Louisiana Revised Statutes > Title 23 > Chapter 11 – Unemployment Compensation
Terms Used In Louisiana Revised Statutes > Title 23 > Chapter 11 - Unemployment Compensation
- Abused parent: means the parent who has not committed family violence. See Louisiana Revised Statutes 9:362
- Accumulated contributions: means the sum of all amounts paid by a member, excluding interest paid on the repayment of a refund, and credited to his individual account in the employee's savings account, together with regular interest credited prior to July 1969. See Louisiana Revised Statutes 11:403
- Addiction counselor: means any person who is licensed, certified, or registered in accordance with the provisions of this Chapter and procedures established by the board and who, by means of his special knowledge acquired through formal education or practical experience, is qualified to provide addiction counseling services to those individuals afflicted with or suffering from an addictive disorder or certain co-occurring disorders. See Louisiana Revised Statutes 37:3386.1
- Addictive disorder: means the repeated pathological use of substances including but not limited to alcohol, drugs, or tobacco, or repeated pathological compulsive behaviors including but not limited to gambling, which cause physical, psychological, emotional, economic, legal, social, or other harms to the individual afflicted with the addiction or to others affected by the individual's affliction. See Louisiana Revised Statutes 37:3386.1
- Administrator: means the secretary of the Louisiana Workforce Commission. See Louisiana Revised Statutes 23:1472
- Adult: means a person who has attained eighteen years of age. See Louisiana Revised Statutes 17:2351
- Adverse determination: means any of the following:
(a) A determination by a health insurance issuer or its designee utilization review organization that, based upon the information provided, a request for a benefit under the health insurance issuer's health benefit plan upon application of any utilization review technique does not meet the health insurance issuer's requirements for medical necessity, appropriateness, health care setting, level of care, or effectiveness or is determined to be experimental or investigational and the requested benefit is therefore denied, reduced, or terminated or payment is not provided or made, in whole or in part, for the benefit. See Louisiana Revised Statutes 22:2392
- advertising: means to publish, display, or disseminate promotional information and includes but is not limited to the issuance of any card, sign, or direct mail, or in any newspaper, magazine, publication, or any announcement or display via any televised, computerized, electronic, or telephone networks, magnetic signs, or media. See Louisiana Revised Statutes 37:3552
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affiliate: means any person who controls, is controlled by, or is under common control with a developer. See Louisiana Revised Statutes 9:1131.2
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Agency: means any governmental body employing persons and includes departments, agencies, boards, commissions, and courts. See Louisiana Revised Statutes 11:403
- Agent: means a person:
(a) Authorized to make health care decisions on behalf of the principal by a power of attorney for health care; or
(b) Expressly authorized to make an anatomical gift on behalf of the principal by any other record signed by the principal. See Louisiana Revised Statutes 17:2351
- Aggregating period: means :
(a) For a political committee, except a political committee which supports only one candidate, the period from January first of the calendar year through December thirty-first of the same calendar year. See Louisiana Revised Statutes 18:1483
- Agricultural labor: includes all services performed:
(a) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting of any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife;
(b) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such services are performed on a farm;
(c) In connection with the production or harvesting of any commodity defined as an agricultural commodity in Section 15(g) of the Agricultural Marketing Act, as amended (46 Stat. See Louisiana Revised Statutes 23:1472
- Allegation: something that someone says happened.
- Ambulatory review: means utilization review of health care services performed or provided in an outpatient setting. See Louisiana Revised Statutes 22:2392
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- American vessel: means any vessel, documented and numbered under the laws of the United States, including any vessel which is neither documented or numbered under the laws of the United States, nor documented under the laws of any foreign country, if its crew is employed solely by one or more citizens or residents of the United States, or corporation organized under the laws of the United States, or of any state. See Louisiana Revised Statutes 23:1472
- Amortization: Paying off a loan by regular installments.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Applicant: shall mean any person seeking to practice engineering or land surveying in the state of Louisiana, that has applied to the board for authority to practice the respective profession and render such engineering or land surveying services in the state of Louisiana, or an individual who has applied to the board for certification as an engineer intern or land surveyor intern. See Louisiana Revised Statutes 37:682
- Applicant: means any person seeking to practice geoscience in the state of Louisiana who has applied to the board for authority to practice the respective profession and render such professional geoscience services in the state of Louisiana, or an individual who has applied to the board for certification as a geoscientist in training. See Louisiana Revised Statutes 37:711.2
- Applicant: means a person who applies for licensure as a legend drug or legend device distributor. See Louisiana Revised Statutes 37:3462
- Applicant: means a person engaging or using the services of an employment service for the purpose of securing employment where such person has signed a written contract with the employment service to pay a fee for such service. See Louisiana Revised Statutes 23:101
- Appraisal: A determination of property value.
- Appraisal: means the act or process of developing an opinion of value of real property following the appraisal process defined by the Uniform Standards for Professional Appraisal Practice. See Louisiana Revised Statutes 37:3415.2
- Appraisal assignment: means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. See Louisiana Revised Statutes 37:3392
- Appraisal management company: means , in connection with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any third party that annually oversees a network panel of more than fifteen licensed appraisers in the state or twenty-five or more licensed appraisers in two or more states and is authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling or by an underwriter of, or other principal in, the secondary mortgage markets to do both of the following:
(a) Recruit, select, contract with, or otherwise retain an appraiser for the purpose of performing an appraisal and to verify any work performed by the appraiser for compliance with applicable state and federal requirements. See Louisiana Revised Statutes 37:3415.2
- Appraisal management services: means the process of receiving a request for the performance of real estate appraisal services from a client, and for a fee paid by the client, entering into an agreement with one or more independent appraisers to perform the real estate appraisal services contained in the request. See Louisiana Revised Statutes 37:3415.2
- Appraisal report: means any communication, written or oral, of an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects, including energy efficiency, of, identified real estate. See Louisiana Revised Statutes 37:3392
- Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment. See Louisiana Revised Statutes 37:3415.2
- Appraiser panel: means a group of appraisers that has been selected by an appraisal management company to perform real estate appraisal services for the appraisal management company on behalf of lenders or other clients. See Louisiana Revised Statutes 37:3415.2
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- AQB: means the Appraiser Qualifications Board of TAF created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
- Architect: means a person who is technically and legally qualified to practice architecture. See Louisiana Revised Statutes 37:141
- ASB: means the Appraisal Standards Board of TAF created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
- Assessable insureds: means insureds who procure a policy of insurance for one or more subject lines of business in this state. See Louisiana Revised Statutes 22:2292
- Assessable insurers: means insurers authorized to write one or more subject lines of business in this state. See Louisiana Revised Statutes 22:2292
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assistant secretary: means the assistant secretary of the office of workforce development. See Louisiana Revised Statutes 23:101
- Athlete: means an individual designated as such by the board, an educational institution, a professional athletic organization, or other board-approved organization who participates in an athletic activity. See Louisiana Revised Statutes 37:3302
- Athletic injury: means any injury, illness, or medical condition sustained by an athlete as a result of his participation in exercises, sports, games, or recreational activities. See Louisiana Revised Statutes 37:3302
- Athletic trainer: means an individual licensed by the board as an athletic trainer with the specific qualifications set forth in Louisiana Revised Statutes 37:3302
- Authorized emergency vehicle: means a vehicle of a fire department, a vehicle of the department's weights and standards police force, a police vehicle, a private vehicle, a privately owned vehicle belonging to members of an organized volunteer fire department or fire district when so designated or authorized by the fire chief of that fire department or fire district, an industrial-owned vehicle assigned to members of a fire department or fire district when so designated or authorized by the fire chief of that fire department or fire district, a vehicle parked or stopped by elevator repair or construction personnel while responding to an elevator emergency, such as ambulances and emergency medical response vehicles certified by the Louisiana Department of Health that are operated by certified ambulance services, and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the secretary of the Department of Transportation and Development or by the chief of police of any incorporated municipality. See Louisiana Revised Statutes 32:1
- Authorized representative: means any of the following:
(a) A person to whom a covered person has given express written consent to represent the covered person for purposes of this Chapter. See Louisiana Revised Statutes 22:2392
- Autonomous technology: means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed in high-or full-automation mode, without any supervision by a human operator, with specific driving mode performance by the automated driving system of all aspects of the dynamic driving task that can be managed by a human driver, including the ability to automatically bring the motor vehicle into a minimal-risk condition in the event of a critical vehicle or system failure, or other emergency event. See Louisiana Revised Statutes 32:1
- Axle: means the common axis of rotation of one or more wheels whether power-driven or freely rotating, and whether in one or more segments, and regardless of the number of wheels carried thereon. See Louisiana Revised Statutes 32:1
- Axle group: means an assemblage of two or more consecutive axles considered together in determining their combined load effect on a highway. See Louisiana Revised Statutes 32:1
- Balanced budget: A budget in which receipts equal outlays.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- barber college: shall include a school of barbering, college of barbering, barber school, barber college, and any other place or institution for the instruction or training of persons to engage in the practice of barbering. See Louisiana Revised Statutes 37:355
- Base period: means the first four of the last five complete calendar quarters immediately preceding the first day of an individual's benefit year. See Louisiana Revised Statutes 23:1472
- benefits: means those health care services to which a covered person is entitled under the terms of a health benefit plan. See Louisiana Revised Statutes 22:2392
- Benefits: means the money payments payable to an individual, as provided in this Chapter, with respect to his unemployment. See Louisiana Revised Statutes 23:1472
- Bequest: Property gifted by will.
- Best evidence: means evidence based on any of the following:
(a) Randomized clinical trials. See Louisiana Revised Statutes 22:2392
- Biosciences: means any of the branches of natural science dealing with the structure and behavior of living organisms, including but not limited to research, development, manufacture, testing, marketing and/or distribution of pharmaceuticals, biotechnology products, and medical devices that will eventually be used by healthcare providers to treat, cure, prevent, or mitigate disease or conditions. See Louisiana Revised Statutes 33:9039.65
- Board: means the State Board of Architectural Examiners. See Louisiana Revised Statutes 37:141
- Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 37:611
- Board: shall mean the Louisiana Professional Engineering and Land Surveying Board, provided for by this Chapter. See Louisiana Revised Statutes 37:682
- Board: means the Louisiana Board of Professional Geoscientists, provided for by this Chapter. See Louisiana Revised Statutes 37:711.2
- Board: means the Louisiana Board of Veterinary Medicine. See Louisiana Revised Statutes 37:1513
- Board: means the Louisiana Board of Veterinary Medicine. See Louisiana Revised Statutes 37:1542
- Board: means the Louisiana Board of Veterinary Medicine. See Louisiana Revised Statutes 37:1552
- Board: means the Louisiana Board of Veterinary Medicine. See Louisiana Revised Statutes 37:1561
- Board: means the Louisiana State Board of Examiners for Sanitarians. See Louisiana Revised Statutes 37:2101
- Board: shall mean the Louisiana Board for Hearing Aid Dealers. See Louisiana Revised Statutes 37:2442
- Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 37:3302
- Board: means the Louisiana State Board of Medical Examiners established in Louisiana Revised Statutes 37:3353
- Board: means the governing body of the Addictive Disorder Regulatory Authority. See Louisiana Revised Statutes 37:3386.1
- Board: means the Louisiana Real Estate Appraisers Board established pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 37:3392
- Board: means the Louisiana Real Estate Appraisers Board. See Louisiana Revised Statutes 37:3415.2
- Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 37:3422
- Board: means the Louisiana Licensed Professional Vocational Rehabilitation Counselors Board of Examiners. See Louisiana Revised Statutes 37:3443
- Board: means the Louisiana Board of Drug and Device Distributors. See Louisiana Revised Statutes 37:3462
- Board: means the Louisiana Board of Massage Therapy. See Louisiana Revised Statutes 37:3552
- Board: means the board of commissioners of the French Quarter Management District. See Louisiana Revised Statutes 25:798
- Board: means the Board of Trustees of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
- board of supervisors: means the governing board of the district or, if such board has been abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this Chapter have been given by law. See Louisiana Revised Statutes 33:9039.13
- Board-approved organization: means one of the following:
(a) Approved organization, including but not limited to the Amateur Athletic Union, the International Olympic Committee and its affiliates, the Pan American Sports Organization, the National Collegiate Athletic Association, the National Association of Intercollegiate Athletics, college and university intramural sports, and sports events of the National Federation of State High School Associations. See Louisiana Revised Statutes 37:3302
- BOC: means the Board of Certification, Inc. See Louisiana Revised Statutes 37:3302
- Bond: includes "certificate" and the provisions which are applicable to bonds are equally applicable to certificates. See Louisiana Revised Statutes 33:9039.13
- Bond: means the bonds, notes, renewal notes, refunding bonds, interim certificates, certificates of indebtedness, certificates of participation, debentures, warrants, commercial paper, capital leases, revenue bonds, or other obligations or evidences of indebtedness authorized to be issued by the district. See Louisiana Revised Statutes 33:9039.65
- Bureau: means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections. See Louisiana Revised Statutes 37:3462
- Business day: means a day of normal business operation other than federally recognized holidays. See Louisiana Revised Statutes 22:2392
- CAATE: means the Commission on Accreditation of Athletic Training Education or its successor. See Louisiana Revised Statutes 37:3302
- CAET: means a person who is instructed in a board-approved program in the proper methods of humanely euthanizing animals by injecting legal drugs in accordance with rules adopted by the board, in proper security precautions, in proper recordkeeping, and related skills, and who has been issued a certificate of approval by the board. See Louisiana Revised Statutes 37:1552
- Calendar quarter: means the period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31, or the equivalent thereof as the administrator may by regulations prescribe. See Louisiana Revised Statutes 23:1472
- Candidate: means a person who seeks nomination or election to public office, except the office of president or vice president of the United States, presidential elector, delegate to a political party convention, United States senator, United States congressman, or political party office. See Louisiana Revised Statutes 18:1483
- Candidate: means a person engaging or using the services of an employment service for the purposes of securing employment where such person has not signed a written contract with the employment service to pay a fee for such services. See Louisiana Revised Statutes 23:101
- Cargo: means the items or freight to be moved, including items placed on or in a vehicle, towed by a vehicle, or a vehicle itself. See Louisiana Revised Statutes 32:1
- Case management: means a coordinated set of activities conducted for individual patient management of serious, complicated, protracted, or other health conditions. See Louisiana Revised Statutes 22:2392
- Case-series: means an evaluation of a series of patients with a particular outcome, without the use of a control group. See Louisiana Revised Statutes 22:2392
- Cash balance: means the actual cash balance in the Louisiana State Treasury account and at the Louisiana Workforce Commission at the close of business on September thirtieth. See Louisiana Revised Statutes 23:1553
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- certificate holder: shall mean the recognition granted by the board and its issuance of acertificate to any individual seeking such recognition as an engineer intern or land surveyor intern, who has been successfully examined and is otherwise in good standing with the board. See Louisiana Revised Statutes 37:682
- Certificate of approval: means a certificate issued by the Louisiana Board of Veterinary Medicine to a registered veterinary technician. See Louisiana Revised Statutes 37:1542
- Certificate of approval: means a certificate issued by the Louisiana Board of Veterinary Medicine to a certified animal euthanasia technician. See Louisiana Revised Statutes 37:1552
- Certificate of approval: means a certificate issued by the Louisiana Board of Veterinary Medicine to a registered equine dentist. See Louisiana Revised Statutes 37:1561
- Certified clinical supervisor: means any person holding the necessary credential of licensed, certified, or registered addiction counselor or any person who holds a specialty substance abuse credential in another professional discipline in a human services field at the master's level or higher; and who has satisfied the requirements established by the board to provide clinical supervision. See Louisiana Revised Statutes 37:3386.1
- Certified general appraiser: means any person licensed by the board to appraise all types of real estate regardless of complexity or transaction value. See Louisiana Revised Statutes 37:3392
- certified residential appraiser: includes but is not limited to the authority to appraise vacant or unimproved land utilized for the purposes of one to four family residential units or for which the highest and best use is for one to four family residential units; however, such authority shall not include the authority to appraise any subdivision for which a development analysis or development appraisal is necessary. See Louisiana Revised Statutes 37:3392
- Chairman: means the principal executive officer of a political committee regardless of his title. See Louisiana Revised Statutes 18:1483
- Chambers: A judge's office.
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- City: means the city of New Orleans. See Louisiana Revised Statutes 25:798
- Client: means the individual, couple, family, group, organization, or community that seeks or receives addiction counseling services from the addiction professional or an addiction facility until discharged. See Louisiana Revised Statutes 37:3386.1
- Client: means any person or entity that contracts with or otherwise enters into an agreement for the performance of residential real estate appraisal services. See Louisiana Revised Statutes 37:3415.2
- Client: means an employer who obtains services on all or a majority of its work force or labor from a professional employer organization. See Louisiana Revised Statutes 23:1761
- Clinical exercise physiologist: means a person who, under the direction, approval, and supervision of a licensed physician, formulates, develops, and implements exercise protocols and programs, administers graded exercise tests, and provides education regarding such exercise programs and tests in a cardio pulmonary rehabilitation program to individuals with deficiencies of the cardiovascular system, diabetes, lipid disorders, hypertension, cancer, chronic obstructive pulmonary disease, arthritis, renal disease, organ transplant, peripheral vascular disease, and obesity. See Louisiana Revised Statutes 37:3422
- Clinical supervision: means the interpersonal tutorial relationship between a certified clinical supervisor and other licensed, certified, or registered addiction counseling professionals centered on the goals of skill development and professional growth through learning and practicing. See Louisiana Revised Statutes 37:3386.1
- Co-employment relationship: means an employment relationship whereby both the client and the PEO have an employer/employee relationship with the covered employee and the direction and control of the covered employee is shared by or allocated between the client and the PEO pursuant to a PEO service agreement. See Louisiana Revised Statutes 23:1761
- Coastal Plan: means the successor to that program established by Act 35 of the 1970 Regular Session to provide a residual market for adequate insurance on property in the coastal areas of the state, now available as a program of the Louisiana Citizens Property Insurance Corporation. See Louisiana Revised Statutes 22:2292
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Combination of vehicles: means every group of two or more vehicles howsoever joined together which are drawn or propelled by a single motor vehicle. See Louisiana Revised Statutes 32:1
- Commission: means the Louisiana Real Estate Commission. See Louisiana Revised Statutes 37:3392
- Commission: means the Louisiana Workforce Commission. See Louisiana Revised Statutes 23:1
- commissioner: as used in this Chapter , means the commissioner of the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 37:2202
- Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:2392
- Commissioner: means the secretary of the Department of Public Safety and Corrections. See Louisiana Revised Statutes 32:1
- committee: means two or more persons, other than a husband and wife, and any legal entity organized for the primary purpose of supporting or opposing one or more candidates, propositions, recalls of a public officer, or political parties, which accepts contributions in the name of the committee, or makes expenditures from committee funds or in the name of the committee, or makes a transfer of funds to or receives a transfer of funds from another committee, or receives or makes loans in an aggregate amount in excess of five hundred dollars within any calendar year. See Louisiana Revised Statutes 18:1483
- Common elements: means all portions of timeshare property other than units. See Louisiana Revised Statutes 9:1131.2
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Community action agency: means a public agency or private nonprofit corporation having authority under its charter or bylaws, or both, to administer community action programs, which has been designated as a community action agency by the parish governing authority. See Louisiana Revised Statutes 23:62
- Community action program: means a community based and operated program which provides services, assistance, and other activities of sufficient scope and size to give promise of progress toward the elimination of poverty in a community. See Louisiana Revised Statutes 23:62
- Company: means any foreign domiciled or based entity, real or juridical, which is not a subsidiary of nor owned in whole or in part by any domestic company, and which is engaged in an enterprise for financial gain. See Louisiana Revised Statutes 11:312
- Completion of construction: means :
(a)(i) That a certificate of occupancy has been issued for the entire building in which the timeshare interest being sold is located, or for the improvement, or that the equivalent authorization has been issued, by the governmental body having jurisdiction; or
(ii) In a jurisdiction in which no certificate of occupancy or equivalent authorization is issued, that the construction, finishing, and equipping of the building or improvements according to the plans and specifications have been substantially completed; and
(b) That all accommodations of the timeshare unit and facilities of the timeshare plan are available for use in a manner identical in all material respects to the manner portrayed by the promotional material, advertising, and public offering statements filed with the Louisiana Real Estate Commission. See Louisiana Revised Statutes 9:1131.2
- Compulsive gambling counselor: means any person holding a necessary credential as a licensed, certified, or registered addiction counselor, or a necessary credential as a qualified mental health professional, who is certified by the board, in accordance with the provisions of this Chapter, as possessing special knowledge acquired through formal education and clinical experience and thus is qualified to provide gambling addiction counseling to persons who have a gambling addiction disorder or who exhibit gambling addictive behaviors. See Louisiana Revised Statutes 37:3386.1
- Concurrent review: means utilization review conducted during a patient's stay or course of treatment in a facility, the office of a health care professional, or other inpatient or outpatient health care setting. See Louisiana Revised Statutes 22:2392
- Conspicuous type: means type in boldfaced capital letters no smaller than the largest type, exclusive of headings, on the page on which it appears and, in all cases, at least 10-point type. See Louisiana Revised Statutes 9:1131.2
- Construction or development project: means a program of construction or development, either new or continuing, that will be planned and implemented with the primary goal of improving ports and harbors in the state. See Louisiana Revised Statutes 34:3451
- Contract: includes any agreement conferring the rights and obligations of a timeshare ownership on the purchaser. See Louisiana Revised Statutes 9:1131.2
- Contractual obligations: means the open contract balance at the close of business on September thirtieth. See Louisiana Revised Statutes 23:1553
- Contractual relationship: includes but is not limited to land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless the real property on which the facility concerned is located was acquired by the defendant after the disposal or placement of the hazardous substance on, in, or at the facility, and one or more of the circumstances described in Item (i), (ii), or (iii) is also established by the defendant by a preponderance of the evidence:
(i) At the time the defendant acquired the facility, the defendant did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in, or at the facility. See Louisiana Revised Statutes 30:2272
- Contribution: except as otherwise provided in this Chapter, means a gift, conveyance, payment, or deposit of money or anything of value, or the forgiveness of a loan or of a debt, made for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, for the purpose of supporting or opposing a proposition or question submitted to the voters, or for the purpose of supporting or opposing the recall of a public officer, whether made before or after the election. See Louisiana Revised Statutes 18:1483
- Contributions: means the money payments to the state unemployment compensation fund, required by this Chapter. See Louisiana Revised Statutes 23:1472
- Controlling person: means any of the following:
(a) An owner, officer, or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state. See Louisiana Revised Statutes 37:3415.2
- Core functions: means the screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, client education, referral, reports, and record-keeping activities associated with counseling and consultation with other credentialed professionals. See Louisiana Revised Statutes 37:3386.1
- Corporate group: means any group of corporations which are one hundred percent subsidiaries of another corporation or of other corporations which are one hundred percent subsidiaries of another corporation where the corporations are engaged in essentially the same kind of business and the employees are paid from a single account maintained by the parent corporation. See Louisiana Revised Statutes 23:1472
- Corporation: means the Louisiana Citizens Property Insurance Corporation, and includes the residual market insurance programs known as the "Coastal Plan" and the "FAIR Plan". See Louisiana Revised Statutes 22:2292
- Cost: when used with reference to any project, includes but is not limited to:
(a) The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction. See Louisiana Revised Statutes 33:9039.13
- Counselor-in-training: means any person who has not yet met the qualification to become a licensed, certified, or registered counselor, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board. See Louisiana Revised Statutes 37:3386.1
- Court: means any district court, juvenile court, or family court having jurisdiction over the parents and/or child at issue. See Louisiana Revised Statutes 9:362
- Covered employee: means a person having a co-employment relationship with both a PEO and the PEO's client pursuant to an executed PEO service agreement. See Louisiana Revised Statutes 23:1761
- Covered person: means a policyholder, subscriber, enrollee, or other individual participating in a health benefit plan. See Louisiana Revised Statutes 22:2392
- Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
- Creditable service: means prior service plus membership service for which credit is allowable as provided in this Chapter. See Louisiana Revised Statutes 11:403
- crew leader: means an individual who:
(i) Furnished individuals to perform services in agricultural labor for any other person;
(ii) Pays, either on his own behalf or on behalf of such other person, the individuals so furnished by him for the services in agricultural labor performed by them; and
(iii) Has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person. See Louisiana Revised Statutes 23:1472
- Criminal history record information: means information collected by state and federal criminal justice agencies on persons consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, criminal correctional supervision, and release, but does not include intelligence for investigatory purposes, nor does it include any identification information which does not indicate involvement of the person in the criminal justice system. See Louisiana Revised Statutes 37:3462
- Cross examine: Questioning of a witness by the attorney for the other side.
- Custodial environment: means a setting created by a court system in which a person has been deprived of freedom of action in any significant way. See Louisiana Revised Statutes 37:3386.1
- Decedent: A deceased person.
- Decedent: means a deceased person whose body or part is or may be the source of an anatomical gift. See Louisiana Revised Statutes 17:2351
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the Department of Transportation and Development. See Louisiana Revised Statutes 34:3451
- Department: means the Department of Transportation and Development. See Louisiana Revised Statutes 34:3471
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 37:3552
- Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
- Department: means the Department of Transportation and Development. See Louisiana Revised Statutes 32:1
- Dependent: A person dependent for support upon another.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Designated responsible party: means a natural person designated by the applicant or licensee as responsible for facility operations of the applicant or licensee facility. See Louisiana Revised Statutes 37:3462
- Developer: means the person, or any successor or assignee of such person, who creates the timeshare plan or who is in the business of making sales of timeshare interests which it owns or purports to own. See Louisiana Revised Statutes 9:1131.2
- Devise: To gift property by will.
- Direct supervision: means instruction and directions requiring the physical presence of a licensed veterinarian on the premises. See Louisiana Revised Statutes 37:1542
- Discharge: means discharge as defined in Louisiana Revised Statutes 30:2272
- Discharge planning: means the formal process for determining, prior to discharge from a facility, the coordination and management of the care that a patient receives following discharge from a facility. See Louisiana Revised Statutes 22:2392
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the person who makes, amends, revokes, or refuses to make an anatomical gift, or an adult who exhibited special care and concern for the person. See Louisiana Revised Statutes 17:2351
- Disposal: means disposal as defined in Louisiana Revised Statutes 30:2272
- Distribution: means the sale or facilitation of delivery of legend drugs or legend devices to a person other than the consumer or patient, including but not limited to distribution by manufacturers, repackagers, own-label distributors, jobbers, third-party logistics providers, retail pharmacy warehouses, pharmacies, brokers, agents, and wholesale distributors. See Louisiana Revised Statutes 37:3462
- Distributor: means any person engaged in distribution, including but not limited to manufacturers, repackagers, own-label distributors, jobbers, third-party logistics providers, retail pharmacy warehouses, pharmacies, brokers, agents, and wholesale distributors. See Louisiana Revised Statutes 37:3462
- district: means a special district as provided in Louisiana Revised Statutes 33:9039.13
- District: means the BioDistrict New Orleans as further defined in Louisiana Revised Statutes 33:9039.65
- District: means the French Quarter Management District. See Louisiana Revised Statutes 25:798
- District manager: means the manager of the district. See Louisiana Revised Statutes 33:9039.13
- District office: means the following offices but shall not include any major office:
(a) The office of a member of the Louisiana Legislature. See Louisiana Revised Statutes 18:1483
- District roads: means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges, and thoroughfares of all kinds and descriptions. See Louisiana Revised Statutes 33:9039.13
- Divided highway: means any highway divided into roadways by a median, physical barrier, or clearly indicated dividing section so constructed as to impede vehicular traffic. See Louisiana Revised Statutes 32:1
- Docket: A log containing brief entries of court proceedings.
- Document of gift: means a donor card or other record used to make an anatomical gift. See Louisiana Revised Statutes 17:2351
- Donor: means a person whose body or part is the subject of an anatomical gift. See Louisiana Revised Statutes 17:2351
- Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations thereof. See Louisiana Revised Statutes 17:2351
- Driver: means every person who drives or is in actual physical control of a vehicle. See Louisiana Revised Statutes 32:1
- Educational institution: means a university, college, junior college, high school, junior high school, or grammar school, whether public or private. See Louisiana Revised Statutes 37:3302
- Election: means any primary, general, or special election held, pursuant to the laws of this state or a parish or municipal charter or ordinance or a court order, to choose a public officer or nominee. See Louisiana Revised Statutes 18:1483
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Emergency management: means the immediate care given to an injured athlete under the general supervision of the team or consulting physician. See Louisiana Revised Statutes 37:3302
- Emergency medical condition: means a medical condition manifesting itself by symptoms of sufficient severity, including severe pain, such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect that the absence of immediate medical attention would result in serious impairment to bodily functions, serious dysfunction of a bodily organ or part, or would place the person's health or, with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy. See Louisiana Revised Statutes 22:2392
- Employee: means any person legally occupying a position in the state service. See Louisiana Revised Statutes 11:403
- Employer: means :
(a) Any employing unit which in any calendar quarter in either the current or preceding calendar year paid for services in employment wages of one thousand five hundred dollars or more for some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one individual regardless of whether the same individual was in employment each day. See Louisiana Revised Statutes 23:1472
- Employer: means a person employing or seeking to employ an employee. See Louisiana Revised Statutes 23:101
- Employer: means the state of Louisiana or any of its boards, commissions, departments, agencies, and courts which are contributing members of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
- Employing unit: means any individual or type of organization, including the state of Louisiana or subdivisions, or instrumentality thereof or of any other state or of the United States except as excluded by any other provision of this Chapter, and any partnership, association, trust, estate, joint-stock company, nontrading corporation, insurance company, corporation, or corporate group, whether domestic or foreign, or the receiver, liquidator, trustee in bankruptcy, trustee, or successor thereof, or the legal representative of a deceased person, which has in its employ one or more individuals performing services for it within this state. See Louisiana Revised Statutes 23:1472
- Employment: means , subject to the other provisions of this Subsection, any services including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied;
- Employment office: means a free public employment office or branch office thereof, operated by this state or maintained as a part of a state controlled system of public employment offices. See Louisiana Revised Statutes 23:1472
- Employment security administration fund: means the employment security administration fund established by this Chapter, from which administrative expenses under this Chapter shall be paid. See Louisiana Revised Statutes 23:1472
- Employment service: means a person who for a fee:
(a) Offers or attempts to procure, directly or indirectly, employment for an applicant or candidate. See Louisiana Revised Statutes 23:101
- Engineer intern: shall mean an individual who has complied with the requirements for education, experience, and character and has passed an examination in the fundamental engineering subjects, as provided in this Chapter, and has been issued a certificate by the board. See Louisiana Revised Statutes 37:682
- Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- entity: means an individual, a corporation, a partnership, an association, a joint venture, a joint stock company, a trust, an unincorporated organization, any similar entity, or any combination of the foregoing. See Louisiana Revised Statutes 22:2392
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Essential property insurance: means any of the following coverages against direct loss to property as defined by the plan of operation approved by the commissioner of insurance:
(a) Fire, with or without extended coverage and vandalism and malicious mischief. See Louisiana Revised Statutes 22:2292
- Exchange company: means the person operating a program providing any opportunity or procedure for the assignment or exchange of timeshare interests among owners and purchasers in the same or other timeshare plans. See Louisiana Revised Statutes 9:1131.2
- Executor: A male person named in a will to carry out the decedent
- Exercise protocols and programs: means the intensity, duration, frequency, and mode of activity to improve the cardiovascular system. See Louisiana Revised Statutes 37:3422
- Expenditure: means a purchase, payment, advance, deposit, or gift, of money or anything of value made for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, for the purpose of supporting or opposing a proposition or question submitted to the voters, or for the purpose of supporting or opposing the recall of a public officer, whether made before or after the election. See Louisiana Revised Statutes 18:1483
- Expert opinion: means a belief or an interpretation by specialists with experience in a specific area about the scientific evidence pertaining to a particular service, intervention, or therapy. See Louisiana Revised Statutes 22:2392
- Explosives: means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. See Louisiana Revised Statutes 32:1
- Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Louisiana Revised Statutes 17:2351
- Facility: means an institution providing health care services or a health care setting, including but not limited to hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, rehabilitation and other therapeutic health settings, and inpatient hospice facilities. See Louisiana Revised Statutes 22:2392
- Facility: means facility as defined in Louisiana Revised Statutes 30:2272
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- FAIR Plan: means the successor to that program established by Act 424 of the 1992 Regular Session, and designated as the "Fair Access to Insurance Requirements Plan" to provide a residual market for adequate insurance on property in the state, now available as a program of the Louisiana Citizens Property Insurance Corporation. See Louisiana Revised Statutes 22:2292
- Family violence: includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injuring and defamation, committed by one parent against the other parent or against any of the children. See Louisiana Revised Statutes 9:362
- farm: includes stock, dairy, poultry, fruit, fur-bearing animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities and orchards;
(3) "American vessel" means any vessel, documented and numbered under the laws of the United States, including any vessel which is neither documented or numbered under the laws of the United States, nor documented under the laws of any foreign country, if its crew is employed solely by one or more citizens or residents of the United States, or corporation organized under the laws of the United States, or of any state. See Louisiana Revised Statutes 23:1472
- Farm tractor: means every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry. See Louisiana Revised Statutes 32:1
- FBI: means the Federal Bureau of Investigation of the United States Department of Justice. See Louisiana Revised Statutes 37:3462
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Federal financial institutions regulatory agency: means :
(a) The Board of Governors of the Federal Reserve System. See Louisiana Revised Statutes 37:3392
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Fee: means anything of value, including money or other valuable consideration, received or to be received directly or indirectly by an employment service in payment for its service. See Louisiana Revised Statutes 23:101
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiduciary: A trustee, executor, or administrator.
- Final adverse determination: means an adverse determination, including medical judgment, involving a covered benefit that has been upheld by a health insurance issuer, or its designee utilization review organization, at the completion of the health insurance issuer's internal claims and appeals process procedures provided pursuant to Louisiana Revised Statutes 22:2392
- Firm: shall mean any domestic or foreign firm, partnership, association, cooperative, venture, corporation, limited liability company, limited liability partnership, or any other entity. See Louisiana Revised Statutes 37:682
- FIRREA: means the Financial Institution Reform, Recovery and Enforcement Act of 1989, as enacted under federal law, and specifically includes but is not limited to Title XI, requiring real estate appraisals used in connection with federally related transactions to comply with uniform standards and to be prepared by credentialed real property appraisers. See Louisiana Revised Statutes 37:3392
- Fiscal year: means the period beginning July first of any year and ending June thirtieth of the next succeeding year. See Louisiana Revised Statutes 11:403
- Flammable liquid: means any liquid which has a flash point of seventy degrees F. See Louisiana Revised Statutes 32:1
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fund: means the unemployment compensation fund established by this Chapter, to which all contributions required and from which all benefits provided under this Chapter shall be paid. See Louisiana Revised Statutes 23:1472
- General supervision: means the service is furnished under a physician's overall direction and control, but the physician's presence shall not be required during the provision of service. See Louisiana Revised Statutes 37:3302
- Geoscience: means the science of the earth and its origin and history, the investigation of the earth's environment and its constituent soils, rocks, minerals, solids, and fluids, and the study of the natural and introduced agents, forces, and processes that cause changes in and on the earth. See Louisiana Revised Statutes 37:711.2
- Geoscientist: means a person qualified to engage in the practice of geoscience because of the person's knowledge, acquired through education and practical experience, of geoscience, mathematics, and the supporting physical, chemical, mineralogical, morphological, and life sciences. See Louisiana Revised Statutes 37:711.2
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- gift: means a donation of all or part of a human body to take effect after the death of the donor for the purpose of transplantation, therapy, research, or education. See Louisiana Revised Statutes 17:2351
- Governing board: means that board of directors which is established under Louisiana Revised Statutes 22:2292
- Governmental entity: means the state or any political subdivision and the federal government as a cost share partner. See Louisiana Revised Statutes 34:3471
- Gross weight: means the weight of a vehicle and/or combination of vehicles without load on all axles including the steering axle plus the weight of any load thereon. See Louisiana Revised Statutes 32:1
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of a person. See Louisiana Revised Statutes 17:2351
- Hazardous substance: means any gaseous, liquid, or solid material which because of its quantity, concentration, or physical, chemical, or biological composition when released into the environment poses a substantial present or potential hazard to human health, the environment, or property, and which material is identified or designated as being hazardous by rules and regulations adopted and promulgated by the secretaries of the Department of Environmental Quality or of the Department of Public Safety and Corrections, regardless of whether it is intended for use, reuse, or is to be discarded. See Louisiana Revised Statutes 30:2272
- Hazardous waste: means hazardous waste as defined in Louisiana Revised Statutes 30:2272
- Health benefit plan: means a policy, contract, certificate, or agreement entered into, offered, or issued by a health insurance issuer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services. See Louisiana Revised Statutes 22:2392
- Health care professional: means a physician or other health care practitioner licensed, accredited, registered, or certified to perform specified health care services consistent with state law. See Louisiana Revised Statutes 22:2392
- Health care services: means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease. See Louisiana Revised Statutes 22:2392
- Health information: means information or data, whether oral or recorded in any form or medium, and personal facts or information about events or relationships that relate to any of the following:
(a) The past, present, or future physical, mental, or behavioral health or condition of an individual or a member of the individual's family. See Louisiana Revised Statutes 22:2392
- Health insurance issuer: means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including through a health benefit plan as defined in this Section, and shall include a sickness and accident insurance company, a health maintenance organization, a preferred provider organization or any similar entity, or any other entity providing a plan of health insurance or health benefits. See Louisiana Revised Statutes 22:2392
- Hearing aid: means any wearable instrument or device designed for or represented as aiding or compensating for defective human hearing and any parts, attachments, or accessories of such an instrument or device. See Louisiana Revised Statutes 37:2442
- Height: means the total vertical dimension of any vehicle above the ground surface including any load and load-holding devices thereon. See Louisiana Revised Statutes 32:1
- Highway: means the entire width between the boundary lines of every way or place of whatever nature publicly maintained and open to the use of the public for the purpose of vehicular travel, including bridges, causeways, tunnels and ferries; synonymous with the word "street". See Louisiana Revised Statutes 32:1
- Hospital: means an institution which has been licensed by the Louisiana Department of Health as a hospital. See Louisiana Revised Statutes 23:1472
- Hospital: means a facility licensed as a hospital under the laws of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Louisiana Revised Statutes 17:2351
- Identification card: means a card issued by the Louisiana Department of Public Safety and Corrections, office of motor vehicles. See Louisiana Revised Statutes 17:2351
- In good standing: means the status of a licensee who has complied with all explicit license obligations thereby having unabated authority to conduct license activities. See Louisiana Revised Statutes 37:3392
- Inactive status: means the status in which a licensed massage therapist has, pursuant to the provisions of this Chapter, notified the board of intent to voluntarily cease activity as a massage therapist for a period of time not to exceed five years. See Louisiana Revised Statutes 37:3552
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Independent contractor: means a person who, for the purposes of the Employment Security Law, satisfies the exception provided in Louisiana Revised Statutes 23:1761
- Independent review organization: means an entity that conducts independent external reviews of adverse determinations and final adverse determinations. See Louisiana Revised Statutes 22:2392
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Injunction: means a temporary restraining order or a preliminary or a permanent court ordered injunction, as defined in the Code of Civil Procedure, which prohibits the violent parent from in any way contacting the abused parent or the children except for specific purposes set forth in the injunction, which shall be limited to communications expressly dealing with the education, health, and welfare of the children, or for any other purpose expressly agreed to by the abused parent. See Louisiana Revised Statutes 9:362
- Insurable property: means real and tangible personal property at a fixed location in Louisiana when such property is in an insurable condition and basic property insurance is not obtainable in the voluntary market and as further defined by the governing board. See Louisiana Revised Statutes 22:2292
- Insured work: means employment for employers. See Louisiana Revised Statutes 23:1472
- Intentional criminal violation: means conduct which establishes that a violator was in the state of mind which exists when the circumstances indicated that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. See Louisiana Revised Statutes 18:1483
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Intersection: means : The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. See Louisiana Revised Statutes 32:1
- Interstate highway: means a fully controlled access highway which is a part of the National System of Interstate and Defense Highways. See Louisiana Revised Statutes 32:1
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Joint committee: means the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works, functioning as a joint legislative committee. See Louisiana Revised Statutes 34:3451
- Joint committee: means the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works, functioning as a joint legislative committee. See Louisiana Revised Statutes 34:3471
- Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- Know: means to have actual knowledge. See Louisiana Revised Statutes 17:2351
- KSA: means the knowledge, skills, and attitudes designated by the board as being necessary for effective addiction counseling and required by the board to be utilized by addictive disorders counselors in providing addiction counseling services. See Louisiana Revised Statutes 37:3386.1
- Land surveyor intern: shall mean an individual who has complied with the requirements for education, experience, and character and has passed an examination in the fundamental surveying subjects, as provided in this Chapter, and has been issued a certificate by the board. See Louisiana Revised Statutes 37:682
- Landowner: means the owner of immovable property as it appears in the official records of the parish, including a trustee, a private corporation, and an owner of a condominium unit. See Louisiana Revised Statutes 33:9039.13
- Legacy: A gift of property made by will.
- Legend device: means any device intended for use by humans that carries on its label "Rx" "Rx only" a designation for physician use only, or a statement that federal law restricts the device to sale by or on the order of a licensed health care practitioner. See Louisiana Revised Statutes 37:3462
- Legend drug: means any drug intended for use by humans that carries on its label any of the following: "Caution: Federal law prohibits dispensing without a prescription" "Rx" or "Rx Only". See Louisiana Revised Statutes 37:3462
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Length: means the total longitudinal dimension of a single vehicle, a trailer, or a semi-trailer. See Louisiana Revised Statutes 32:1
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- License: includes a temporary license and a certificate of endorsement. See Louisiana Revised Statutes 37:2442
- Licensed mental health professional: as used in this Chapter means a person who possesses at least a master's degree and who is licensed in counseling, social work, psychology, marriage and family counseling, or exempt from licensing requirements pursuant to Louisiana Revised Statutes 9:331
- Licensed physician: means a person who is licensed by the Louisiana State Board of Medical Examiners to practice medicine in the state. See Louisiana Revised Statutes 37:3422
- Licensed professional vocational rehabilitation counselor: means any person who holds himself out to the public, for a fee or other personal gain, by any title or description of services incorporating the words "licensed professional vocational rehabilitation counselor" or any similar term, and who offers to render professional rehabilitation counseling services denoting a client-counselor relationship in which the counselor assumes responsibility for knowledge, skill, and ethical considerations needed to assist individuals, groups, organizations, or the general public, and who implies that he is licensed to engage in the practice of rehabilitation counseling pursuant to this Chapter. See Louisiana Revised Statutes 37:3443
- Licensed residential appraiser: means any person licensed by the board whose authority to appraise real property is limited to the appraisal of noncomplex one to four residential units having a transaction value of less than one million dollars and of complex one to four residential units having a transaction value of less than four hundred thousand dollars in accordance with the Real Property Appraiser Qualification Criteria. See Louisiana Revised Statutes 37:3392
- Licensed veterinarian: means a person who is validly and currently licensed to practice veterinary medicine in this state. See Louisiana Revised Statutes 37:1513
- Licensee: shall mean any person practicing or seeking to practice engineering or land surveying in the state of Louisiana that has received a license from the board and is otherwise in good standing with the board. See Louisiana Revised Statutes 37:682
- Licensee: means any person who has been issued a license by the board to participate in any appraisal activity described in this Chapter. See Louisiana Revised Statutes 37:3392
- Licensee: means any person or business that has a professional or establishment license issued by the board. See Louisiana Revised Statutes 37:3552
- Licensee: means an individual who has been issued a license by the Louisiana Workforce Commission to operate a private employment service in this state. See Louisiana Revised Statutes 23:101
- licensure: shall mean the recognition granted by the board and its issuance of a license to any person to practice engineering or land surveying in the state of Louisiana. See Louisiana Revised Statutes 37:682
- licensure: means the recognition granted by the board and its issuance of a license to any person to practice geoscience in the state of Louisiana. See Louisiana Revised Statutes 37:711.2
- Licensure: means any license, permit, or registration that the board is authorized by law to issue. See Louisiana Revised Statutes 37:3462
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Load: means a weight or quantity of anything resting upon something else regarded as its support. See Louisiana Revised Statutes 32:1
- Loan: means a transfer of money, property, or anything of value in exchange for an obligation to repay in whole or in part, made for the purpose of supporting, opposing, or otherwise influencing the nomination for election, or election, of any person to public office, for the purpose of supporting or opposing a proposition or question submitted to the voters, or for the purpose of supporting or opposing the recall of a public officer, whether made before or after the election. See Louisiana Revised Statutes 18:1483
- Low income: means a household income level established by the Louisiana Workforce Commission, after public hearings, below which an individual will be qualified for services delivered through a community action program. See Louisiana Revised Statutes 23:62
- Major office: means the following offices: governor, lieutenant governor, secretary of state, attorney general, state treasurer, commissioner of agriculture, commissioner of insurance, the superintendent of education, public service commissioner, justice of the supreme court, court of appeal judge, district court judge in a judicial district comprised of a single parish with a population in excess of four hundred fifty thousand persons as determined by the most recently published decennial federal census where the election district is parishwide, as long as these offices are elective offices, and any candidate for office with an election district containing a population in excess of two hundred fifty thousand persons as determined by the most recently published decennial federal census. See Louisiana Revised Statutes 18:1483
- Managing entity: means an entity with the duty to manage and operate the timeshare plan and/or the timeshare property. See Louisiana Revised Statutes 9:1131.2
- Manufacturer: means any of the following:
(a) A person who manufactures legend drugs or legend devices and includes a labeler or distributor. See Louisiana Revised Statutes 37:3462
- Market value: means a value stated as an opinion, which presumes the transfer of real property as of a certain date and subject to specific conditions set forth in the value definition identified by an appraiser as applicable to an appraisal. See Louisiana Revised Statutes 37:3392
- Massage establishment: means any place of business that offers the practice of massage therapy and where the practice of massage therapy is conducted on the premises of the business. See Louisiana Revised Statutes 37:3552
- Massage therapist: means a person who engages in the practice of massage therapy for compensation. See Louisiana Revised Statutes 37:3552
- Medical or scientific evidence: means evidence found in the following sources:
(a) Peer-reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff. See Louisiana Revised Statutes 22:2392
- Member: means any person included in the membership of the system. See Louisiana Revised Statutes 11:403
- Metal tire: means every tire, the surface of which is in contact with the highway, is wholly or partly of metal or other hard, nonresilient material. See Louisiana Revised Statutes 32:1
- Minor: means a person who has not yet attained eighteen years of age. See Louisiana Revised Statutes 17:2351
- Mobile home: means : (a) a trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode, or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on highways; or, (b) a trailer or semitrailer whose chassis and exterior shell is designed and constructed for use as a mobile home, as defined in (a), but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. See Louisiana Revised Statutes 32:1
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Motor carrier: means any person owning, controlling, managing, operating, or causing to be used or operated any commercial motor vehicle used in the transportation of persons or property over the public highways of this state, whether as a transportation agency or howsoever utilizing said public facilities. See Louisiana Revised Statutes 32:1
- Motor driven cycle: means every motorcycle, including every motor scooter, with a motor of not to exceed five horsepower. See Louisiana Revised Statutes 32:1
- Motor vehicle: means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but excluding a motorized bicycle and an electric-assisted bicycle. See Louisiana Revised Statutes 32:1
- Motorcycle: means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, a motorized bicycle, and an electric-assisted bicycle. See Louisiana Revised Statutes 32:1
- Municipality: means an incorporated village, town, or city created under the authority of the constitution or laws of this state. See Louisiana Revised Statutes 32:1
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- Net direct premiums: means gross direct premiums, excluding reinsurance assumed, written for subject lines of business, less return premiums, dividends paid or credited to policyholders, or the unused or unabsorbed portions of premium deposits. See Louisiana Revised Statutes 22:2292
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Noncontractual obligations: means the allowable ten percent maximum for administrative costs and the maximum amount to be allocated for small business employee training costs allowable under the law. See Louisiana Revised Statutes 23:1553
- Nonparticipating party: means a person who refuses to comply with the demand of the secretary, or fails to respond to the demand, or against whom a suit has been filed by the secretary. See Louisiana Revised Statutes 30:2272
- Oath: A promise to tell the truth.
- Office: means the office of multimodal commerce within the Department of Transportation and Development. See Louisiana Revised Statutes 34:3471
- Operational: means steering, braking, accelerating, or monitoring the vehicle and roadway. See Louisiana Revised Statutes 32:1
- Operator: means any person employed in responsible charge of operating all or any portion of a scrap metal recycling facility. See Louisiana Revised Statutes 37:1962
- Operator: means every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Louisiana Revised Statutes 32:1
- Organ procurement organization: means a person designated by the secretary of the United States Department of Health and Human Services as an eye bank, organ procurement organization, or tissue bank. See Louisiana Revised Statutes 17:2351
- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: means a natural person who owns greater than a ten percent interest in the distributor. See Louisiana Revised Statutes 37:3462
- Owner: means a person who holds a legal title to a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale, lease, or transfer of possession thereof with the right of purchase upon the performance of the conditions stated in the agreement, with the right of immediate possession in the vendee, lessee, possessor, or in the event such similar transaction is had by means of mortgage and the mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee, possessor, or mortgagor shall be deemed the owner for the purposes of this Chapter. See Louisiana Revised Statutes 32:1
- Owner: means any person who owns or is a co-owner of a timeshare interest. See Louisiana Revised Statutes 9:1131.2
- Owner or operator: means any person owning or operating a facility. See Louisiana Revised Statutes 30:2272
- PAREA: means or refers to any Practical Applications of Real Estate Appraisal training program created or implemented in accordance with the Real Property Appraiser Qualification Criteria developed and approved by the AQB, to provide an alternate pathway for applicants to obtain licensure as a licensed residential appraiser or as a certified residential appraiser without training as a trainee appraiser, subject to the direct control and supervision of a supervisory appraiser. See Louisiana Revised Statutes 37:3392
- Parent: means a person whose parental rights have not been terminated. See Louisiana Revised Statutes 17:2351
- Part: means an organ, an eye, or tissue of a human being. See Louisiana Revised Statutes 17:2351
- Part-time employee: means any employee who is a part-time, seasonal, or temporary employee as defined in 26 CFR 31:3121(b)(7)-2, or in any successor regulations. See Louisiana Revised Statutes 11:403
- Participating party: means a person who undertakes remedial action after receiving a demand from the secretary in compliance with the demand and as approved by the secretary. See Louisiana Revised Statutes 30:2272
- Pavement structure: means the combination of subbase, base course, and surface course placed on an earth subgrade to support the traffic load and distribute it to the roadbed. See Louisiana Revised Statutes 32:1
- pay period: means a period (of not more than thirty-one consecutive days) for which a payment of remuneration is ordinarily made to the employee by the person employing him. See Louisiana Revised Statutes 23:1472
- PEO: means any person that offers professional employer services pursuant to a professional employer services agreement with a client, including but not limited to administrative services organizations and employee leasing organizations that provide services pursuant to a PEO agreement. See Louisiana Revised Statutes 23:1761
- PEO services agreement: means an agreement between a professional employer organization and a client pursuant to which the professional employer organization will upon execution of the agreement co-employ a substantial part of a client's workforce and undertake specified responsibilities as an employer for all covered employees that are co-employed by the agreement between the professional employer organization and the client. See Louisiana Revised Statutes 23:1761
- Person: shall mean any individual or firm. See Louisiana Revised Statutes 37:682
- Person: means any individual. See Louisiana Revised Statutes 37:711.2
- Person: means any individual, firm, partnership, association, joint venture, cooperative and corporation, or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person. See Louisiana Revised Statutes 37:1513
- Person: means a natural or juridical person, including a proprietorship, partnership, corporation, limited liability company, trust, business firm, association, franchise arrangement, combination of any of these entities, or any other legal entity. See Louisiana Revised Statutes 37:3462
- Person: means an individual, corporation, association, or other legal entity. See Louisiana Revised Statutes 37:3552
- Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
- Person: means any individual, partnership, limited liability company or corporation, association, labor union, political committee, corporation, or other legal entity, including their subsidiaries. See Louisiana Revised Statutes 18:1483
- Person: means an individual, association, partnership, corporation, limited liability company, or other entity. See Louisiana Revised Statutes 23:1761
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Louisiana Revised Statutes 17:2351
- Person: means an individual, company, corporation, partnership, or agent thereof, including any person, as defined in Louisiana Revised Statutes 23:101
- Person: means an individual, partnership, corporation, or other legal entity. See Louisiana Revised Statutes 9:1131.2
- Personal property: All property that is not real property.
- Physical rehabilitation: means the care given to athletes following an athletic injury and recovery. See Louisiana Revised Statutes 37:3302
- Physician: means a person licensed to practice medicine by the board in the state who is qualified by training and experience to supervise an athletic trainer. See Louisiana Revised Statutes 37:3302
- Physician: means a person who is licensed by the board to practice medicine in this state. See Louisiana Revised Statutes 37:3353
- Physician: means a person authorized and licensed to practice medicine or osteopathy under the laws of any state. See Louisiana Revised Statutes 17:2351
- Plan of operation: means the document setting the rules of operation of the corporation, as promulgated by the governing board and approved by the Louisiana Senate Committee on Insurance and the Louisiana House Committee on Insurance pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 22:2292
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Police officer: means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Louisiana Revised Statutes 32:1
- Pollution source: means pollution source as defined in Louisiana Revised Statutes 30:2272
- Port authority: means the governing authority of any port area or port, harbor, and terminal district. See Louisiana Revised Statutes 34:3451
- Position: means any office or any employment in the state service. See Louisiana Revised Statutes 11:403
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Practice of engineering: shall mean responsible professional service which may include consultation, investigation, evaluation, planning, designing, or inspection of construction in connection with any public or private utilities, structures, machines, equipment, processes, works, or projects wherein the public welfare or the safeguarding of life, health, and property is concerned or involved, when such professional service requires the application of engineering principles and the interpretation of engineering data. See Louisiana Revised Statutes 37:682
- practice of equine dentistry: means the rasping or floating of molar, premolar, and canine teeth of equines, and the removal of deciduous incisor and premolar teeth or caps of equines. See Louisiana Revised Statutes 37:1561
- Practice of geoscience: means the practice for the public of geoscientific services or work, including consulting, investigating, evaluating, analyzing, planning, mapping, and inspecting geoscientific work and the responsible supervision of those tasks. See Louisiana Revised Statutes 37:711.2
- Practice of land surveying: shall include the measuring of areas, land surfaces, streams, bodies of water, and swamps for correct determination and description, for the establishment, reestablishment, ascertainment, or description of land boundaries, corners, divisions, distances, and directions, the plotting and monumenting of lands and subdivisions thereof, and mapping and topographical work. See Louisiana Revised Statutes 37:682
- Practice of massage therapy: means the manipulation of soft tissue for the purpose of maintaining good health and establishing and maintaining good physical condition. See Louisiana Revised Statutes 37:3552
- Practice of prevention: shall include but is not limited to the following:
(a) Working cooperatively with supervisors and coaches in establishing and implementing a program of physical conditioning for athletes. See Louisiana Revised Statutes 37:3302
- Practice of rehabilitation counseling: means rendering or offering to individuals, groups, organizations, or the general public rehabilitation services in private practice for compensation involving the application of principles, methods, or procedures of the rehabilitation counseling profession which include but are not limited to:
(a) "Rehabilitation counseling" which means assisting an individual or group, through the counseling relationship, to define vocational goals, and to plan actions reflecting his or their interests, abilities, aptitudes, and needs as these are related to rehabilitation concerns, educational progress, and occupations and careers. See Louisiana Revised Statutes 37:3443
- Practice of veterinary medicine: means :
(a) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions; including the prescription or administration of any drug, medicine, biologic apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for testing for pregnancy, or for correcting sterility, or infertility, or to render advice or recommendation with regard to any of the above. See Louisiana Revised Statutes 37:1513
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Prescription drug: means a drug for human use which, because of its toxicity or other potentiality for harmful effects, the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or a drug which is limited by a United States Food and Drug Administration new drug application to use under the professional supervision of a practitioner licensed by law to administer such drug. See Louisiana Revised Statutes 37:3462
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Prevention: means those activities and services that prevent, reduce, or stabilize the incidence of addictive disorders and thereby prevent, reduce, or stabilize the prevalence of addictive disorders. See Louisiana Revised Statutes 37:3386.1
- Prevention specialist-in-training: means any person who has not yet met the qualifications to become a licensed, certified, or registered prevention professional, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board. See Louisiana Revised Statutes 37:3386.1
- Principal campaign committee: means a political committee designated by a candidate pursuant to Louisiana Revised Statutes 18:1483
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- product: as used in this Chapter , does not include any of the following:
(a) Blood or blood components intended for transfusion. See Louisiana Revised Statutes 37:3462
- professional engineer: shall mean an individual who, by reason of his special knowledge and ability to apply the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design, acquired by an engineering education and engineering experience, is qualified to practice engineering, as evidenced by his licensure as such by the board. See Louisiana Revised Statutes 37:682
- professional land surveyor: shall mean an individual who is qualified to practice land surveying, as evidenced by his licensure as such by the board. See Louisiana Revised Statutes 37:682
- Prohibited nation: means Iran, North Korea, Sudan, or Syria. See Louisiana Revised Statutes 11:312
- Project: means any development, improvement, property, utility, facility, works, enterprise, or service hereafter undertaken or established under the provisions of this Chapter. See Louisiana Revised Statutes 33:9039.13
- Project: means a project as defined in Louisiana Revised Statutes 33:9039.65
- Project: includes but is not limited to condominiums and cooperative housing corporations. See Louisiana Revised Statutes 9:1131.2
- projected income: means the sum total of rates according to the standard rate table applicable to the ensuing experience rate year, exclusive of the add-on solvency tax, computed in Louisiana Revised Statutes 23:1553
- Prospective donor: means a person who is dead or near death and has been determined by a procurement organization to have a part that may be medically suitable for transplantation, therapy, research, or education. See Louisiana Revised Statutes 17:2351
- Prospective review: means utilization review conducted prior to an admission or the provision of a health care service or a course of treatment in accordance with a health insurance issuer's requirement that the health care service or course of treatment, in whole or in part, be approved prior to its provision. See Louisiana Revised Statutes 22:2392
- Protected health information: means either of the following:
(a) Health information that identifies an individual who is the subject of the information. See Louisiana Revised Statutes 22:2392
- provider: means a health care professional or a facility. See Louisiana Revised Statutes 22:2392
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Public office: means any state, parish, municipal, ward, district, or other office or position that is filled by election of the voters, except those specifically excepted in Paragraph (3) of this Section. See Louisiana Revised Statutes 18:1483
- Purchaser: means any person to whom a timeshare interest is offered or who has contracted to purchase a timeshare interest. See Louisiana Revised Statutes 9:1131.2
- Quadrum axle: means any four consecutive axles whose centers are more than forty inches but not more than ninety-six inches apart, and are designed to equalize the load between axles. See Louisiana Revised Statutes 32:1
- Qualified mental health professional: means :
(a) A psychiatrist licensed pursuant to Louisiana Revised Statutes 37:3386.1
- Quorum: The number of legislators that must be present to do business.
- Racetrack: means any facility which conducts races as defined in Louisiana Revised Statutes 37:1561
- Railroad track materials: means steel in the form of railroad tracks or in the form of rail, switch components, spikes, angle bars, tie plates, or bolts of the type used in constructing railroads, or any combination of such materials. See Louisiana Revised Statutes 37:1962
- real estate: means immovable property as defined by Civil Code Article 462 et seq. See Louisiana Revised Statutes 37:3392
- real estate appraisal: means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects, including energy efficiency, of, identified real estate, for or in expectation of compensation. See Louisiana Revised Statutes 37:3392
- Real estate appraisal services: means residential valuation services performed by an individual acting as an appraiser, including but not limited to appraisal, appraisal review, or appraisal consulting, as these services are defined under the Uniform Standards for Professional Appraisal Practice. See Louisiana Revised Statutes 37:3415.2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real Property Appraiser Qualification Criteria: means the qualifying criteria regarding the minimum education, experience, and examination requirements for real estate appraisers, as established by the AQB. See Louisiana Revised Statutes 37:3392
- Real-time synchronous distance learning: means students attend class session virtually at the same time as the instructor and other classmates. See Louisiana Revised Statutes 37:3552
- Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Louisiana Revised Statutes 17:2351
- Recess: A temporary interruption of the legislative business.
- Recipient: means a person into whose body a part of a decedent has been or is intended to be transplanted. See Louisiana Revised Statutes 17:2351
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Louisiana Revised Statutes 17:2351
- Refund: means the withdrawal of all accumulated contributions at least thirty days after termination from the state service, or with respect to members having the option of belonging to the system, withdrawal of all accumulated contributions at least thirty days after receipt by the system of written notice of withdrawal. See Louisiana Revised Statutes 11:403
- Refusal: means a record created pursuant to the provisions of Louisiana Revised Statutes 17:2351
- Registered equine dentist: means a person registered by the board as being qualified to practice equine dentistry in Louisiana. See Louisiana Revised Statutes 37:1561
- Registered veterinary technician: means a skilled person registered by the board as being qualified by academic and practical training to provide veterinary services under the direct supervision and direction of the licensed veterinarian who is responsible for the performance of that veterinary technician. See Louisiana Revised Statutes 37:1542
- Rehabilitation counseling: which means assisting an individual or group, through the counseling relationship, to define vocational goals, and to plan actions reflecting his or their interests, abilities, aptitudes, and needs as these are related to rehabilitation concerns, educational progress, and occupations and careers. See Louisiana Revised Statutes 37:3443
- Rehabilitation counseling services: which means those acts and behaviors coming within the "practice of rehabilitation counseling" as defined in this Chapter. See Louisiana Revised Statutes 37:3443
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Remedial cost: means after the discharge or disposal of a hazardous substance the cost of:
(i) Removing, confining, or storing any hazardous substance; constructing barriers, securing the site, encapsulating in clay or other impermeable material;
(ii) Cleaning up a contamination, recycling, or reuse of a hazardous substance;
(iii) Diversion, destruction, or segregation of reactive or other wastes;
(iv) Dredging or excavating a site;
(v) Repairing or replacing leaking containers;
(vi) Collection of leachate and runoff;
(vii) Onsite treatment or incineration of a substance;
(viii) Provision of alternative water supplies;
(ix) Monitoring, testing, or analyzing;
(x) Employing legal, engineering, chemical, biological, architectural, or other professional consultants or personnel;
(xi) Investigation, initiation, or prosecution of lawsuits to final judgment;
(xii) Transporting and disposing of waste from the site; or
(xiii) Any other action the secretary deems necessary to restore the site or remove the hazardous substance. See Louisiana Revised Statutes 30:2272
- Reporting period: shall mean those periods established by Louisiana Revised Statutes 18:1483
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Rescission: means cancellation or discontinuance of coverage under a health benefit plan that has a retroactive effect. See Louisiana Revised Statutes 22:2392
- Respiratory care: is synonymous with the term "respiratory therapy" as defined in this Chapter. See Louisiana Revised Statutes 37:3353
- Respiratory therapy: means the allied health specialty practiced under the direction and supervision of a physician involving the assessment, treatment, testing, monitoring, and care of persons with deficiencies and abnormalities of the cardiopulmonary system. See Louisiana Revised Statutes 37:3353
- Respiratory therapy education program: means a program of respiratory therapy studies accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP), in collaboration with the Committee on Accreditation for Respiratory Care (CoARC), or their predecessor or successor organizations or an equivalent program approved by the board. See Louisiana Revised Statutes 37:3353
- Responsible charge: shall mean the direct control and personal supervision of engineering or land surveying service or work, as the case may be. See Louisiana Revised Statutes 37:682
- Responsible charge: means the independent control and direction of geoscientific work or the supervision of geoscientific work by the use of initiative, skill, and independent judgment. See Louisiana Revised Statutes 37:711.2
- Retirement: means termination of active service, with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:403
- Retrospective review: means a utilization review conducted after services have been provided to a patient, but does not include the review of a claim that is limited to an evaluation of reimbursement levels, veracity of documentation, accuracy of coding, or adjudication for payment. See Louisiana Revised Statutes 22:2392
- Revenue bonds: means obligations of the district which are payable from revenues derived from sources other than ad valorem taxes on immovable or movable property and which do not pledge the property, credit, or general tax revenue of the district. See Louisiana Revised Statutes 33:9039.13
- Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular traffic, exclusive of the berm or shoulder. See Louisiana Revised Statutes 32:1
- safety glass: as used in this Chapter shall mean glass so treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injuries to persons by objects from external sources or by glass, when the glass is cracked or broken. See Louisiana Revised Statutes 32:360
- Sanitarian: means a person who possesses the necessary qualifications as recognized in this Chapter to carry out inspectional, educational, and investigational duties in the field of environmental sanitation, or who serves as a consultant, supervisor, or administrator of programs and personnel involving such duties. See Louisiana Revised Statutes 37:2101
- Sanitarian trainee: means a person who possesses the necessary academic qualifications as recognized in this Chapter for licensing as a sanitarian, but who does not possess the required year of experience and training in sanitation. See Louisiana Revised Statutes 37:2101
- School bus: means every motor vehicle that is used to transport students to and from school or in connection with school activities, but not including a charter bus or transit bus. See Louisiana Revised Statutes 32:1
- School of veterinary medicine: means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board. See Louisiana Revised Statutes 37:1513
- Scrap metal: means metal materials which are purchased for resale to be recycled, including but not limited to ferrous materials, catalytic converters, auto hulks, copper, copper wire, copper alloy, bronze, zinc, aluminum other than in the form of cans, stainless steel, nickel alloys, or brass, whether in the form of bars, cable, ingots, rods, tubing, wire, wire scraps, clamps or connectors, railroad track materials, water utility materials, and used building components. See Louisiana Revised Statutes 37:1962
- Second opinion: means an opportunity or requirement to obtain a clinical evaluation by a provider other than the one originally making a recommendation for a proposed health care service to assess the clinical or medical necessity and appropriateness of the initial proposed health care service. See Louisiana Revised Statutes 22:2392
- Secretary: means the secretary of the commission. See Louisiana Revised Statutes 23:1
- Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
- Secretary: means the secretary of the Department of Transportation and Development or his delegated or authorized representative. See Louisiana Revised Statutes 32:1
- Semitrailer: means every single vehicle without motive power designed for carrying property and passengers and so designed in conjunction and used with a motor vehicle that some part of its own weight and that of its own load rests or is carried by another vehicle and having one or more load-carrying axles. See Louisiana Revised Statutes 32:1
- Service of process: The service of writs or summonses to the appropriate party.
- Sexual abuse: includes but is not limited to acts which are prohibited by Louisiana Revised Statutes 9:362
- Shipping articles: means "articles of agreement" purporting to comply with Title forty-six of the United States code, or any other agreement under which officers or members of the crew are employed on the high seas, and under which they are not entitled to a final settlement of wages until the termination of the period of the employment. See Louisiana Revised Statutes 23:1472
- Shoulder: means the portion of the highway contiguous with the roadway for accommodation of stopped vehicles, for emergency use, pedestrian use, mobility aid use, bicycle use, and for lateral support of base and surface. See Louisiana Revised Statutes 32:1
- Sign: means , with the present intent to authenticate or adopt a record either:
(a) To execute or adopt a tangible symbol. See Louisiana Revised Statutes 17:2351
- Single axle: means an assembly of two or more wheels, whose centers are in one transverse vertical plane or may be included between two parallel transverse vertical planes forty inches apart extending across the full width of the vehicle. See Louisiana Revised Statutes 32:1
- Sodium pentobarbital: means a compound prepared or purchased solely as an euthanasia solution at a minimum strength of six grains per milliliter. See Louisiana Revised Statutes 37:1552
- Special permit: means a written authorization to move or operate on a highway a vehicle or combination of vehicles with indivisible load of size and/or weight exceeding the limits prescribed for vehicles in regular operation. See Louisiana Revised Statutes 32:1
- Special permit applicant: means an individual, firm, partnership, corporation, or association making application for a special permit to transport a vehicle, combination of vehicles, and/or load which is oversize or overweight and under whose authority and responsibility such vehicle or load is transported. See Louisiana Revised Statutes 32:1
- Staffing service: means any person or entity, other than a professional employer organization, that supplies workers to a client to support or supplement the client's workforce. See Louisiana Revised Statutes 23:1761
- State: includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. See Louisiana Revised Statutes 23:1472
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Louisiana Revised Statutes 17:2351
- State: means the state of Louisiana. See Louisiana Revised Statutes 11:403
- State maintained highway: means any highway in this state which is contained in the state highway system as defined by law or which is maintained by the department. See Louisiana Revised Statutes 32:1
- Steering axle: means the axle of a motor vehicle or combination of vehicles by which the same is guided or steered. See Louisiana Revised Statutes 32:1
- Stop: means , when required, the complete cessation from movement. See Louisiana Revised Statutes 32:1
- stopping: means , when prohibited, any halting, even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, weights and standards police officer, or traffic control sign or signal. See Louisiana Revised Statutes 32:1
- Subject lines of business: means the following lines of business: fire, allied lines, homeowners' multiperil, the property insurance portion of commercial multiperil policies, and the business interruption insurance portion of commercial multiperil policies or such interruption insurance with respect to commercial properties on a monoline basis. See Louisiana Revised Statutes 22:2292
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Subsidiary committee: means a political committee other than a principal campaign committee, designated by a candidate or by a principal campaign committee pursuant to Louisiana Revised Statutes 18:1483
- Summons: Another word for subpoena used by the criminal justice system.
- Supervised visitation: means face-to-face contact between a parent and a child which occurs in the immediate presence of a supervising person approved by the court under conditions which prevent any physical abuse, threats, intimidation, abduction, or humiliation of either the abused parent or the child. See Louisiana Revised Statutes 9:362
- Supervisory appraiser: means a certified residential appraiser or certified general appraiser registered by the board to supervise one or more trainee appraisers and who satisfies the applicable minimum qualifications required by the Real Property Appraiser Qualification Criteria including but not limited to the following:
(a) The supervisory appraiser shall have been licensed and in good standing with any competent appraisal licensing jurisdiction for at least three years. See Louisiana Revised Statutes 37:3392
- Supervisory committee: means the Board of Ethics established in Louisiana Revised Statutes 18:1483
- System: means the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
- TAF: means The Appraisal Foundation created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
- Tandem axle: means any two consecutive axles whose centers are more than forty inches but not more than ninety-six inches apart, and are designed to equalize the load between axles. See Louisiana Revised Statutes 32:1
- Tandem axle weight: means the total weight transmitted to the road by a tandem axle. See Louisiana Revised Statutes 32:1
- Technician: means any individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. See Louisiana Revised Statutes 17:2351
- Temporary employee: is a n employee, whether called temporary employee or leased employee, who is recruited by a staffing service or employee leasing company, is assigned to a client by such service or company, and is expected to return to the staffing service or leasing company for reassignment at the end of duties at the client company. See Louisiana Revised Statutes 23:1761
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Termination: means complete cessation of employment with the state. See Louisiana Revised Statutes 11:403
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Timeshare association: means a corporation owned by the timeshare interest owners and through which the timeshare interest owners manage and regulate the timeshare property. See Louisiana Revised Statutes 9:1131.2
- Timeshare documents: means all of the documents, by whatever names denominated, and any amendments thereto, which establish the timeshare plan, create and govern the rights and relationships of owners, and govern the use and operation of the timeshare property. See Louisiana Revised Statutes 9:1131.2
- Timeshare expenses: means any expenditures, fees, charges, or other liabilities for which an owner of a timeshare interest is liable as a result of the ownership of the timeshare interest. See Louisiana Revised Statutes 9:1131.2
- Timeshare instrument: means the legal document or documents, by whatever names denominated, that convey a timeshare interest to a purchaser. See Louisiana Revised Statutes 9:1131.2
- Timeshare interest: means an ownership "timeshare interest" a lease timeshare interest, a timeshare estate, and a timeshare use unless expressly provided otherwise and includes any of the following:
(a) A "timeshare estate" which is the right to occupy a timeshare property, coupled with present ownership or some right to future ownership in a timeshare property or a specified portion thereof. See Louisiana Revised Statutes 9:1131.2
- Timeshare plan: means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership agreement, sale, lease, license, other act of conveyance, or right-to-use agreement or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, but not necessarily for consecutive years. See Louisiana Revised Statutes 9:1131.2
- Timeshare property: means one or more timeshare units subject to the same timeshare plan, together with any common elements or any other immovable property, or rights therein, appurtenant to those units. See Louisiana Revised Statutes 9:1131.2
- Tissue: means a portion of the human body other than an organ or an eye. See Louisiana Revised Statutes 17:2351
- Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Louisiana Revised Statutes 17:2351
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel. See Louisiana Revised Statutes 32:1
- Trailer: means every single vehicle without motive power designed for carrying property or passengers wholly on its own structure, drawn by a motor vehicle which carries no part of the weight and load of the trailer on its own wheels and having two or more load carrying axles. See Louisiana Revised Statutes 32:1
- Trainee appraiser: means any person registered by the board and authorized to appraise properties under the supervision of a licensed general real estate appraiser or residential real estate appraiser. See Louisiana Revised Statutes 37:3392
- Transaction: means the transfer of a product between persons in which a change of ownership occurs, but does not include a transaction that is exempted from the definition by rules of the board or federal law. See Louisiana Revised Statutes 37:3462
- Transaction history: means a statement, in paper or electronic form, that includes the transaction information for each prior transaction going back to the manufacturer of the product. See Louisiana Revised Statutes 37:3462
- Transaction information: means :
(a) The proprietary or established name or names of the product. See Louisiana Revised Statutes 37:3462
- Transaction statement: means a statement, in paper or electronic form, that the entity transferring ownership in a transaction meets all of the following conditions:
(a) Is authorized as required under the federal Drug Supply Chain Security Act. See Louisiana Revised Statutes 37:3462
- transaction value: means market value for nonfederally related transaction appraisals. See Louisiana Revised Statutes 37:3392
- Transfer of funds: means any money, regardless of amount, received by a committee from another committee or money given by a committee to another committee. See Louisiana Revised Statutes 18:1483
- Tridum axle: means any three consecutive axles whose centers are more than forty inches but not more than ninety-six inches apart, and are designed to equalize the load between axles. See Louisiana Revised Statutes 32:1
- Truck: means every motor propelled single vehicle for the conveyance of property or things for hauling purposes and having one front steering axle and one rear or load carrying axle. See Louisiana Revised Statutes 32:1
- Truck-tractor: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load drawn. See Louisiana Revised Statutes 32:1
- Trustee: A person or institution holding and administering property in trust.
- United States: when used in a geographical sense, includes the states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. See Louisiana Revised Statutes 23:1472
- Unobligated funds: means cash balance, less contractual obligations, less noncontractual obligations. See Louisiana Revised Statutes 23:1553
- Urgent care request: means :
(a) A request for a health care service or course of treatment with respect to which the time periods for making a non-urgent care request determination either:
(i) Could seriously jeopardize the life or health of the covered person or the ability of the covered person to regain maximum function. See Louisiana Revised Statutes 22:2392
- USPAP: means the Uniform Standards of Professional Appraisal Practice, which establishes the minimum requirements applicable to appraisers for the purpose of promoting and maintaining public trust in the appraisal practice, as implemented and periodically amended by the ASB. See Louisiana Revised Statutes 37:3392
- Utilization review: means a set of formal techniques designed to monitor the use of or evaluate the clinical or medical necessity, appropriateness, efficacy, or efficiency of health care services, procedures, or settings. See Louisiana Revised Statutes 22:2392
- Utilization review organization: means a licensed entity that conducts utilization review in the internal claims and appeals process provided pursuant to Louisiana Revised Statutes 22:2392
- Vehicle: means every device by which persons or things may be transported upon a public highway or bridge, except devices moved by human power or used exclusively upon stationary rails or tracks. See Louisiana Revised Statutes 32:1
- Venue: The geographical location in which a case is tried.
- Verdict: The decision of a petit jury or a judge.
- Veterinary medicine: includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. See Louisiana Revised Statutes 37:1513
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
- vocational assessment: includes but is not limited to the administration, interpretation, and use of single scale screening tests of intelligence and tests of education, achievement, personal traits, interests, aptitudes, abilities, language, adaptive behavioral tests, and symptom screening checklist, solely to define vocational goals and plan actions as related to rehabilitation concerns, educational progress, and occupations and careers. See Louisiana Revised Statutes 37:3443
- Wages: means all remuneration for services, including vacation pay, holiday pay, dismissal pay, commissions, bonuses, the cash value of all remuneration in any medium other than cash, and WARN Act payments received pursuant to Louisiana Revised Statutes 23:1472
- Water management and control facilities: means any lakes, canals, ditches, reservoirs, dams, levees, floodways, pumping stations, or any other works, structures, or facilities for the conservation, control, development, utilization, and disposal of water, and any purposes incidental thereto. See Louisiana Revised Statutes 33:9039.13
- Water utility materials: shall include but not be limited to water meters, valves, pipes, and fittings. See Louisiana Revised Statutes 37:1962
- Waterway: means any navigable bayou, canal, channel, or river, or portion thereof. See Louisiana Revised Statutes 34:3471
- Waterway dredging and deepening priority program: means the priority list of projects submitted by the office and approved by the joint committee pursuant to this Chapter. See Louisiana Revised Statutes 34:3471
- Waterway project: means a program, either new or continuing, that is planned and implemented with the primary goal of dredging and deepening waterways in the state to include cost share projects with the federal government and construction and maintenance costs associated with dredging and disposing of dredged material. See Louisiana Revised Statutes 34:3471
- weather modification: as used in this Chapter , means the changing or controlling by chemical, mechanical, or physical methods the occurrence of lightning or the precipitation of rain, hail, mist, sleet, or snow. See Louisiana Revised Statutes 37:2202
- Week: means such period of seven consecutive days, as the administrator may by regulation prescribe. See Louisiana Revised Statutes 23:1472
- Wholesale distribution: means the distribution of legend drugs or legend devices to a person other than the consumer or patient except as exempted in the standards of the federal Drug Supply Chain Security Act as the act pertains to wholesale distribution. See Louisiana Revised Statutes 37:3462
- Wholesale distributor: means any person engaged in wholesale distribution. See Louisiana Revised Statutes 37:3462
- Width: means the total outside transverse dimension of a vehicle including any load or load holding devices thereon but excluding approved safety devices and tire bulge due to load. See Louisiana Revised Statutes 32:1
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.