A. ...
AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1714.
A. - A.1. …
a. Car carrier companies which transport less than five motor vehicles and do not store or hold motor vehicles shall be licensed as tow trucks upon application and
submission of an affidavit to the Department of Public Safety and Corrections stating that the company does not store or hold motor vehicles and does not carry garage keeper’s legal liability or garage liability insurance. These companies shall receive a “car carrier” endorsement on their required motor vehicle registration. This does not exclude the car carrier company from any other regulations as set by the Louisiana Towing and Storage Act.
2. - 2.b. …
c. legal business entities such as corporations, limited liability companies, partnerships, limited liability partnerships, or other such legally recognized entities, whether registered with the office of the Secretary of State or not, should use their legally registered trade name as their business name. Such legally acknowledged entities shall include in the application:
2.c.i. - 3.b. …
c. Tow truck operators or owners shall permanently affix and prominently display on both sides of tow trucks the legal trade name of their business, telephone number and city of the vehicle’s domicile in lettering at least 2 ½ inches in height and not less than ¼ inch in width. Truck and trailer combinations used to transport vehicles may choose to mark either the truck or trailer.
A.3.d. - B.3.a.i. …
ii. a tow truck has a GVWR or GCWR of 10,000 pounds or less and it shall not be used for towing vehicles for compensation; unless the year of manufacture is prior to 2007, in which case, a GVWR of 10,000 pounds shall not be cause for denial, or
B.3.a.iii. - C.1.c. …
d. the applicant or employee that operates a tow truck is found to have been convicted of a felony relating to auto theft, vehicle insurance fraud, burglary of a vehicle and/or possession of a stolen vehicle(s) or stolen vehicle parts or employs someone convicted of one of the above stated offenses.
D. - D.1.c. …
d. obtaining a tow truck license plate under false pretenses; or the applicant or employee that operates a tow truck is found to have been convicted of a felony relating to auto theft, vehicle insurance fraud, burglary of a vehicle and/or possession of stolen vehicle(s) or stolen vehicle parts or employs someone convicted of one of the above stated offenses.
D.1.e. - D.1.h. ...
AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1714.
HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of the State Police, LR 32:854 (May 2006), amended LR 39:
A. …
1. Licensed storage facilities that operate as a mechanic or repair shop and do not conduct non-consensual tows may set their own business hours provided they do not charge gate fees and give notice to the Department by noting their days and hours of operation on their storage license application or renewal form. The storage facility must be open for business at least five days a week. These hours must be clearly posted along with other required information in accordance with §1941.D of this Chapter. Storage Facilities that do not adhere to the hours of operation listed on their storage license application or renewal form shall be in violation of failing to staff their facility. Towing and/or storage facilities shall be staffed and open for business Monday thru Friday, 8 a.m. to 5 p.m., excluding state holidays.
C. …
D. Repealed.
HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of the State Police, LR 32:854 (May 2006), amended LR 39:
A. - A.5.d. ...
6. No law enforcement officer shall recommend to the vehicle owner or operator a specific tow company to conduct a tow. All tows shall be referred to the law enforcement rotation list or the authorized contractor for the law enforcement agency. When the owner or operator exercises their option to select the tow company, such selection shall be duly noted on the tow invoice or the law enforcement record of the incident.
B. …
C. - C.4. …
5. not be owned, operated by, or knowingly employ any person that operates tow trucks who has been convicted of a felony relating to auto theft, vehicle insurance fraud, burglary of a vehicle, possession of stolen vehicles or vehicle parts.
C.6. - F. …
1. Each tow truck and operator shall meet all operational requirements mandated for tow trucks in R.S. 23, 32, and 47 as well as LAC 55. All tow trucks in a business’s fleet shall also be equipped with the following:
F.1.a. - F.2.f. …
g. wear an approved ANSI Class II or III reflective vest that is in good condition and fits the operator when working on or near the roadway during crash or vehicle recovery.
F.3. - G.5.a. ...
6. Interference with commissioned officers at the scene or failure to comply with the officer’s instructions is prohibited. No tow truck owner, operator, or employee shall be required to follow a directive or order that is unsafe or beyond the operational standard or capacity of any equipment being used in cleanup or in the removing of the roadway hazard. If a tow truck owner or operator refuses to follow a directive or order because of an unsafe condition, no adverse action by a law enforcement agency shall be taken against such owner or operator including removal from any rotation list.
G.7. - H.2.a.iv.(b). …
H.2.a.v. - H.2.b.iv.(a). …
b. power winch rated not less than 20,000 pounds, dual winches must have a minimum of 150 feet wire or synthetic rope per winch with a breaking strength of 21,000 pounds and ½ inch in diameter.
H.2.b.v. - H.2.b.vi.(b) …
(c). at least 50 feet of 3/8 inch cable or synthetic rope.
H.2.b.vi.(d). - H.2.c.iv.(b). …
c. minimum of 200 feet of wire or synthetic rope per winch of at least 9/16 inch diameter and rated at breaking strength of 27,000 pounds.
H.2.c.v. - J.2. …
AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1714.
HISTORICAL NOTE: Promulgated by the Department of Public Safety and Corrections, Office of the State Police, LR 32:854 (May 2006), amended LR 36:456 (March 2010), LR 36:2580 (November 2010), amended LR 39:
2013
Pages Issue
1-230 January
231-441 February
442-932 March
933-1227 April
1228-1375 May
1376-1657 June
1658-2141 July
2142-2397 August
2398-2657 September
2658-2972 October
EO―Executive Order
PPM―Policy and Procedure Memoranda
ER―Emergency Rule
R―Rule
N―Notice of Intent
CR―Committee Report
GR―Governor's Report
L―Legislation
P―Potpourri
QU―Administrative Code Quarterly Update
ADMINISTRATIVE CODE QUARTERLY UPDATE
Cumulative
January 2012-December 2012, 219QU
January 2013-March 2013, 1209QU
January 2013-June 2013, 2129QU
January 2013-September 2013, 2954QU
AGRICULTURE AND FORESTRY
Agricultural and Environmental Sciences
Agricultural Chemistry and Seed Commission
Recodification of Part XIII, 2701R
Horticulture Commission
Landscape architect registration exam, 1366P
Seed Commission, Office of
Annual quarantine listing plant protection and quarantine, 1211N, 2648P
Labeling and testing, 351N, 1757R
Structural Pest Control Commission
Minimum specifications for bait and baiting requirements, 232ER
Minimum specifications for trench and treat termite control work, 232ER
Structural pest control, 300R
Termite controltrench and treat, 358N, 1413R
Wood destroying insect report and requests for rule changes or declaratory rulings, 233ER, 2318N
Animal Health, Board of
Animal care standards, 2320N
TB testing of Mexican cattle, 2317N
Commissioner, Office of
Fees, 1378ER, 1490N
Tuberculosis testing in cervids, 2328N
ASSESSORS’ RETIREMENT FUND
BOARD OF TRUSTEES
Assessors’ retirement fund, 2187R
Assessors’ retirement fund hearing, 1366P
CHILDREN AND FAMILY SERVICES
Formerly Department of Social Services.
Division of Programs
Economic Stability and Self-Sufficiency
Child care assistance program, 2052N, 2736R
Child care quality rating system, 2826N
Child support enforcement
Administrative suspension of licenses, 1063N, 1764R
Income assignment, 1064N, 1765R
Support enforcement services, 1491N, 2437R
Child welfare emergency assistance services program, 67R, 934ER, 1295N, 1672ER, 2191R
Drug screening, energy assistance and substance abuse treatment programs, 235ER, 525N, 1230ER, 1413R
Increasing resource limit for households with elderly and disabled members, 4ER
Recovery of overpayments and over-issuances, 1296N, 2192R
Temporary Assistance to Needy Families (TANF)
caseload reduction report, 223P
Use of TANF benefits, 444ER, 1066N, 1378ER, 2661ER
Verbal fair hearing withdrawals, 162N
Licensing Section
Crib standards, 470R
Criminal records check, 166N
Emergency preparedness and evacuation
planning, 4ER
Juvenile detention facilities fees, fines, penalties, and state central registry disclosure, 127N, 1006R, 1264R
Licensing class “A” regulations for child care centers, 2804N
Licensing class “B” regulations for child care centers, 2815N
Penalty for the operation of an unlicensed
facility, 66R
Secretary, Office of
Community and family support system flexible family fund, 5ER, 1231ER, 2401ER
Louisiana’s annual progress and services report, 920P
Risk assessment evaluation, 2517N, 2659ER
Social services block grant intended use report, 920P
CIVIL SERVICE
Ethics, Board of
Food and drink limit, 2329N
Investigation and hearing procedures, 521N, 1415R
CULTURE, RECREATION AND TOURISM
State Library, Office of
Cultural resources, 67R
State Parks, Office of
State parks, 359N, 1264R
ECONOMIC DEVELOPMENT
Business Development Services, Office of
Competitive projects tax exemption program, 131N, 1078N, 1419R
Research and devlopment tax credit program, 2827N
Entertainment Industry Development, Office of
Entertainment industry tax credit programs
Digital media and software act, 133N, 1009R
Musical and theatrical production income tax credit program, 140N
EDUCATION
Elementary and Secondary Education, Board of
Comprehensive revisions, 2537N
Technical revisions and updates, 307R
Bulletin 105―Louisiana Content Standards for
Programs Serving Four-Year Old Children, 1492N, 2437R
Bulletin 111―The Louisiana School, District and State Accountability System, 534N, 1421R, 1497N, 2441R
Alternative education, schools, programs, 472R
School Performance Score Component, 304R
Bulletin 118—Statewide Assessment Standards and Practices, 73R, 144N, 537N, 1018R, 1422R, 1500N, 2444R
Bulletin 119—Louisiana School Transportation Specifications and Procedures, 80R
Bulletin 124—Supplemental Educational Services, 1068N, 1765R
Bulletin 126—Charter Schools, 473R, 546N, 1021R, 2329N, 2519N
Application process, 81R, 1431R
Recruitment and enrollment, 148N
Bulletin 129―The Recovery School District, 1022R
Return of schools to LEA, 82R, 150N, 2524N
Bulletin 130—Regulations for the Evaluation and Assessment of School Personnel, 368N, 1272R
Bulletin 133—Scholarship Programs, 82R
Bulletin 134—Tuition Donation Rebate Program, 152N, 1023R
Bulletin 135―Health and Safety, 158N, 1029R, 1071N, 2193R, 2529N
Diabetes management and treatment, 2337N
Bulletin 136The Louisiana Standards for Early Childhood Care and Education Programs Serving Children Birth-Five Years, 1502N, 2445R
Bulletin 741—Louisiana Handbook for School Administrators, 554N, 576N, 2195R, 2338N, 2530N, 2533N, 2534N
Bullying, 476R
High schools, 168N, 1038R
Bulletin 741 (Nonpublic)―Louisiana Handbook for Nonpublic School Administrators―Programs of Study, 306R, 1298N, 1438R, 2339N
Diabetes management and treatment, 480R
Bulletin 746—Louisiana Standards for State Certification of School Personnel, 616N, 1459R
Bulletin 1179—Driver Education, Traffic Safety, and Administrative Guide for Louisiana Schools, 1539N, 2481R
Bulletin 1706—Regulations for Implementation of the Children with Exceptionalities Act, 2536N
Bulletin 1934―Starting Points Preschool Regulations, 1542N
Regents, Board of
Registration and licensure, 84R
Student Financial Assistance Commission
Student Financial Assistance, Office of
Chaffe educational and training voucher
program eligibility, 2544N
Scholarship/grant programs, 2831N
2013 legislation, 2545N
Eligibility, 2144 ER
LSMSA equivalent courses, 481R
TOPS tuition, 2403ER, 2662ER
Louisiana GO grant, 934ER, 1073N, 2234R
TOPS, 1233ER, 1672ER
Equivalent courses, 1338N, 2485R
TOPS GPA calculation, 308R
Tuition Trust Authority
Student Financial Assistance, Office of
START savings program, 2012 interest rate, 938ER, 1077N, 2238R
ENVIRONMENTAL QUALITY
Secretary, Office of the
Legal Division
2008 Ozone (O3) national ambient air quality standards (NAAQS)state implementation plan (SIP) revisions, 223P
2010 Sulfur dioxide (SO2) national ambient air quality standards (NAAQS)state implementation plan (sip) revisions, 433P
2012 Annual incorporation by reference of certain federal air quality regulations, 372N, 1276R
Air regulations, 2340N
Asbestos-containing materials in schools and state buildings, 1080N
CAFO rule update, 2342N
Carbamate treatment standards, 1544N, 2486R
Control facilities to be installed when feasible, 169N, 1278R
Control of emissions of organic compounds, fugitive emission control, 2238R
Emission standard for asbestos (demo/reno), 1099N
Incorporation by reference of 40 CFR 60, 171N, 1038R
Lead notification, 623N, 1466R
Office of environmental assessment references, 85R
ENVIRONMENTAL QUALITY (continued)
Public hearing—substantive changes to proposed rule AQ329 asbestos-containing materials in schools and state buildings, 2957P
Public hearing—substantive changes to proposed rule AQ330 emission standard for asbestos (demo/reno), 2957P
Regulated new source review (NSR) pollutant, 375N, 1279R
Regulatory permit for flaring of materials other than natural gas, 1039R
Regulatory permit for stationary internal combustion engines, 2833N
Removal of saccharin from hazardous waste list, 1551N, 2491R
Solid waste financial document update, 2836N
EXECUTIVE ORDERS
BJ 12-24 Executive BranchExpenditure Reduction, 1EO
BJ 12-25 Executive BranchSpending Freeze, 2EO
BJ 13-01 School and Campus Safety, 3EO
BJ 13-02 Carry-Forward Bond Allocation 2012, 231EO
BJ 13-03 Offender Labor, 442EO
BJ 13-04 Carry-Forward Bond Allocation—Louisiana Community Development Authority, 442EO
BJ 13-05 Establishment of the Louisiana Interagency Council on Homelessness through the Housing and Transportation Planning and Coordinating Commission, 933EO
BJ 13-06 Flags at Half Staff, 1228EO
BJ 13-07 Executive BranchDOTD Guidelines for Vehicles, Trucks and Load which Haul Hay from Louisiana to Texas, 1228EO
BJ 13-08 Regulatory Review of Permits Related to Bayou Corne Sinkhole, 1376EO
BJ 13-09 Bond AllocationLouisiana Public Facilities Authority, 1377EO
BJ 13-10 Bilingual Directional Signs on Streets and
Highways in State Highway System, 1658EO
BJ 13-11 Bond AllocationLouisiana Public Facilities Authority
BJ 13-12 Flags at Half StaffIn Memoriam of Lindy Boggs
BJ 13-13 Executive BranchEarly Childhood Advisory Council, 2398EO
BJ 13-14 Emergency Procedures for Response to Camp Minden Emergency, 2399EO
BJ 13-15 In Memoriam, 2400EO
BJ 13-16 Flags at Half Staff, 2658EO
BJ 13-17 Offender Labor, 2658EO
GOVERNOR
Administration, Division of
Facility Planning and Control
Building code, 1553N, 2493R
Capital improvement projectsbuilding code, 85R
Third-party projects, 2334N
Racing Commission
Corrupt and prohibited practices, 2851N
Disputed races, 175N, 1281R
Nonsteroidal and/or anti-inflammatory medication, 176N, 1281R
Pick Six, 1358N, 2493R
State Purchasing and Travel, Office of
General travel—PPM-49, 1659PPM
Information technology software includes software as a service, 2558N
Master agreements; clauses; approval, 309R
Pre-printed contract forms; clauses; approval, 433P, 1280R
Procurement of consulting services as related services, 309R
State Uniform Payroll, Office of
Employee payroll benefits committee, 2552N
State combined charitable campaign deduction, 2553N
Tax Commission
Ad valorem taxation, 487R
Public hearing, 224P
Architectural Examiners, Board of
Architect's seal or stamp, 483R
Architect emeritus, 1349N, 2737R
Individuals registered in other states, 1349N, 2737R
Military-trained architects and spouses, 1349N, 2737
Rules of conduct, 483R
Boxing and Wrestling Commission
Safety requirements, 2663ER
Capital Area Ground Water Conservation Commission
Pumpage fees, 486R
Cemetery Board
Cemetery industry, 1107N, 2131P, 2739R
Coastal Protection and Restoration Authority
Public hearingstate fiscal year 2014 draft annual plan, 223P
Certified Shorthand Reporters, Board of Examiners
Continuing education, 172N, 1040R
Commission on Law Enforcement and Administration of Criminal Justice
Innocence compensation fund, 173N, 1041R
Crime Victims Reparations Board
Limits on awards, 174N, 1042R
Home Inspectors, Board of
Education/training, continuing education, military trained applicants, and special investigative entity, 2846N
Interior Designers, Board of Examiners of
Use of term, 2550N
Motor Vehicle Commission
Automotive industry, 2345N
Recreational products, 498R
General provisions, 2144ER, 2404ER
Pardons, Board of
Administration and clemency, 7ER, 528N, 2252R
Mission statement, 2848N
Parole, Committee on
Membership, duties, and functions, 2258R
Parole
Conditions, 1351N, 2269R
Eligibility, 1351N, 2269R
GOVERNOR (continued)
Grievance procedure, 1351N, 2269R
Mission statement, 2849N
Time served, 1351N, 2269R
Violations, 1351N, 2269R
Real Estate Appraiser’s Board
Public hearing, substantive changes to proposed rule real estate, 1646P
Real estate
Appraisal management companies, 376N
Peer review committees and valuation services, 310R
Real Estate Commission
Buyer broker compensation; written disclosure and acknowledgment, 1554N
Tax Appeals, Board of
Filing and board operations, 1766R
HEALTH AND HOSPITALS
Addictive Disorder Regulatory Authority
Counselor-in-training, 1240N, 2275R
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