740 (October 2013).

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.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:520 (December 1975), amended by the Office of the Governor, Cemetery Board, LR 39:2740 (October 2013).

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 8:67, R.S. 8:68 and R.S. 8:71.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:520 (December 1975), repealed by the Office of the Governor, Cemetery Board, LR 39:2740 (October 2013).

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 8:67, R.S. 8:68 and R.S. 8:71.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:521 (December 1975), repealed by the Office of the Governor, Cemetery Board, LR 39:2740 (October 2013).

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 8:67, R.S. 69.1, R.S. 8:68 and R.S. 8:71.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:521 (December 1975), repealed by the Office of the Governor, Cemetery Board, LR 39:2740 (October 2013).

Repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 8:67 and R.S. 8:68.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:521 (December 1975), repealed by the Office of the Governor, Cemetery Board, LR 39:2740 (October 2013).

Chapter 5. Rulemaking Procedure

§501. Proceedings by the Board

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.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Louisiana Cemetery Board, LR 1:521 (December 1975), amended by the Office of the Governor, Cemetery Board, LR 39:2740 (October 2013).

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.

C. After submission of a petition under this Chapter 5, the board shall either deny the petition in writing, stating the reasons for the denial, or shall initiate rulemaking proceedings, in accordance with the Administrative Procedure Act.

AUTHORITY NOTE: Promulgated in accordance with R.S. 8:67.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Cemetery Board, LR 1:521 (December 1975), amended by the Office of the Governor, Cemetery Board, LR 39:2740 (October 2013).

Chapter 7. Certificate or License