Sections
Part I Kinds of Insurers 22:61 – 22:550.26
Part II Business Transacted With Producer Controlled Insurer Law 22:551 – 22:556
Part III Financial Solvency and Reporting Requirements 22:571 – 22:737
Part IV Reserves 22:751 – 22:786

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Terms Used In Louisiana Revised Statutes > Title 22 > Chapter 2 - Requirements for Insurers and Other Risk Bearing Entities

  • Abandoned cemetery: shall mean any cemetery which is no longer being used for interments, is not being maintained in good condition, and has fallen into a state of disrepair, including tombs and headstones that have collapsed or been destroyed, walls and fences that have fallen apart, and trees and bushes that have grown amongst and within grave spaces. See Louisiana Revised Statutes 25:933
  • Abatement: means any set of measures as determined by the secretary designed to permanently eliminate lead hazards including:

                (a) The removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil. See Louisiana Revised Statutes 30:2351.1

  • Acceptable collateral: means any of the following:

                (a) As to securities lending transactions, and for the purpose of calculating counterparty exposure amount, cash, cash equivalents, letters of credit, direct obligations of, or securities that are fully guaranteed as to principal and interest by, the government of the United States or any agency of the United States, or by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, or any state or territory of the United States or the District of Columbia and as to lending foreign securities, sovereign debt rated one by the SVO. See Louisiana Revised Statutes 22:601.1

  • Accident: means an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration. See Louisiana Revised Statutes 23:1021
  • Account: means the Lead Hazard Reduction Dedicated Fund Account created pursuant to this Chapter. See Louisiana Revised Statutes 30:2351.1
  • Accredited state: means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:552
  • Accredited training provider: means a person certified by the secretary pursuant to this Chapter to provide training in lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Addictive disorder: is a primary, chronic neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. See Louisiana Revised Statutes 28:2
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjusted for inflation: means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
  • Adjusted risk-based capital report: means a risk-based capital report which has been adjusted by the commissioner in accordance with Louisiana Revised Statutes 22:631
  • administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:2
  • Administrator: means the secretary of the Louisiana Workforce Commission. See Louisiana Revised Statutes 23:1472
  • administrator: means the administrator of the fraud section of the office of workers' compensation. See Louisiana Revised Statutes 23:1295
  • Admitted assets: means assets permitted to be reported as admitted assets on the statutory financial statement of the insurer most recently required to be filed with the commissioner, but excluding assets of separate accounts, the investments of which are not subject to the provisions of this Subpart. See Louisiana Revised Statutes 22:601.1
  • Adoption date: means the date as of which the board of directors of the reorganizing mutual initially approves and adopts the plan of reorganization. See Louisiana Revised Statutes 22:236
  • Adoption date: means the date as of which the board of directors of the reorganizing mutual initially approves and adopts the plan of reorganization. See Louisiana Revised Statutes 22:237.2
  • Adult: means a person who has attained eighteen years of age. See Louisiana Revised Statutes 17:2351
  • 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.
  • advisory evacuation: means an evacuation that may be ordered when a disaster or emergency has been declared and evacuation is recommended due to the potential for rapidly changing conditions to develop into a serious threat and all persons in designated evacuation areas are recommended to consider relocating to safer locations for their own safety. See Louisiana Revised Statutes 29:723
  • Affiliate: means a person that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, another person. See Louisiana Revised Statutes 29:782
  • Affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Louisiana Revised Statutes 13:5062
  • Affiliate: means a person who directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with the person specified. See Louisiana Revised Statutes 22:236
  • Affiliate: means a person who directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with the person specified. See Louisiana Revised Statutes 22:237.2
  • Affiliate: means , as to any person, another person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person. See Louisiana Revised Statutes 22:601.1
  • Affiliate: means a person that directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, the person specified. See Louisiana Revised Statutes 22:691.2
  • Affiliated company: means a company in the same corporate system as its parent or a member organization by virtue of common ownership, control, operation or management. See Louisiana Revised Statutes 22:550.2
  • 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 the Louisiana Rehabilitation Services program of the office of workforce development within the Louisiana Workforce Commission, which licenses blind vendors. See Louisiana Revised Statutes 23:3042
  • 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

  • Agreement: means any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of beer sold by a supplier. See Louisiana Revised Statutes 26:802
  • Allegation: something that someone says happened.
  • Allocable share: means allocable share as that term is defined in the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
  • Alternative nicotine product: means any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. See Louisiana Revised Statutes 26:901
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Ancillary business: means a business owned by the wholesaler, by a substantial stockholder of a wholesaler, or by a substantial partner of a wholesaler the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of beer of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers of the supplier. See Louisiana Revised Statutes 26:802
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Area: means the area within the boundaries of the industrial canal to the west, the intracoastal canal to the south, the St. See Louisiana Revised Statutes 33:9100.1
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Articles: means the original articles of incorporation and all amendments thereto including those contained in merger agreements or, if restated, the latest restatement thereof except in those instances in which the context refers expressly to the original articles of incorporation only. See Louisiana Revised Statutes 6:201
  • Asset-backed security: means a security or other instrument, excluding a mutual fund and mortgage-backed securities, evidencing an interest in, or the right to receive payments from, or payable from distributions on, an asset, a pool of assets or specifically divisible cash flows which are legally transferred to a trust or another special purpose bankruptcy-remote business entity, on both of the following conditions:

                (a) The trust or other business entity is established solely for the purpose of acquiring specific types of assets or rights to cash flows, issuing securities and other instruments representing an interest in or right to receive cash flows from those assets or rights, and engaging in activities required to service the assets or rights and any credit enhancement or support features held by the trust or other business entity. See Louisiana Revised Statutes 22:601.1

  • Assets: means all of a state bank's property and rights of every kind. See Louisiana Revised Statutes 6:201
  • Association: means a legal entity consisting of two or more corporations, partnerships, associations or other forms of business organizations that are engaged in businesses or activities similar or related to a common business, trade, product, services, premises or operations. See Louisiana Revised Statutes 22:550.2
  • Association captive insurer: means any company that insures only the risks of the member organizations of the association, affiliated companies of the member organizations, and the risks of the association itself. See Louisiana Revised Statutes 22:550.2
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized-control level risk-based capital: means the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Balanced budget: A budget in which receipts equal outlays.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Basic health care services: means emergency care, inpatient hospital and physician care, outpatient medical and chiropractic services, and laboratory and x-ray services. See Louisiana Revised Statutes 22:242
  • Beer: means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt, and hops in water. See Louisiana Revised Statutes 26:802
  • Behavioral health: is a term used to refer to both mental health and substance use. See Louisiana Revised Statutes 28:2
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit contract: means the agreement for provision of benefits authorized by Louisiana Revised Statutes 22:284
  • Benefit member: means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract. See Louisiana Revised Statutes 22:284
  • 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.
  • 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
  • Bioterrorism: means the intentional use of any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, to cause death, disease, or other biological malfunction in a human, an animal, a plant, or other living organism in order to influence the conduct of government or to intimidate or coerce a civilian population. See Louisiana Revised Statutes 29:762
  • Blind student: means an individual who is identified by a functional vision assessment as having vision loss which interferes with the ability to perform academically and which requires the use of specialized textbooks, techniques, materials, or equipment to access the same academic content as the student's sighted peers or who has one of the following:

                (a) A visual acuity of 20/70 or less, near acuity in the better eye with correcting lenses, or both, or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees. See Louisiana Revised Statutes 17:1982

  • Blind vendors: means those individuals who are classified under state and federal regulations as legally blind and who are licensed to and have a permit to operate vending facilities on state, federal, or other property. See Louisiana Revised Statutes 23:3042
  • Board: shall mean the Louisiana Cemetery Board. See Louisiana Revised Statutes 25:933
  • Board: means the Board of Commissioners of St. See Louisiana Revised Statutes 33:7801
  • Board: means Louisiana Gaming Control Board. See Louisiana Revised Statutes 27:353
  • Board: means the Louisiana Public Defender Oversight Board. See Louisiana Revised Statutes 15:185.2
  • Board: means the Board of Directors of the New Orleans Center for Creative Arts. See Louisiana Revised Statutes 17:1970.22
  • Board: means the Board of Supervisors of Community and Technical Colleges or its successor. See Louisiana Revised Statutes 17:1991
  • 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
  • boards: means the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the Board of Supervisors for the University of Louisiana System, and the Board of Supervisors of Community and Technical Colleges, or any of these boards. See Louisiana Revised Statutes 17:3202
  • 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
  • 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 a district. See Louisiana Revised Statutes 33:9039.103
  • bonds: includes the following:

                (a) United States Treasury securities. See Louisiana Revised Statutes 22:601.1

  • Braille: means the system of reading and writing through touch commonly known as standard English Braille. See Louisiana Revised Statutes 17:1982
  • Brand family: has the meaning as set forth in Louisiana Revised Statutes 26:901
  • Brand family: means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including but not limited to "menthol" "lights" "kings" and "100s" and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. See Louisiana Revised Statutes 13:5072
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • Burden: means that the government, directly or indirectly, does any of the following:

    (a)  Constrains or inhibits conduct or expression mandated by a person's sincerely held religious tenet or belief. See Louisiana Revised Statutes 13:5234

  • bureau: means the Louisiana Bureau of Criminal Identification and Information. See Louisiana Revised Statutes 15:576
  • Business entity: means a partnership, firm, association, corporation, sole proprietorship, or other business concern. See Louisiana Revised Statutes 30:2351.1
  • Business entity: includes a sole proprietorship, corporation, limited liability company, association, partnership, joint stock company, joint venture, mutual fund, trust, joint tenancy, or other similar form of business organization, whether organized for-profit or not-for-profit. See Louisiana Revised Statutes 22:601.1
  • Cancellation: means that a driver's license is annulled because of some error or defect or because the licensee is no longer entitled to such license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after such cancellation. See Louisiana Revised Statutes 32:401
  • Cap: means an agreement obligating the seller to make payments to the buyer, with each payment based on the amount by which a reference price or level or the performance or value of one or more underlying interests exceeds a predetermined number, sometimes called the strike rate or strike price. See Louisiana Revised Statutes 22:601.1
  • Capital: means the sum of capital stock, surplus, and undivided profits or, as to mutual state banks, as defined by Louisiana Revised Statutes 6:201
  • Capital and surplus: means the sum of the capital and surplus of the insurer required to be shown on the statutory financial statement of the insurer most recently required to be filed with the commissioner. See Louisiana Revised Statutes 22:601.1
  • Capital stock: means the sum of the par value of the shares outstanding plus any amounts in excess of par value transferred from surplus to capital stock in respect of such shares less any part of such amounts transferred from capital stock to surplus as permitted by this Chapter. See Louisiana Revised Statutes 6:201
  • Captive insurer: means any pure captive insurer or association captive insurer formed or licensed under the provisions of this Subpart. See Louisiana Revised Statutes 22:550.2
  • Cash equivalents: means any short-term, highly liquid investments that are both (a) readily convertible to known amounts of cash, and (b) so near their maturity that they present insignificant risk of changes in value due to changes in interest rates. See Louisiana Revised Statutes 22:550.2
  • Cash equivalents: means short-term, highly rated, and highly liquid investments or securities readily convertible to known amounts of cash without penalty and so near maturity that they present insignificant risk of change in value. See Louisiana Revised Statutes 22:601.1
  • 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.
  • Center: means the New Orleans Center for Creative Arts. See Louisiana Revised Statutes 17:1970.22
  • Certificate: means :

                (a) With regard to a person engaged in a lead hazard reduction activity, a document issued by the secretary, or under the authority of the secretary, affirming that the person successfully has completed the training and other requirements for lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1

  • Certificate: means the document issued as written evidence of the benefit contract. See Louisiana Revised Statutes 22:284
  • Certified: means , with regard to a person engaged in a lead hazard reduction activity, that the person successfully has completed the training and other requirements for engaging in lead hazard reduction activities established by the secretary. See Louisiana Revised Statutes 30:2351.1
  • 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.
  • chief indigent defender: means an attorney employed by or under contract with the office to supervise service providers and enforce standards and guidelines within a judicial district or multiple judicial districts. See Louisiana Revised Statutes 15:143
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child-occupied facility: means a building or portion of a building or common area, other than the child's principal residence, constructed prior to 1978, and meeting one of the following:

                (a) Is visited regularly by the same child, who is six years of age or younger, on at least two different days within any week, provided that each day's visit lasts at least three hours, that the combined weekly visits last at least six hours, and that the combined annual visits last at least sixty hours. See Louisiana Revised Statutes 30:2351.1

  • Cigar: includes any roll of tobacco for smoking, irrespective of size or shape, and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredients, where such roll has a wrapper made chiefly of tobacco. See Louisiana Revised Statutes 26:901
  • Cigarette: includes any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper, or any other material except where such wrapper is wholly or in greater part made of tobacco. See Louisiana Revised Statutes 26:901
  • cigarette: includes "roll-your-own" i. See Louisiana Revised Statutes 13:5062
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commerce: means transportation for the purpose of compensation, remuneration, employment, trade, or payment of any thing of value. See Louisiana Revised Statutes 32:401
  • Commercial development: means all facilities and improvements used for commercial or other nonresidential purposes. See Louisiana Revised Statutes 33:9100.1
  • Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle meets one of the following requirements:

                (a) Has a gross combination weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds. See Louisiana Revised Statutes 32:401

  • Commission: means the St. See Louisiana Revised Statutes 33:7801
  • Commission: means the East New Orleans Neighborhood Advisory Commission. See Louisiana Revised Statutes 33:9100.1
  • Commission: means the Louisiana Workforce Commission. See Louisiana Revised Statutes 23:1
  • Commissioner: means the commissioner of the office of alcohol and tobacco control. See Louisiana Revised Statutes 26:802
  • Commissioner: means the commissioner of alcohol and tobacco control. See Louisiana Revised Statutes 26:901
  • Commissioner: means the commissioner of alcohol and tobacco control. See Louisiana Revised Statutes 13:5072
  • Commissioner: means the commissioner of insurance, or his deputy, or the Department of Insurance, as appropriate. See Louisiana Revised Statutes 22:236
  • Commissioner: means the commissioner of insurance, or his deputy, or the Department of Insurance, as appropriate. See Louisiana Revised Statutes 22:237.2
  • Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:242
  • Commissioner: means the commissioner of insurance of the state of Louisiana. See Louisiana Revised Statutes 22:361
  • Commissioner: means the commissioner of insurance of the state of Louisiana. See Louisiana Revised Statutes 22:381
  • Commissioner: means the commissioner of insurance of Louisiana or the commissioner, director, or superintendent of insurance in any other state. See Louisiana Revised Statutes 22:482
  • Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:550.2
  • Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:631
  • Commissioner: means the commissioner of insurance, the commissioner's deputies, or the Department of Insurance, as appropriate. See Louisiana Revised Statutes 22:691.2
  • 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 college: means any postsecondary institution which offers an associate academic degree as well as vocational-technical and other educational programs, but which is not approved to offer a baccalaureate degree. See Louisiana Revised Statutes 17:3202
  • Community home: means a facility certified, licensed, or monitored by the Louisiana Department of Health to provide resident services and supervision to six or fewer persons who have mental illness or developmental disabilities. See Louisiana Revised Statutes 28:477
  • Company-action level risk-based capital: means two hundred percent of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completed operations liability: means liability arising out of the installation, maintenance, or repair of any product at a site which is not owned or controlled by:

    (a)  Any person who performs that work. See Louisiana Revised Statutes 22:482

  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Contagious disease: means an infectious disease that can be transmitted from person to person. See Louisiana Revised Statutes 29:762
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contractual obligations: means the open contract balance at the close of business on September thirtieth. See Louisiana Revised Statutes 23:1553
  • Contributions: means the money payments to the state unemployment compensation fund, required by this Chapter. See Louisiana Revised Statutes 23:1472
  • Control: has the meaning set forth in Louisiana Revised Statutes 22:236
  • Control: means the same as that set forth in Louisiana Revised Statutes 22:237.2
  • controlled: has the meaning as defined in Louisiana Revised Statutes 22:552
  • Controlled insurer: means a licensed insurer which is controlled, directly or indirectly, by a producer. See Louisiana Revised Statutes 22:552
  • Controlling producer: means a producer who, directly or indirectly, controls an insurer. See Louisiana Revised Statutes 22:552
  • conviction: includes the entry of a plea of guilty or nolo contendere to an offense; the forfeiture of bail of any person charged with an offense; and the adjudication of a person as a delinquent for the commission of an offense pursuant to juvenile proceedings. See Louisiana Revised Statutes 32:401
  • Corrective order: means an order issued by the department specifying corrective actions which are required. See Louisiana Revised Statutes 22:611
  • Corrective order: means an order issued by the commissioner specifying corrective actions which the commissioner has determined are required. See Louisiana Revised Statutes 22:631
  • 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

  • Cost participation: means fees or other charges through which families share in the cost for early intervention services provided pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 28:462
  • Costs: includes any expense or expenditure directly or indirectly related to the sale of a good or provision of a service or the operation of the person's business. See Louisiana Revised Statutes 29:723
  • Council: means the Louisiana State Interagency Coordinating Council for EarlySteps established pursuant to Louisiana Revised Statutes 28:462
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Counterparty exposure amount: means :

                (a) The net amount of credit risk attributable to a derivative instrument executed with a business entity other than through a qualified exchange, qualified foreign exchange, or cleared through a qualified clearinghouse, also referred to as an "over-the-counter derivative instrument". See Louisiana Revised Statutes 22:601.1

  • 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: means that an insurer owns or can immediately acquire, through the exercise of options, warrants, or conversion rights already owned, the underlying interest in order to fulfill or secure its obligations under a call option, cap, or floor it has written, or has set aside under a custodial or escrow agreement cash or cash equivalents with a market value equal to the amount required to fulfill its obligations under a put option it has written, in an income generation transaction. See Louisiana Revised Statutes 22:601.1
  • Credit disability insurance: means insurance on a debtor to provide indemnity for payment becoming due on a specified loan or other credit transaction while the debtor is disabled as defined in the insurance policy or certificate issued to the debtor. See Louisiana Revised Statutes 22:361
  • criminal justice agency: means any government agency or subunit thereof, or private agency which, through statutory authorization or a legal formal agreement with a governmental unit or agency has the power of investigation, arrest, detention, prosecution, adjudication, treatment, supervision, rehabilitation, or release of persons suspected, charged, or convicted of a crime; or which collects, stores, processes, transmits, or disseminates criminal history record or crime information. See Louisiana Revised Statutes 15:576
  • criminal justice information system: means all agencies, procedures, mechanisms, media, and forms as well as the information itself which are or become involved in the origination, collection, transmittal, storage, retrieval, and dissemination of information related to offenses or offenders in Louisiana. See Louisiana Revised Statutes 15:576
  • criminal justice system: means that body of agencies at the federal, state, or local level, which may legally arrest, detain, prosecute, adjudicate, treat, supervise, rehabilitate or release, or collect, store, process, transmit, or disseminate criminal history record or crime information. See Louisiana Revised Statutes 15:576
  • critical workforce: means public safety officials, disaster response personnel, and other such employees of federal, state, and local governmental agencies, or contractors of such agencies and specific private sector employees, possessing important skills and training in emergency mitigation, preparedness, response, and recovery as designated by the parish homeland security and emergency preparedness agency or in the absence of such designation by the parish homeland security and emergency preparedness agency, such designation by the Governor's Office of Homeland Security and Emergency Preparedness. See Louisiana Revised Statutes 29:723
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damage: shall mean the intentional or inadvertent hurt, harm, or injury to a component of a historic cemetery or to an isolated grave so as to lessen or destroy its historic, cultural, or scientific value. See Louisiana Revised Statutes 25:933
  • Days: means calendar days unless otherwise specified. See Louisiana Revised Statutes 13:5072
  • Dealer: includes every person who manufactures or purchases cigars, cigarettes, or other tobacco products for distribution or resale in this state. See Louisiana Revised Statutes 26:901
  • 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
  • Declared emergency: means an event or condition that constitutes an emergency as defined in Louisiana Revised Statutes 29:782
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Demonstrates: means meeting the burdens of going forward with evidence and persuasion. See Louisiana Revised Statutes 13:5234
  • Department: shall mean the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 25:933
  • Department: shall mean the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 25:1270.2
  • Department: means the Department of Culture, Recreation and Tourism. See Louisiana Revised Statutes 25:1271.2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:462
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:477
  • Department: means the Department of Public Safety and Corrections. See Louisiana Revised Statutes 32:401
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:2
  • Department: means Louisiana Rehabilitation Services. See Louisiana Revised Statutes 23:3042
  • Department: means the state Department of Education. See Louisiana Revised Statutes 17:1962
  • Department: means the state Department of Education. See Louisiana Revised Statutes 17:1970.2
  • Department: means the state Department of Education. See Louisiana Revised Statutes 17:1972
  • Department: means the Board of Supervisors of Community and Technical Colleges or its successor. See Louisiana Revised Statutes 17:1991
  • Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1
  • Department: means the Department of Insurance. See Louisiana Revised Statutes 22:550.2
  • Dependent: A person dependent for support upon another.
  • Dependent: means the person or persons to whom, under the provisions of Part II of this Chapter, compensation shall be paid upon the death of the injured employee. See Louisiana Revised Statutes 23:1021
  • 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.
  • Derivative instrument: means an agreement, option, instrument, or a series or combination thereof:

                (i) To make or take delivery of, or assume or relinquish, a specified amount of one or more underlying interests, or to make a cash settlement in lieu thereof. See Louisiana Revised Statutes 22:601.1

  • Derivative transaction: means a transaction involving the use of one or more derivative instruments. See Louisiana Revised Statutes 22:601.1
  • Designated emergency area: means the specific area, which shall be limited to the actual affected local area or parish or parishes or such areas as designated in an executive order or proclamation of the governor or parish president. See Louisiana Revised Statutes 29:723
  • Designated gaming area: means the contiguous area of an eligible live racing facility at which gaming may be conducted in accordance with the provisions of this Chapter, determined by measuring the area, in square feet, inside the interior walls of the licensed eligible facility, excluding any space therein in which gaming activities may not be conducted, such as bathrooms, stairwells, cage and beverage areas, and emergency evacuation routes of any width that meet or exceed the minimum size required by law. See Louisiana Revised Statutes 27:353
  • Designated member: means the spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler, or any person who inherits under the deceased individual's will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise, through a valid testamentary device by the deceased individual, succeeded the deceased individual in the wholesaler's business, or has succeeded to the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument which has been previously approved by the supplier; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. See Louisiana Revised Statutes 26:802
  • Designated representative: is a person in a position of authority within the company he represents, such as a partner of a partnership, an officer or director of a corporation, the proprietor of a proprietorship, or anyone who acts in a managerial capacity. See Louisiana Revised Statutes 23:1176
  • Destruction: shall mean intentionally or inadvertently destroying components of a historic cemetery by violent disintegration of its fabric so as to reduce the components to ruin. See Louisiana Revised Statutes 25:933
  • Devise: To gift property by will.
  • Diagnosis: means the art and science of determining the presence of disease in an individual and distinguishing one disease from another. See Louisiana Revised Statutes 28:2
  • directly: when used in connection with an obligation, means that the designated obligor is primarily liable on the instrument representing the obligation. See Louisiana Revised Statutes 22:601.1
  • Director: means the director of the program. See Louisiana Revised Statutes 17:1989.2
  • directory: means the directory compiled by the attorney general under Louisiana Revised Statutes 26:901
  • directory: means the directory compiled by the attorney general under Louisiana Revised Statutes 13:5072
  • Disaster: means the result of a natural or man-made event which causes loss of life, injury, and property damage, including but not limited to natural disasters such as hurricane, tornado, storm, flood, high winds, and other weather related events, forest and marsh fires, and man-made disasters, including but not limited to nuclear power plant incidents, hazardous materials incidents, oil spills, explosion, civil disturbances, public calamity, acts of terrorism, hostile military action, and other events related thereto. See Louisiana Revised Statutes 29:723
  • Disaster preparedness or relief organization: means an entity that provides emergency preparedness services or disaster relief services that include health services provided by volunteer health practitioners, and that meets either of the following:

                (a) Is designated or recognized as a provider of those services pursuant to a disaster response and recovery plan adopted by an agency of the federal government or by the Governor's Office of Homeland Security and Emergency Preparedness or the Louisiana Department of Health. See Louisiana Revised Statutes 29:782

  • Discharge: means the full or conditional release from a treatment facility of any person admitted or otherwise detained under this Chapter. See Louisiana Revised Statutes 28:2
  • Discharge: means the placing, releasing, spilling, percolating, draining, pumping, leaking, seeping, emitting, or other escaping of pollutants into the air, waters, subsurface water, or ground as the result of a prior act or omission; or the placing of pollutants into pits, drums, barrels, or similar containers under conditions and circumstances that leaking, seeping, draining, or escaping of the pollutants can be reasonably anticipated. See Louisiana Revised Statutes 30:2004
  • 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
  • Distressed neighborhood business district: shall mean a defined geographic area which includes buildings and structures which have housed businesses or other commercial activities and also includes adjacent residential areas  and which defined geographic area has pervasive poverty and unemployment, a high incidence of crime, narcotics use, homelessness, abandoned housing and deteriorated infrastructure, substantial population decline, or other similar indicators of general distress. See Louisiana Revised Statutes 25:1270.2
  • 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 a local or regional economic development district created pursuant to this Chapter. See Louisiana Revised Statutes 33:9039.103
  • District indigent defender fund: means the judicial district indigent defender fund as provided for in Louisiana Revised Statutes 15:143
  • District manager: means the manager of the district. See Louisiana Revised Statutes 33:9039.13
  • District office: means the office of a district public defender as provided for in Louisiana Revised Statutes 15:143
  • 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
  • Districts: means , collectively, Sewer District No. See Louisiana Revised Statutes 33:7801
  • Dividend protections: means provisions in a plan of reorganization designed to protect, through a closed block or other means, the reasonable dividend expectations of policyholders who own individual, dividend-paying policies. See Louisiana Revised Statutes 22:236
  • Dividend protections: means provisions in a plan of reorganization designed to protect, through a closed block or other means, the reasonable dividend expectations of policyholders who own individual, dividend-paying policies. See Louisiana Revised Statutes 22:237.2
  • Division: shall mean the office of cultural development, division of archaeology, within the department. See Louisiana Revised Statutes 25:933
  • 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
  • Dollar roll transaction: means two simultaneous transactions with different settlement dates no more than ninety-six days apart, so that in the transaction with the earlier settlement date, an insurer sells to a business entity, and in the other transaction the insurer is obligated to purchase from the same business entity, substantially similar securities of any of the following types:

                (a) Asset-backed securities issued, assumed, or guaranteed by the Government National Mortgage Association, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or their respective successors. See Louisiana Revised Statutes 22:601.1

  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • 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
  • Early intervention services: means developmental services that:

                (a) Are provided under public supervision. See Louisiana Revised Statutes 28:462

  • Effective date: means the date upon which the reorganization of the reorganizing mutual is effective, as provided in Louisiana Revised Statutes 22:236
  • Effective date: means the date upon which the reorganization of the reorganizing mutual is effective, as provided in Louisiana Revised Statutes 22:237.2
  • Eligible entity: shall mean a nonprofit organization designated by a municipality to receive grants pursuant to the provisions of this Chapter and which has been designated as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. See Louisiana Revised Statutes 25:1270.2
  • Eligible facility: means no more than one facility in St. See Louisiana Revised Statutes 27:353
  • Eligible member: means a person who, on the adoption date, owns, or is deemed by the plan of reorganization to own, a policy of a mutual insurer or a reorganized insurer that is, or that is deemed by the plan of reorganization to be, in force with such insurer on such adoption date, or a person who is deemed eligible by the plan of reorganization. See Louisiana Revised Statutes 22:236
  • Eligible member: means a person who, on the adoption date, owns, or is deemed by the plan of reorganization to own, a policy of a mutual insurer or a reorganized insurer that is, or that is deemed by the plan of reorganization to be, in force with such insurer on such adoption date, or a person who is deemed eligible by the plan of reorganization. See Louisiana Revised Statutes 22:237.2
  • Emergency: means :

                (a) The actual or threatened condition which has been or may be created by a disaster; or

                (b)(i) Any natural or man-made event which results in an interruption in the delivery of utility services to any consumer of such services and which affects the safety, health, or welfare of a Louisiana resident; or

                (ii) Any instance in which a utility's property is damaged and such damage creates a dangerous condition to the public. See Louisiana Revised Statutes 29:723

  • Emergency declaration: means a declaration of emergency issued by the governor under the authority of Louisiana Revised Statutes 29:782
  • Emergency Management Assistance Compact: means the interstate compact approved by the United States Congress by Public Law No. See Louisiana Revised Statutes 29:782
  • Emergency preparedness: means the mitigation of, preparation for, response to, and the recovery from emergencies or disasters. See Louisiana Revised Statutes 29:723
  • Employee: means a person currently employed, laid off, terminated with reemployment rights, or on leave of absence who is permitted, required, or directed to engage in any employment by an employer in consideration of direct or indirect gain or profit. See Louisiana Revised Statutes 30:2351.1
  • 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

  • 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;

                B. 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
  • 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.
  • Enrollee: means an individual who is enrolled in a health maintenance organization. See Louisiana Revised Statutes 22:242
  • Enterprise risk: means any activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including but not limited to anything that would cause the insurer's risk-based capital to fall into company action level as set forth in Louisiana Revised Statutes 22:691.2
  • 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 a person other than an individual. See Louisiana Revised Statutes 29:782
  • 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
  • Equivalent securities: means :

                (a) In a securities lending transaction, securities that are identical to the loaned securities in all features including the amount of the loaned securities, except as to the certificate number if held in physical form, but if any different security shall be exchanged for a loaned security by recapitalization, merger, consolidation, or other corporate action, the different security shall be considered to be the loaned security. See Louisiana Revised Statutes 22:601.1

  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established residential neighborhood: means a defined geographic area which has consisted of buildings and structures for housing individuals and families which has existed as a residential neighborhood since before 1971. See Louisiana Revised Statutes 25:1271.2
  • Evacuation: means an operation whereby all or part of a particular population is temporarily relocated, whether individually or in an organized manner, from an area in which a disaster or emergency has been declared and is considered dangerous for health or safety of the public. See Louisiana Revised Statutes 29:723
  • Evidence of coverage: means any certificate, agreement, or contract issued to an enrollee setting out the coverage to which the enrollee is entitled by reason of payment of a prepaid charge. See Louisiana Revised Statutes 22:242
  • Ex officio: Literally, by virtue of one's office.
  • Exchange-traded fund: means funds registered as open-end investment companies or unit investment trusts under 15 U. See Louisiana Revised Statutes 22:601.1
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Exercise of religion: means the practice or observance of religion under Article 1, Section 8, of the Constitution of Louisiana and the First Amendment of the Constitution of the United States of America and includes the ability to act or refuse to act in a manner substantially motivated by a sincerely-held religious belief, whether or not the exercise is compulsory or a central part or central requirement of the person's religious belief. See Louisiana Revised Statutes 13:5234
  • Exporter license: means the stamping agent designation as set forth in Louisiana Revised Statutes 26:901
  • 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 a part or portion of an establishment which is designed so as to impede a minor's access to a vending machine by walls or other separation in combination with signs designed to notify the public that persons under the age of eighteen are prohibited from the area. See Louisiana Revised Statutes 26:901
  • Facility: means a pollution source or any public or private property or facility where an activity is conducted which is required to be regulated under this Subtitle and which does or has the potential to do any of the following:

                (a) Emit air contaminants into the atmosphere. See Louisiana Revised Statutes 30:2004

  • 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
  • FBI rap back system: means a service maintained by the Federal Bureau of Investigation to provide authorized noncriminal and criminal justice agencies ongoing status notifications of any criminal history subsequently reported to the FBI in its criminal history system after the initial criminal or civil transaction. See Louisiana Revised Statutes 15:576
  • Federal reserve: means the Board of Governors of the Federal Reserve System, as provided in Louisiana Revised Statutes 22:691.2
  • 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 simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: means any person, firm, partnership, association, or state bank, including a usufructuary, who or which occupies a position of peculiar confidence toward any person, firm, association, partnership, trust, or estate. See Louisiana Revised Statutes 6:201
  • First responders: means the first arriving organized responders with the capability and mission to contain, mitigate, and resolve the emergency at hand, including but not limited to state agency essential workers. See Louisiana Revised Statutes 29:723
  • Floor: means an agreement obligating the seller to make payments to the buyer in which each payment is based on the amount by which a predetermined number, sometimes called the floor rate or price, exceeds a reference price, level, performance, or value of one or more underlying interests. See Louisiana Revised Statutes 22:601.1
  • Forced evacuation: means an evacuation that may be ordered as a last resort when a disaster or emergency has been declared and danger of loss of life is imminent, and conditions exist that critically imperil or endanger the lives of those in a defined area. See Louisiana Revised Statutes 29:723
  • 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
  • Foreign currency: means a currency other than that of a domestic jurisdiction. See Louisiana Revised Statutes 22:601.1
  • Foreign jurisdiction: means a jurisdiction other than a domestic jurisdiction. See Louisiana Revised Statutes 22:601.1
  • 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
  • Functional vision assessment: is a n organized plan for observing how a student uses vision to perform routine tasks within the educational environment and assesses whether a visual impairment is interfering with the student's ability to access educational content. See Louisiana Revised Statutes 17:1982
  • 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
  • Future: means an agreement, traded on a qualified exchange or qualified foreign exchange, to make or take delivery of, or effect a cash settlement based on the actual or expected price, level, performance, or value of, one or more underlying interests. See Louisiana Revised Statutes 22:601.1
  • 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
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. See Louisiana Revised Statutes 26:802
  • Governing authority: means the governing authority of the city of New Orleans. See Louisiana Revised Statutes 33:9100.1
  • Governing body: means the board or body in which the bond issuing power of a governmental unit is vested. See Louisiana Revised Statutes 13:5121
  • Government sponsored enterprise: means any of the following:

                (a) Governmental agency. See Louisiana Revised Statutes 22:601.1

  • governmental agency: means any of the following:

    (a)  Any board, commission, court, department, agency, special district, authority, or other entity of the state. See Louisiana Revised Statutes 13:5234

  • Governmental unit: means the state of Louisiana, municipalities, parishes, parish and municipal school boards and districts, levee boards and districts, housing authorities, bridge authorities, community improvement agencies, redevelopment agencies, all other political subdivisions of the state, public trusts, corporations, districts, boards, authorities, agencies, and units of local government and nonprofit corporations created by or governed by the governing authorities of parishes or municipalities, any special service districts, such as water, sewerage, garbage, and lighting districts created by or pursuant to legislative acts and any other districts, boards, authorities, and agencies of the state of Louisiana authorized to issue bonds. See Louisiana Revised Statutes 13:5121
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Grave space: shall mean a grave, crypt, vault, niche, tomb, lawn crypt, or any other property used or intended to be used for the interment of human remains. See Louisiana Revised Statutes 25:933
  • Group capital calculation instructions: means the group capital calculation instructions as adopted by the NAIC and as amended by the NAIC in accordance with the procedures adopted by the NAIC. See Louisiana Revised Statutes 22:691.2
  • Group-wide supervisor: means the regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined or acknowledged by the commissioner pursuant to Louisiana Revised Statutes 22:691.2
  • Guaranteed or insured: when used in connection with an obligation acquired pursuant to this Subpart, means that the guarantor or insurer has agreed to one of the following:

                (a) Perform or insure the obligation of the obligor or purchase the obligation. See Louisiana Revised Statutes 22:601.1

  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hazardous financial condition: means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to:

    (a)  Meet obligations to policyholders with respect to known claims and reasonably anticipated claims. See Louisiana Revised Statutes 22:482

  • Hazardous financial condition: means that, based upon its present or reasonably anticipated financial condition, a captive insurer, although not yet financially impaired or insolvent, is unlikely to be able to:

                (a) Meet obligations to policyholders with respect to known claims and reasonably anticipated claims. See Louisiana Revised Statutes 22:550.2

  • Health care provider: means a clinic, person, corporation, facility, or institution which provides health care or professional services by a physician, dentist, registered or licensed practical nurse, pharmacist, optometrist, podiatrist, chiropractor, physical therapist, psychologist, or psychiatrist, and any officer, employee, or agent thereof acting in the course and scope of his service or employment. See Louisiana Revised Statutes 29:762
  • Health care provider: means a hospital, a person, corporation, facility, or institution licensed by the state to provide health care or professional services as a physician, hospital, dentist, registered or licensed practical nurse, pharmacist, optometrist, podiatrist, chiropractor, physical therapist, occupational therapist, psychologist, graduate social worker or licensed clinical social worker, psychiatrist, or licensed professional counselor, and any officer, employee, or agent thereby acting in the course and scope of his employment. See Louisiana Revised Statutes 23:1021
  • Health care services: means any services rendered by providers which include but are not limited to medical and surgical care; psychological, optometric, optic, chiropractic, podiatric, nursing, and pharmaceutical services; health education, rehabilitative, and home health services; physical therapy; inpatient and outpatient hospital services; dietary and nutritional services; laboratory and ambulance services; and any other services for the purpose of preventing, alleviating, curing, or healing human illness, injury, or physical disability. See Louisiana Revised Statutes 22:242
  • Health facility: means an entity licensed under the laws of this or another state to provide health services. See Louisiana Revised Statutes 29:782
  • Health maintenance organization: means any corporation organized as either a business corporation or a nonprofit corporation and domiciled in this state which undertakes to provide or arrange for the provision of basic health care services to enrollees in return for a prepaid charge. See Louisiana Revised Statutes 22:242
  • Health organization: means a health maintenance organization licensed under Subpart I of Part I of this Chapter, a limited health service organization which bears risk, dental or vision plan which bears risk, hospital, medical and dental indemnity or service corporation which bears risk, provider-sponsored organization which bears risk, or other risk-bearing managed care organization licensed under this Title. See Louisiana Revised Statutes 22:631
  • Health practitioner: means an individual licensed under the laws of this or another state to provide health services. See Louisiana Revised Statutes 29:782
  • Health services: means the provision of treatment, care, advice or guidance, or other services, or supplies, related to the health or death of individuals or human populations, to the extent necessary to respond to a declared emergency, including:

                (a) The following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:

                (i) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care. See Louisiana Revised Statutes 29:782

  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Hedging transaction: means a derivative transaction which is entered into and maintained to reduce one of the following:

                (a) The risk of a change in the value, yield, price, cash flow, or quantity of assets or liabilities which the insurer has acquired or incurred or anticipates acquiring or incurring. See Louisiana Revised Statutes 22:601.1

  • Highly rated: means an investment rated "P-1" by Moody's Investors Service, Inc. See Louisiana Revised Statutes 22:601.1
  • Historic cemetery: shall mean any abandoned cemetery located in the state that is more than fifty years old and is not subject to the laws, rules, and regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 25:933
  • Homeland: means the state of Louisiana, and where the context requires, means the parishes of the state of Louisiana, "the United States". See Louisiana Revised Statutes 29:723
  • 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
  • Host entity: means an entity operating in this state which uses volunteer health practitioners to respond to an emergency. See Louisiana Revised Statutes 29:782
  • hotel: as used in this Chapter shall mean and include any establishment, either public or private, engaged in the business of furnishing or providing rooms and overnight camping facilities intended or designed for dwelling, lodging, or sleeping purposes to transient guests when such establishment consists of two or more guest rooms and does not encompass any hospital, convalescent or nursing home or sanitarium, or any hotel-like facility operated by or in connection with a hospital or medical clinic providing rooms exclusively for patients and their families. See Louisiana Revised Statutes 33:9039.124
  • Human remains: means the body or parts thereof of a deceased person and includes the body or parts thereof in any stage of decomposition, as well as cremated remains. See Louisiana Revised Statutes 25:953
  • Human skeletal remains: shall mean any part of the body of a deceased human being in any stage of decomposition. See Louisiana Revised Statutes 25:933
  • IDEA: means the federal Individuals with Disabilities Education Act. See Louisiana Revised Statutes 28:462
  • 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
  • Importer: means any person in the United States to whom non-tax-paid cigarettes manufactured in a foreign country are shipped or consigned, any person who removes cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse, and any person who smuggles or otherwise unlawfully brings cigarettes into the United States. See Louisiana Revised Statutes 13:5072
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Income: means , as to a security, interest, accrual of discount, dividends, or other distributions, such as rights, tax or assessment credits, warrants and distributions in kind. See Louisiana Revised Statutes 22:601.1
  • 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.
  • indigent defender: means an attorney employed by or under contract with the board, the office, or a district public defender to provide legal counsel to an indigent person in a criminal proceeding. See Louisiana Revised Statutes 15:143
  • indigent defender: means an attorney employed by or under contract with the board, the district public defender, or a nonprofit organization contracting with the board or the district public defender to provide representation, including curatorship appointments, to indigent or absent parents in child abuse and neglect cases as required by the provisions of the Children's Code. See Louisiana Revised Statutes 15:185.2
  • indigent defender services: means the providing of legal services to indigent persons in criminal proceedings in which the right to counsel attaches under the United States and Louisiana constitutions. See Louisiana Revised Statutes 15:143
  • Individualized Education Program: means a written statement developed for a student eligible for special education services pursuant to the Individuals with Disabilities Education Act, Louisiana Revised Statutes 17:1982
  • Infant or toddler with a disability: means an individual under three years of age who needs early intervention services because of either of the following:

                (i) The individual is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in the areas of cognitive development, physical development, communication development, social or emotional development, or adaptive development. See Louisiana Revised Statutes 28:462

  • Infectious disease: means a disease caused by a living organism or other pathogen, including a fungus, bacteria, parasite, protozoan, or virus. See Louisiana Revised Statutes 29:762
  • Infectious waste: means :

                (a) "Biological waste" which includes blood and blood products, excretions, exudates, secretions, suctioning and other body fluids, and waste materials saturated with blood or body fluids. See Louisiana Revised Statutes 29:762

  • Inspection: means :

                (a) A surface-by-surface investigation to determine the presence of lead hazards. See Louisiana Revised Statutes 30:2351.1

  • Inspector: means a person certified pursuant to the provisions of this Chapter who conducts inspections. See Louisiana Revised Statutes 30:2351.1
  • Insurance: means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this state. See Louisiana Revised Statutes 22:482
  • Insurance future: means a future relating to an index or pool that is based on insurance-related items. See Louisiana Revised Statutes 22:601.1
  • insurance holding company system: consists of two or more affiliated persons, one or more of which is an insurer. See Louisiana Revised Statutes 22:691.2
  • insurer: means any person, firm, association, or corporation licensed to transact property and casualty insurance business in this state. See Louisiana Revised Statutes 22:552
  • Insurers: means insurance companies and group self-insurance associations, by whatever names. See Louisiana Revised Statutes 23:1176
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Internationally active insurance group: means an insurance holding company system that:

                (a) Includes an insurer registered pursuant to Louisiana Revised Statutes 22:691.2

  • Interoperability: means the ability of two or more systems or their components to exchange information and to use the information exchanged. See Louisiana Revised Statutes 29:723
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Investment company: means an investment company as defined in 15 U. See Louisiana Revised Statutes 22:601.1
  • Investment company series: means an investment portfolio of an investment company that is organized as a series company and to which assets of the investment company have been specifically allocated. See Louisiana Revised Statutes 22:601.1
  • Investment practices: means transactions of the types described in Louisiana Revised Statutes 22:601.1
  • Investment subsidiary: means a subsidiary of an insurer engaged or organized to engage exclusively in the ownership and management of assets authorized as investments for the insurer if each subsidiary agrees to limit its investment in any asset so that its investments will not cause the amount of the total investment of the insurer to exceed any of the investment limitations or avoid any other provisions of this Subpart applicable to the insurer. See Louisiana Revised Statutes 22:601.1
  • Isolated grave: shall mean any marked grave site that is not part of a larger cemetery and is not subject to the laws, rules, and regulations of the board or Chapter 10-A of Title 8 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 25:933
  • Isolation: means the physical separation and confinement of an individual or groups of individuals who are infected or are reasonably believed to be infected with a contagious or possibly contagious disease from non-isolated individuals, to prevent or limit the transmission of the disease to non-isolated individuals. See Louisiana Revised Statutes 29:762
  • Issued shares: means outstanding shares. See Louisiana Revised Statutes 6:201
  • 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 tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • Know: means to have actual knowledge. See Louisiana Revised Statutes 17:2351
  • 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
  • Large development: means any development other than single-family development, a multi-family development or a commercial development. See Louisiana Revised Statutes 33:9100.1
  • Laws: means the society's articles of incorporation, constitution, and bylaws, however designated. See Louisiana Revised Statutes 22:284
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lead contractor: means any person employing workers engaged in lead hazard reduction activities and a self-employed individual who engages in lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1
  • Lead hazard: means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the secretary; and shall include lead-based paint as defined by the Residential Lead-Based Paint Hazard Reduction Act of 1992. See Louisiana Revised Statutes 30:2351.1
  • Lead hazard reduction activities: means the assessment of lead hazards, and the planning, implementation, and inspection of abatement activities, as determined by the secretary; and shall include lead-based paint activities as defined by the Residential Lead-Based Paint Hazard Reduction Act of 1992. See Louisiana Revised Statutes 30:2351.1
  • Lead-contaminated waste: means any discarded material resulting from an abatement activity that fails the toxicity characteristic determined by the secretary due to the presence of lead or any material that is a mixture of discarded material resulting from an abatement activity and some other material. See Louisiana Revised Statutes 30:2351.1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liability: means legal liability for damages including costs of defense, legal costs and fees, and other claims expenses because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from, or arising out of:

    (i)  Any business, whether profit or nonprofit, trade, product, services including professional services, premises, or operations. See Louisiana Revised Statutes 22:482

  • License: means authorization by a state to engage in health services that are unlawful without the authorization. See Louisiana Revised Statutes 29:782
  • License: means the authorization applied for by or issued to the owner of an eligible facility by the board to conduct slot machine gaming at an eligible facility issued pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 27:353
  • License: means an authorization issued by the State Licensing Board for Contractors that allows a person to engage in certain lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1
  • License fee: means the privilege, tax, or fee imposed by this Chapter. See Louisiana Revised Statutes 32:401
  • licensed and in good standing: means a current, unrestricted license or other authority issued by the professional licensing authority of another state to provide the health services sought or to be rendered in this state during a declared emergency. See Louisiana Revised Statutes 29:782
  • Licensee: means any person issued a license by the board. See Louisiana Revised Statutes 27:353
  • Life or health and accident insurer: means any insurance company possessing a certificate of authority in the state that issues the kind of insurance listed in Louisiana Revised Statutes 22:611
  • Limited liability company: means a business organization, excluding partnerships and ordinary business corporations, organized or operating under the laws of the United States or any state thereof that limits the personal liability of investors to the equity investment of the investor in the business entity. See Louisiana Revised Statutes 22:601.1
  • Listed bond fund: means a mutual fund, or an exchange-traded fund, that at all times is listed as eligible for reporting as a long-term bond within the Purposes and Procedures Manual of the NAIC Investment Analysis Office or any successor publication. See Louisiana Revised Statutes 22:601.1
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • local governmental entity: shall mean the political subdivision or political corporation authorized to execute a cooperative endeavor agreement under this Chapter. See Louisiana Revised Statutes 33:7633
  • Local governmental subdivision: means a parish of the state of Louisiana. See Louisiana Revised Statutes 29:723
  • Lodge: means subordinate member units of the society, known as camps, courts, councils, branches, or by any other designation. See Louisiana Revised Statutes 22:284
  • Mandatory evacuation: means an evacuation that may be ordered when a disaster or emergency has been declared and danger is imminent, conditions exist that seriously imperil or endanger the lives of those in a defined area, and government officials strongly urge and order all persons in designated evacuation areas to relocate to safer locations for their own safety. See Louisiana Revised Statutes 29:723
  • Mandatory-control level risk-based capital: means seven-tenths of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
  • Mandatory-control level risk-based capital: means the product of seventy hundredths and the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
  • Manufacturer: means anyone engaged in the manufacture, production, or foreign importation of tobacco products who sells to wholesalers. See Louisiana Revised Statutes 26:901
  • Manufacturer: means any person who manufactures or assembles and programs slot machines for use in this state. See Louisiana Revised Statutes 27:353
  • Market value: means :

                (a) As to cash and letters of credit, the amounts thereof. See Louisiana Revised Statutes 22:601.1

  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Master Settlement Agreement: means the settlement agreement, and related documents, entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. See Louisiana Revised Statutes 13:5062
  • Meeting: means the cost containment meeting approved by the office of worker's compensation. See Louisiana Revised Statutes 23:1176
  • Member: means : (a) with respect to a mutual insurer, a policyholder who owns or is deemed by the plan of reorganization to own a policy of the mutual insurer; or (b) with respect to a mutual insurance holding company, a member of such mutual insurance holding company, as defined in such company's articles of incorporation and bylaws or as defined in the plan of reorganization. See Louisiana Revised Statutes 22:236
  • Member: means : (a) with respect to a mutual insurer, a policyholder who owns or is deemed by the plan of reorganization to own a policy of the mutual insurer; or (b) with respect to a mutual insurance holding company, a member of such mutual insurance holding company, as defined in such company's articles of incorporation and bylaws or as defined in the plan of reorganization. See Louisiana Revised Statutes 22:237.2
  • Member organization: means any corporation, partnership, association or other form of business organization that belongs to an association. See Louisiana Revised Statutes 22:550.2
  • Mental health support personnel: includes but is not limited to psychiatrists, psychologists, social workers, and volunteer crisis counseling groups. See Louisiana Revised Statutes 29:762
  • Minor: means a person who has not yet attained eighteen years of age. See Louisiana Revised Statutes 17:2351
  • Modification: shall mean the altering of the original substance of a grave space. See Louisiana Revised Statutes 25:933
  • Money market mutual fund: means a mutual fund that meets the conditions of Louisiana Revised Statutes 22:601.1
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgage loan: means an obligation secured by a mortgage, deed of trust, trust deed, or other consensual lien on real estate. See Louisiana Revised Statutes 22:601.1
  • Mortgage-backed security: means debt obligations, including collateralized mortgage obligations, which represent claims to the cash flows from pools of mortgage loans made by financial institutions. See Louisiana Revised Statutes 22:601.1
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means and includes automobiles, trucks, truck-tractors, trailers, semitrailers, and motorcycles, propelled by steam, gasoline, electricity, or any other source of energy other than muscular power, except electric-assisted bicycles, farm implements temporarily operated or moved on a highway or vehicles operated only on rails or tracks constructed therefor. See Louisiana Revised Statutes 32:401
  • 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 and an electric-assisted bicycle or a motorized bicycle. See Louisiana Revised Statutes 32:401
  • Multi-family development: means any building that is designed to house more than one family, including, but not limited to duplexes, condominiums and apartment buildings. See Louisiana Revised Statutes 33:9100.1
  • Multilateral development bank: means an international development organization of which the United States is a member. See Louisiana Revised Statutes 22:601.1
  • Mutual fund: means an investment company or, in the case of an investment company that is organized as a series company, an investment company series, that, in either case, is registered with the United States Securities and Exchange Commission under 15 U. See Louisiana Revised Statutes 22:601.1
  • NAIC: means the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:601.1
  • NAIC: means the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:611
  • NAIC: means the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:691.2
  • NAIC liquidity stress test framework: means the separate NAIC publication which includes a history of the NAIC's development of regulatory liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity stress test instructions and reporting templates for a specific data year, such scope criteria, instructions, and reporting template being as adopted by the NAIC and amended by the NAIC in accordance with the procedures adopted by the NAIC. See Louisiana Revised Statutes 22:691.2
  • Necessary designation and credentials: means appropriate credentials obtained from the parish homeland security and emergency preparedness agency or any regional cooperative of parish homeland security and emergency preparedness agencies. See Louisiana Revised Statutes 29:723
  • Net slot machine proceeds: means the total of all cash and property received by a licensee from slot machine gaming operations minus the amount of cash or prizes paid to winners and five million dollars annually directly attributable to promotional play wagers. See Louisiana Revised Statutes 27:353
  • 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.
  • Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Louisiana Revised Statutes 13:5072
  • Obligation: means any bond and any cooperative endeavor agreement, financing or loan agreement, lease, sublease, or other agreement creating an obligation to repay borrowed money or for a duty to be performed. See Louisiana Revised Statutes 33:9039.103
  • Obligation: means a bond, note, debenture, trust certificate including an equipment certificate, production payment, negotiable bank certificate of deposit, bankers' acceptance, and other evidence of indebtedness for the payment of money, or participations, certificates, or other evidences of an interest in any of the foregoing, whether constituting a general obligation of the issuer or payable only out of certain revenues or certain funds pledged or otherwise dedicated for payment. See Louisiana Revised Statutes 22:601.1
  • Office: means the office of the state public defender authorized to:

                (a) Regulate and fund public defender services and provide financial support to other service programs that provide services to persons adjudicated in the criminal justice system. See Louisiana Revised Statutes 15:143

  • Office: means the office of the state public defender as created by Louisiana Revised Statutes 15:185.2
  • Office: means the office of workers' compensation administration established pursuant to Louisiana Revised Statutes 23:1021
  • Option: means an agreement giving the buyer the right to buy or receive, known as a "call option" sell or deliver, known as a "put option" enter into, extend or terminate or effect a cash settlement based on the actual or expected price, level, performance, or value of one or more underlying interests. See Louisiana Revised Statutes 22:601.1
  • 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
  • Overhead: means salaries, rent, and other operating expenses of the district exclusive of program or development expenses. See Louisiana Revised Statutes 33:9039.103
  • Package: means any pack or other container on which a stamp could be applied consistent with and as required by Louisiana Revised Statutes 13:5072
  • Parent: means a person who meets the definition of such term in federal regulations relative to early intervention programs for infants and toddlers with disabilities and their families (Louisiana Revised Statutes 28:462
  • Parent: means a person who is the biological mother or father of an individual or the legally adoptive mother or father of an individual. See Louisiana Revised Statutes 28:2
  • Parent: means a person whose parental rights have not been terminated. See Louisiana Revised Statutes 17:2351
  • Parent: means a corporation, limited liability company, partnership, association or other form of business organization that directly or indirectly owns, controls or holds with power to vote more than fifty-one percent of the outstanding voting securities of a captive insurer organized as a stock corporation. See Louisiana Revised Statutes 22:550.2
  • Parent corporation: means a stock corporation that is or has been organized for the purpose of acquiring, directly or indirectly, all of the common shares of a reorganized insurer. See Louisiana Revised Statutes 22:236
  • Parent corporation: means a corporation, including a limited liability company, that is or has been organized for the purpose of acquiring, directly or indirectly, all of the common shares of a reorganized insurer. See Louisiana Revised Statutes 22:237.2
  • Parish: means the parish of St. See Louisiana Revised Statutes 33:7801
  • Parish president: means the president of any parish, mayor-president, mayor of New Orleans (Orleans Parish), or police jury president. See Louisiana Revised Statutes 29:723
  • Part: means an organ, an eye, or tissue of a human being. See Louisiana Revised Statutes 17:2351
  • Participating manufacturer: has the meaning given that term in section II (jj) of the Master Settlement Agreement and all amendments thereto. See Louisiana Revised Statutes 13:5072
  • Participating parish or municipality: means any parish or municipal governing authority in the state undertaking to form a district under this Chapter. See Louisiana Revised Statutes 33:9039.103
  • Patient: means any person detained and taken care of as a person who has a mental illness or person who is suffering from a substance-related or addictive disorder. See Louisiana Revised Statutes 28:2
  • Payor: means the entity responsible, whether by law or contract, for the payment of benefits incurred by a claimant as a result of a work related injury. See Louisiana Revised Statutes 23:1021
  • Person: means any natural person, trustee, company, partnership, corporation, or other legal entity. See Louisiana Revised Statutes 26:901
  • Person: means an individual, corporation, business trust, 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 29:782
  • 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 an individual, partnership, committee, association, corporation, or any other organization or group of persons. See Louisiana Revised Statutes 13:5062
  • Person: means any natural person, trustee, company, partnership, corporation, or other legal entity. See Louisiana Revised Statutes 13:5072
  • person: includes an individual and also includes a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under Section 501(c)(3) or (d) of the Internal Revenue Code of 1986 (Public law 99-514, Louisiana Revised Statutes 13:5234
  • 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 any individual, business entity, governmental body, or other public or private entity including, to the extent not preempted by state or federal law or regulation, the federal government and its agencies. See Louisiana Revised Statutes 30:2351.1
  • Person: means an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, a limited liability company, a limited liability partnership, a government or governmental agency, a state or political subdivision of a state, board, estate, trustee or fiduciary, or any other legal entity. See Louisiana Revised Statutes 22:236
  • Person: means an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, a limited liability company, a limited liability partnership, a government or governmental agency, a state or political subdivision of a state, board, estate, trustee or fiduciary, or any other legal entity. See Louisiana Revised Statutes 22:237.2
  • Person: means any individual, company, insurer, association, organization, reciprocal or inter-insurance exchange, partnership, business, trust, limited liability company, or corporation which provides vehicle mechanical breakdown insurance in this state. See Louisiana Revised Statutes 22:361
  • Person: means any individual, company, insurer, association, organization, reciprocal or inter-insurance exchange, partnership, business, trust, limited liability company, or corporation which provides property residual value insurance in this state. See Louisiana Revised Statutes 22:381
  • Person: means an individual, a business entity, a multilateral development bank, or a government or quasi-governmental body, such as a political subdivision or a government-sponsored enterprise. See Louisiana Revised Statutes 22:601.1
  • Person: means an individual, a corporation, a limited liability company, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert, but shall not include any joint venture partnership exclusively engaged in owning, managing, leasing, or developing immovable or corporeal movable property. See Louisiana Revised Statutes 22:691.2
  • Personal property: All property that is not real property.
  • Personal risk liability: means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in Paragraph (6) of this Section. See Louisiana Revised Statutes 22:482
  • Physician: means a person authorized and licensed to practice medicine or osteopathy under the laws of any state. See Louisiana Revised Statutes 17:2351
  • Place of business: means the place where the tobacco orders, alternative nicotine products orders, or vapor products orders are received, or where the taxable tobacco articles are sold, or if sold by a retail dealer upon a railroad train or on or from any other vehicle, the vehicle on which or from which the taxable articles or alternative nicotine products or vapor products are sold by the retail dealer. See Louisiana Revised Statutes 26:901
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan of operation or a feasibility study: means an analysis which presents the expected activities and results of a risk retention group including, at a minimum:

    (a)  The coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer. See Louisiana Revised Statutes 22:482

  • Plan of reorganization: means the plan of reorganization adopted by the reorganizing mutual in compliance with this Subpart. See Louisiana Revised Statutes 22:236
  • Plan of reorganization: means the plan of reorganization adopted by the reorganizing mutual in compliance with this Subpart. See Louisiana Revised Statutes 22:237.2
  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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.
  • Policy: means an individual or group policy of insurance or annuity contract issued, or deemed by the plan of reorganization to have been issued, by a mutual insurer or by a reorganized insurer. See Louisiana Revised Statutes 22:236
  • Policy: means an individual or group policy of insurance issued, or deemed by the plan of reorganization to have been issued, by a mutual insurer or by a reorganized insurer. See Louisiana Revised Statutes 22:237.2
  • Policyholder: means a person who, on the basis of the records and the organizational documents of the mutual insurer or reorganized insurer, is deemed to be a policyholder of such insurer. See Louisiana Revised Statutes 22:236
  • Policyholder: means a person who, on the basis of the records and the organizational documents of the mutual insurer or reorganized insurer, is deemed to be a policyholder of such insurer. See Louisiana Revised Statutes 22:237.2
  • political subdivision: means :

    (1)  Any parish, municipality, special district, school board, sheriff, public board, institution, department, commission, district, corporation, agency, authority, or an agency or subdivision of any of these, and other public or governmental body of any kind which is not a state agency. See Louisiana Revised Statutes 13:5102

  • Possession: means the exercise of control over human remains. See Louisiana Revised Statutes 25:953
  • Potential exposure: means the amount determined in accordance with the NAIC Annual Statement Instructions, as amended. See Louisiana Revised Statutes 22:601.1
  • Power cycle: means every motor vehicle propelled by an engine developing not more than five brake horse power, designed to travel on not more than three wheels, at a speed under thirty-five miles per hour, and equipped with brakes adequate to stop such vehicle upon a reasonably clean, dry, level surface within forty-five feet from the spot where the brakes were first applied when the vehicle is travelling at twenty miles per hour. See Louisiana Revised Statutes 32:401
  • 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
  • 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.
  • Preferred stock: means preferred, preference, or guaranteed stock of a business entity authorized to issue the stock, that has a preference in liquidation over the common stock of the business entity. See Louisiana Revised Statutes 22:601.1
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Premiums: means premiums, rates, dues, or other required contributions by whatever name known, which are payable under the certificate. See Louisiana Revised Statutes 22:284
  • 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.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • 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.
  • Producer: means an insurance producer as defined in Louisiana Revised Statutes 22:552
  • Product liability: means the liability for personal injury and property damages arising from the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product as defined and construed by the laws of this state. See Louisiana Revised Statutes 22:482
  • Program: shall mean the Louisiana Historic Cemetery Preservation Program. See Louisiana Revised Statutes 25:933
  • Program: shall mean the Neighborhood Enhancement Program as established in this Chapter. See Louisiana Revised Statutes 25:1270.2
  • Program: means the Magnolia Street Residential Neighborhood Enhancement Program as established by this Chapter. See Louisiana Revised Statutes 25:1271.2
  • program: means the activities directed toward the accomplishment of providing indigent defender services under the Louisiana Public Defender Act. See Louisiana Revised Statutes 15:143
  • program: means the Indigent Parents' Representation Program required by the Louisiana Children's Code and administered in accordance with the provisions of Louisiana Revised Statutes 15:185.2
  • Program: means the Governor's Program for Gifted Children. See Louisiana Revised Statutes 17:1989.2
  • Program: means the occupational safety and health program approved by the OSHA section pursuant to Louisiana Revised Statutes 23:1176
  • 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: means a capital improvement project including capital equipment funding as more particularly described in Louisiana Revised Statutes 33:9039.103
  • Property: means all classes of movable or immovable property recognized under the laws of this state. See Louisiana Revised Statutes 22:381
  • Property and casualty insurer: means any insurance company possessing a certificate of authority in the state that issues insurance other than the kinds specified in Louisiana Revised Statutes 22:611
  • Property residual value insurer: means any person or organization, whether domestic, foreign, or alien, issuing or attempting to issue property residual value policies as defined herein. See Louisiana Revised Statutes 22:381
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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
  • Provider: means any physician, hospital, or other person, organization, institution, or group of persons licensed or otherwise authorized in this state to furnish health care services. See Louisiana Revised Statutes 22:242
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public entities: means (a) state boards, agencies or commissions, parishes, municipalities, city, parish, and other local school boards and districts, levee boards and districts, port boards and commissions, port, harbor, terminal and industrial districts, drainage and land reclamation districts, all special service districts including but not limited to road, water, sewerage, fire protection, recreation, hospital service, and gas utility districts; (b) all other political subdivisions, special authorities, commissions, public trusts, and boards heretofore or hereafter created by or pursuant to the constitution or statutes of the state, any laws incorporated into or ratified or confirmed by the constitution, or general or special charters of any parish or municipality; and (c) all other units of local government created by or governed by the governing authorities of parishes or municipalities. See Louisiana Revised Statutes 33:9039.103
  • Public entity: means the state, any of its political subdivisions, or any agency or instrumentality of either. See Louisiana Revised Statutes 30:2351.1
  • Public health authority: means the secretary of the Louisiana Department of Health, or his designee, and the state health officer. See Louisiana Revised Statutes 29:762
  • public health emergency: means an occurrence or imminent threat of an illness or health condition that:

                (a) Is believed to be caused by any of the following:

                (i) Bioterrorism. See Louisiana Revised Statutes 29:762

  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchase: means acquisition in any manner, for any consideration. See Louisiana Revised Statutes 26:901
  • Purchase: means acquisition in any manner, for any consideration. See Louisiana Revised Statutes 13:5072
  • Purchasing group: means any group domiciled in any state which:

    (a)  Has as one of its purposes the purchase of liability insurance on a group basis. See Louisiana Revised Statutes 22:482

  • Pure captive insurer: means a captive insurer that insures only the risks of its parent and affiliated companies. See Louisiana Revised Statutes 22:550.2
  • Qualified bank: means any of the following:

                (a) A national bank, state bank, or trust company that at all times is no less than adequately capitalized as determined by standards adopted by United States banking regulators and that is either regulated by state banking laws or is a member of the Federal Reserve System. See Louisiana Revised Statutes 22:601.1

  • Qualified business entity: means a business entity that is one of the following:

                (a) An issuer of obligations or preferred stock that are rated one or two by the SVO or an issuer of obligations, preferred stock or derivative instruments that are rated the equivalent of one or two by the SVO, or by a nationally recognized statistical rating organization recognized by the SVO. See Louisiana Revised Statutes 22:601.1

  • Qualified exchange: means any of the following:

                (a) A securities exchange registered as a national securities exchange or a securities market regulated under Louisiana Revised Statutes 22:601.1

  • Qualified foreign exchange: means a foreign exchange, board of trade, or contract market located outside the United States, its territories, or possessions meeting all of the following criteria:

                (a) That has received regulatory comparability relief under Commodity Futures Trading Commission Rule 30. See Louisiana Revised Statutes 22:601.1

  • Qualified primary credit source: means the credit source to which an insurer looks for payment as to an investment and against which an insurer has a direct claim for full and timely payment, evidenced by a contractual right for which an enforcement action can be brought in a domestic jurisdiction. See Louisiana Revised Statutes 22:601.1
  • Quarantine: means the physical separation and confinement of an individual or groups of individuals, who are or may have been exposed to a contagious or possibly contagious disease and who do not show signs or symptoms of a contagious disease, from non-quarantined individuals, to prevent or limit the transmission of the disease to non-quarantined individuals. See Louisiana Revised Statutes 29:762
  • Randolph-Sheppard Act: means the federal law which enables the Blind Enterprise Program under the authority of Louisiana Revised Statutes 23:3042
  • Real estate: means :

                (a) Any of the following:

                (i) Immovable property. See Louisiana Revised Statutes 22:601.1

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reasonable qualifications: means the standard of the reasonable criteria established and consistently used by the respective supplier for similarly situated wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of twenty-four months prior to the proposed transfer of the wholesaler's business, or for similarly situated wholesalers who have changed managers or designated managers during a period of twenty-four months prior to the proposed change in the manager or successor manager of the wholesaler's business. See Louisiana Revised Statutes 26:802
  • 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
  • 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
  • Refusal: means a record created pursuant to the provisions of Louisiana Revised Statutes 17:2351
  • Regulatory-action level risk-based capital: means one hundred fifty percent of a company's authorized control level risk-based capital. See Louisiana Revised Statutes 22:611
  • Regulatory-action level risk-based capital: means the product of one and one half and the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:631
  • Reinsurer: means a person licensed under this Subpart engaged in the reinsuring of vehicle mechanical reimbursement insurance, residual value insurance, or credit disability insurance policies, or any combination of kinds of insurance. See Louisiana Revised Statutes 22:361
  • Released claims: means released claims as that term is defined in the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
  • Releasing parties: means releasing parties as that term is defined in the Master Settlement Agreement. See Louisiana Revised Statutes 13:5062
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reorganized company: means either: (a) a reorganized insurer resulting from the reorganization of a mutual insurer under this Subpart; or (b) a reorganized insurance holding company. See Louisiana Revised Statutes 22:236
  • Reorganized company: means either: (a) a reorganized insurer resulting from the reorganization of a mutual insurer under this Subpart; or (b) a reorganized insurance holding company. See Louisiana Revised Statutes 22:237.2
  • Reorganized insurance holding company: means a former mutual insurance holding company reorganized as a stock insurance holding company, or a stock insurance holding company into which a mutual insurance holding company has been merged, pursuant to a plan of reorganization under this Subpart. See Louisiana Revised Statutes 22:236
  • Reorganized insurance holding company: means a former mutual insurance holding company reorganized as a stock insurance holding company, or a stock insurance holding company into which a mutual insurance holding company has been merged, pursuant to a plan of reorganization under this Subpart. See Louisiana Revised Statutes 22:237.2
  • Reorganized insurer: means the following:

                (a) With respect to a conversion of a mutual insurer under this Subpart, the domestic stock insurer into which a mutual insurer is being or has been reorganized. See Louisiana Revised Statutes 22:236

  • Reorganized insurer: means the following:

                (a) With respect to a conversion of a mutual insurer under this Subpart, the domestic stock insurer into which a mutual insurer is being or has been reorganized. See Louisiana Revised Statutes 22:237.2

  • Reorganizing mutual: means a mutual insurer or mutual insurance holding company that is reorganizing pursuant to this Subpart. See Louisiana Revised Statutes 22:236
  • Reorganizing mutual: means a mutual insurer or mutual insurance holding company that is reorganizing pursuant to this Subpart. See Louisiana Revised Statutes 22:237.2
  • Replacement cost: means the cost per unit at which the merchandise sold or offered for sale could have been bought by the seller at any time within thirty days prior to the date of sale or the date upon which it is offered for sale by the seller if bought in the same quantity as the seller's last purchase of the merchandise. See Louisiana Revised Statutes 26:901
  • Replication transaction: means a derivative transaction that is intended to replicate the performance of one or more assets that an insurer is authorized to acquire pursuant to this Subpart. See Louisiana Revised Statutes 22:601.1
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Repurchase transaction: means a transaction in which an insurer sells securities to a business entity and is obligated to repurchase the sold securities or equivalent securities from the business entity at a specified price, either within a specified period or upon demand. See Louisiana Revised Statutes 22:601.1
  • Residual value: shall mean the value of property at a specific future time, which value is determined by agreement at the time the contract of lease or sale is entered into. See Louisiana Revised Statutes 22:381
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail dealer: includes every dealer other than a wholesale dealer, or manufacturer who sells or offers for sale cigars, cigarettes, other tobacco products, alternative nicotine products, or vapor products, irrespective of quantity or the number of sales. See Louisiana Revised Statutes 26:901
  • retail sale: means any transfer for valuable consideration, made in the ordinary course of trade or in the usual conduct of the seller's business, of title to tangible movable property to the purchaser. See Louisiana Revised Statutes 26:901
  • Retailer: means "retail dealer" as provided in Louisiana Revised Statutes 13:5072
  • Retained earnings: means the accumulated net income of the mutual state bank since its organization less all distributions to its members. See Louisiana Revised Statutes 6:201
  • Retaliatory action: means the refusal to continue an agreement, or a material reduction in the quality of service or quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Louisiana Revised Statutes 26:802
  • 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
  • Reverse repurchase transaction: means a transaction in which an insurer purchases securities from a business entity that is obligated to repurchase the purchased securities or equivalent securities from the insurer at a specified price, either within a specified period or upon demand. See Louisiana Revised Statutes 22:601.1
  • Revocation: means that the driver's license to drive a motor vehicle on the highways is terminated and shall not be renewed, except that an application for a new license may be presented and acted upon by the department after the expiration of at least one year after revocation. See Louisiana Revised Statutes 32:401
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Risk retention group: means any corporation or other limited liability association formed under the laws of any state, Bermuda, or the Cayman Islands:

    (a)  Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members. See Louisiana Revised Statutes 22:482

  • Risk-based capital instructions: means the risk-based capital report including risk-based capital instructions adopted by the NAIC, as such risk-based capital instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See Louisiana Revised Statutes 22:611
  • Risk-based capital instructions: means the risk-based capital report including risk-based capital instructions adopted by the National Association of Insurance Commissioners, as these risk-based capital instructions may be amended by the National Association of Insurance Commissioners from time to time in accordance with the procedures adopted by the National Association of Insurance Commissioners. See Louisiana Revised Statutes 22:631
  • Risk-based capital level: means an action level risk-based capital, regulatory action level risk-based capital, authorized control level risk-based capital, or mandatory control level risk-based capital of an insurer where:

    (a)  "Authorized-control level risk-based capital" means the number determined under the risk-based capital formula in accordance with the risk-based capital instructions. See Louisiana Revised Statutes 22:611

  • Risk-based capital plan: means a comprehensive financial plan containing the requirements of Louisiana Revised Statutes 22:611
  • Risk-based capital plan: means a comprehensive financial plan containing the elements specified in Louisiana Revised Statutes 22:631
  • Risk-based capital report: means the report required pursuant to Louisiana Revised Statutes 22:611
  • Risk-based capital report: means the report required in Louisiana Revised Statutes 22:631
  • Road hazard: shall include but not be limited to potholes, rocks, curbs, wood debris, other debris, nails, screws, bolts, metal parts, or glass; however, "road hazard" shall not include any damage caused by collision with another vehicle, vandalism, or other causes usually covered under the comprehensive or collision coverages provided by an automobile physical damage policy. See Louisiana Revised Statutes 22:361
  • Rules: means all rules, regulations, or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society. See Louisiana Revised Statutes 22:284
  • Sales entity affiliate: means an entity that sells cigarettes that it acquires directly from a manufacturer or importer and is affiliated with that manufacturer or importer as established by documentation received directly from that manufacturer or importer to the satisfaction of the attorney general. See Louisiana Revised Statutes 26:901
  • Sales Entity Affiliate: means an entity that sells cigarettes that it acquires directly from a manufacturer or importer and is affiliated with that manufacturer or importer as established by documentation received directly from that manufacturer or importer to the satisfaction of the attorney general. See Louisiana Revised Statutes 13:5072
  • Sales territory: means an area of exclusive sales responsibility for the brand or brands of beer sold by a supplier as designated by an agreement. See Louisiana Revised Statutes 26:802
  • School: means the Jimmy D. See Louisiana Revised Statutes 17:1962
  • School: means the Louis Armstrong High School for the Arts. See Louisiana Revised Statutes 17:1970.2
  • School: means the Thrive Academy. See Louisiana Revised Statutes 17:1972
  • Scope of practice: means the extent of the authorization to provide health services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. See Louisiana Revised Statutes 29:782
  • Secretary: means the secretary of the Department of Revenue and includes any of his duly authorized assistants. See Louisiana Revised Statutes 26:901
  • Secretary: means the secretary of the commission. See Louisiana Revised Statutes 23:1
  • Secretary: means the head of the Department of Revenue, which is the agency responsible for collection of the excise tax on cigarettes. See Louisiana Revised Statutes 13:5072
  • Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 22:242
  • Secure registration card: means a secure form of identification which meets the following criteria:

                (a) Is built on nationally recognized standards-based security features and enrollment vetting and issuance processes. See Louisiana Revised Statutes 29:782

  • Secured location: means the contiguous real estate owned by one person. See Louisiana Revised Statutes 22:601.1
  • Securities lending transaction: means a transaction in which securities are loaned by an insurer to a business entity that is obligated to return the loaned securities or equivalent securities to the insurer, either within a specified period or upon demand. See Louisiana Revised Statutes 22:601.1
  • self-generated revenue: means all revenue received by a judicial district including revenue received as a result of grants or donations or other forms of assistance. See Louisiana Revised Statutes 15:143
  • self-generated revenue: means all revenue received by a judicial district except revenue received as a result of grants, donations, or other forms of assistance when the terms and conditions thereof or of agreements pertaining thereto require otherwise. See Louisiana Revised Statutes 15:185.2
  • Self-service display: means any display that contains tobacco products, alternative nicotine products, or vapor products, and is located in an area openly accessible to the retail dealer's customers and from which such customers can readily access tobacco products, alternative nicotine products, or vapor products without the assistance of a salesperson. See Louisiana Revised Statutes 26:901
  • sell: means any transfer, exchange, or barter in any manner or by any means for any consideration. See Louisiana Revised Statutes 26:901
  • sell: means any transfer, exchange, or barter in any manner or by any means for any consideration. See Louisiana Revised Statutes 13:5072
  • Series company: means an investment company that is organized as a series company, as defined in Louisiana Revised Statutes 22:601.1
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service technician: means any person other than a licensee or manufacturer who repairs, services, inspects, or examines slot machines. See Louisiana Revised Statutes 27:353
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shares: means the units into which the stockholders' rights to participate in the control of the state bank, in its profits, or in the distribution of corporate assets are divided. See Louisiana Revised Statutes 6:201
  • Shell business entity: means a business entity having no economic substance, except as a vehicle for owning interests in assets issued, owned, or previously owned by a person domiciled in a foreign jurisdiction. See Louisiana Revised Statutes 22:601.1
  • Short-term: means investments with a remaining term to maturity of ninety days or less. See Louisiana Revised Statutes 22:601.1
  • 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

  • Similarly situated wholesalers: means wholesalers of a supplier that are of a generally comparable size, and operate in markets with similar demographic characteristics, including population size, density, distribution, and vital statistics, as well as reasonably similar economic and geographic conditions. See Louisiana Revised Statutes 26:802
  • sister: includes step-brothers and step-sisters, and brothers and sisters by adoption. See Louisiana Revised Statutes 23:1021
  • Slot machine: means any mechanical, electrical, or other device, contrivance, or machine which, upon insertion of a coin, token, or similar object therein or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens, or anything of value, whether the payoff is made automatically from the machine or in any other manner. See Louisiana Revised Statutes 27:353
  • Slot machine gaming: means the use, operation, offering, or conducting of slot machines at an eligible facility in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 27:353
  • Smokeless tobacco: means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity. See Louisiana Revised Statutes 26:901
  • Smoking tobacco: includes granulated, plug cut, crimp cut, ready rubbed, and any other kind and form of tobacco prepared in such manner as to be suitable for smoking in pipe or cigarette. See Louisiana Revised Statutes 26:901
  • Society: means fraternal benefit society. See Louisiana Revised Statutes 22:284
  • Specimens: include but are not limited to blood, sputum, urine, stool, other bodily fluids, wastes, tissues, and cultures necessary to perform required tests. See Louisiana Revised Statutes 29:762
  • Stamp: means the impression, device, stamp, label, or print manufactured or printed as prescribed by the secretary by the use of which the tax levied hereunder is paid. See Louisiana Revised Statutes 26:901
  • Stamping agent: means a dealer that is authorized to affix tax stamps to packages or other containers of cigarettes under Louisiana Revised Statutes 26:901
  • Stamping agent: means a dealer that is authorized to affix tax stamps to packages or other containers of cigarettes under Louisiana Revised Statutes 13:5072
  • 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 29:782
  • State: means the state of Louisiana. See Louisiana Revised Statutes 33:9039.103
  • 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 any state of the United States and the District of Columbia. See Louisiana Revised Statutes 22:482
  • State: means a state, territory, or possession of the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico. See Louisiana Revised Statutes 22:601.1
  • state agency: means any board, commission, department, agency, special district, authority, or other entity of the state and, as used in Louisiana Revised Statutes 13:5102
  • State Board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:1962
  • State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:1970.2
  • State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:1970.22
  • State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:1972
  • State licensing authority: means a professional licensing board, agency, or commission with authority to license health practitioners in this state to provide the health services proposed to be provided by a volunteer health practitioner in response to a declared emergency, and which shall have administrative disciplinary jurisdictional authority over volunteer health practitioners with respect to their offering or provision of such health services in the state. See Louisiana Revised Statutes 29:782
  • State public defender: means the person appointed by the governor, subject to approval of a majority of the board and Senate confirmation, to administer the statewide public defender system for the delivery of public defender services. See Louisiana Revised Statutes 15:143
  • State superintendent: means the state superintendent of education. See Louisiana Revised Statutes 17:1962
  • State superintendent: means the state superintendent of education. See Louisiana Revised Statutes 17:1970.2
  • State superintendent: means the state superintendent of education. See Louisiana Revised Statutes 17:1972
  • Statement: includes but is not limited to any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, test results, X-rays, or other evidence of loss, injury, or expense. See Louisiana Revised Statutes 23:1200.2
  • Statewide communications interoperability plan for first responders: means a statewide shared communications system for first responders with the ability to transport and receive voice, data, image, and video information adopted by the interoperability subcommittee. See Louisiana Revised Statutes 29:723
  • Statewide interoperability plan: means short-term and long-term statewide plans for interoperability for communications and information sharing needed during an emergency and adopted by the state Unified Command Group. See Louisiana Revised Statutes 29:723
  • Statute: A law passed by a legislature.
  • Stock insurer: shall mean an incorporated insurer with issued and outstanding stock whose capital and surplus is owned by its stockholders. See Louisiana Revised Statutes 22:550.2
  • Stockholder: means the holder of record of one or more shares. See Louisiana Revised Statutes 6:201
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscriber: means the participant or policyholder; "attorney-in-fact" means the representative of the subscribers through whom reciprocal insurance is exchanged; and "reciprocal insurer" means the organization or group of all the subscribers. See Louisiana Revised Statutes 22:161
  • Subscriber: means the person who is responsible for payment to a health maintenance organization or whose employment or other status, except for family dependence, is the basis for eligibility for enrollment in the health maintenance organization. See Louisiana Revised Statutes 22:242
  • Substantially similar securities: means securities that meet all criteria for substantially similar specified in the NAIC Accounting Practices and Procedures Manual, as amended, and in an amount that constitutes good delivery form as determined from time to time by the Public Securities Association. See Louisiana Revised Statutes 22:601.1
  • Successor: means a person who replaces a supplier, importer, broker, or wholesaler with regard to the right to manufacture, sell, distribute, broker, or import a brand or brands of beer or light wine. See Louisiana Revised Statutes 26:802
  • suit: means civil actions as defined in Code of Civil Procedure Art. See Louisiana Revised Statutes 13:5102
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplier: means a manufacturer or importer of beer and light wine brands as registered with the commissioner. See Louisiana Revised Statutes 26:802
  • Surplus: means sums contributed by stockholders in excess of the par value of shares outstanding plus any amounts transferred from undivided profits pursuant to action by the board of directors. See Louisiana Revised Statutes 6:201
  • Suspension: means that the driver's license to drive a motor vehicle on the highways is temporarily withdrawn during the period of such suspension. See Louisiana Revised Statutes 32:401
  • SVO: means the Securities Valuation Office of the NAIC or any successor office established by the NAIC. See Louisiana Revised Statutes 22:601.1
  • Swap: means an agreement to exchange or to net payments at one or more times based on the actual or expected price, level, performance, or value of one or more underlying interests. See Louisiana Revised Statutes 22:601.1
  • system: means and refers to the programs and institutions under the jurisdiction of the respective management boards for postsecondary education created by or under authority of the Constitution of Louisiana. See Louisiana Revised Statutes 17:3202
  • 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
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tests: include but are not limited to any diagnostic or investigative analyses necessary to prevent the spread of disease or protect the public's health, safety, and welfare. See Louisiana Revised Statutes 29:762
  • 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
  • Tobacco product: means any cigar, cigarette, smokeless tobacco, or smoking tobacco. See Louisiana Revised Statutes 26:901
  • Tobacco product manufacturer: means an entity that after July 1, 1999, directly, and not exclusively through any affiliate:

    (a)  Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer, as that term is defined in the Master Settlement Agreement, that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States). See Louisiana Revised Statutes 13:5062

  • Tobacconist: means any bona fide tobacco retailer engaged in receiving bulk smoking tobacco for the purpose of blending such tobacco for retail sale at a particular retail outlet where fifty percent or more of the total purchases for the preceding twelve months were purchases of tobacco products, excluding cigarettes. See Louisiana Revised Statutes 26:901
  • 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.
  • Total adjusted capital: means the sum of:

    (a)  An insurer's statutory capital and surplus. See Louisiana Revised Statutes 22:611

  • Total adjusted capital: means the sum of the following:

    (a)  A health organization's statutory capital and surplus as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed under Louisiana Revised Statutes 22:631

  • Total voting power: means the entirety of the voting power. See Louisiana Revised Statutes 6:201
  • Trade: means to distribute, to offer for sale, to offer for acquisition, to buy, to sell, to barter, to exchange, to give, to receive, to donate, or to bequest, whether by physical delivery or by subterfuge. See Louisiana Revised Statutes 25:953
  • Trade discount: means any discount immediately recognized by a wholesale dealer from the manufacturer, importer, or sales entity affiliate or by a retail dealer from a manufacturer, importer, sales entity affiliate, or wholesale dealer. See Louisiana Revised Statutes 26:901
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: means the removal of a patient from one mental institution to another without any procedure for admission other than is prescribed by the department. See Louisiana Revised Statutes 28:2
  • Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Revised Statutes 28:2
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • UCG: means the group which is established by executive order of the governor to bring senior officials within the governor's office and cabinet secretaries or their designees together with a common objective of effectively managing an incident and ensuring that regardless of the number of agencies or jurisdictions involved, all decisions will be based upon mutually agreed upon objectives with the governor as the unified commander. See Louisiana Revised Statutes 29:723
  • under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Louisiana Revised Statutes 22:691.2
  • Underlying interest: means the assets, liabilities, other interests, or a combination thereof underlying a derivative instrument, such as any one or more securities, currencies, rates, indices, commodities, or derivative instruments. See Louisiana Revised Statutes 22:601.1
  • Undivided profits: means paid-in or accumulated net income less distributions to stockholders and transfers to capital stock or surplus. See Louisiana Revised Statutes 6:201
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • 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
  • Units sold: means the number of individual cigarettes sold in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question, as measured by excise taxes collected by the state on packs, or "roll-your-own" tobacco containers, bearing the excise tax stamp of the state. See Louisiana Revised Statutes 13:5062
  • University: means the University of Louisiana at Lafayette. See Louisiana Revised Statutes 17:1970.2
  • University: means the college or university at which the program's activities are held, if any. See Louisiana Revised Statutes 17:1989.2
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Vapor product: includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. See Louisiana Revised Statutes 26:901
  • Vehicle: means any vehicle that is required to be titled pursuant to the Vehicle Certificate of Title Law (Louisiana Revised Statutes 22:361
  • Vehicle component coverage contracts: means a contract which provides the owner or purchaser of a motor vehicle with one or more of the following coverages:

                (a) "Paintless dent repair contract" means a contract which provides for the repair of or promises to pay for all or part of the cost to repair or remove dents, dings, or creases from the exterior of the motor vehicle utilizing the paintless dent repair process, provided that a paintless dent repair contract shall not cover sanding, bonding, painting, or the replacement of body panels. See Louisiana Revised Statutes 22:361

  • Vehicle mechanical breakdown insurance policy: means any contract, agreement, or instrument whereby a person other than the owner, seller, or lessor of a vehicle assumes the risk of or the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle and may include other customer assistance and convenience services, such as vehicle rental assistance, towing assistance, trip interruption, and roadside assistance. See Louisiana Revised Statutes 22:361
  • Vehicle mechanical breakdown insurer: means any person or organization, whether domestic, foreign, or alien, issuing or attempting to issue vehicle mechanical breakdown policies or vehicle component coverage contracts as defined herein. See Louisiana Revised Statutes 22:361
  • Vending machine: means any mechanical, electric, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, automatically dispenses tobacco products, alternative nicotine products, or vapor products. See Louisiana Revised Statutes 26:901
  • Vending machine operator: means any person who controls the use of one or more vending machines as to the supply of cigarettes or any tobacco products in the machine or the receipts from cigarettes vended through such machines. See Louisiana Revised Statutes 26:901
  • Venue: The geographical location in which a case is tried.
  • 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.
  • Violation: means a failure to comply with the requirements of this Subtitle, the rules issued under this Subtitle, and conditions of permits under this Subtitle. See Louisiana Revised Statutes 30:2004
  • Volunteer health practitioner: means a health practitioner who provides health services in this state for a host entity, whether or not the practitioner receives compensation for those services so long as the person who receives the health services does not pay and is not asked to pay directly or indirectly for the health services. See Louisiana Revised Statutes 29:782
  • Voting power: means the right vested by law or by the articles or the bylaws in the stockholder or in one or more classes of stockholder to vote in the determination of any particular question or matter coming before meetings of the stockholders. See Louisiana Revised Statutes 6:201
  • Voting power present: means that part of the voting power exercisable by the stockholders present in person or represented by proxy at the meeting at which the stockholders take action on a particular question or matter. See Louisiana Revised Statutes 6:201
  • Voting security: shall include any security convertible into or evidencing a right to acquire a voting security. See Louisiana Revised Statutes 22:691.2
  • 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
  • Wages: means average weekly wage at the time of the accident. See Louisiana Revised Statutes 23:1021
  • Warrant: means an instrument that gives the holder the right to purchase an underlying financial instrument at a given price and time or at a series of prices and times outlined in the warrant agreement. See Louisiana Revised Statutes 22:601.1
  • Wholesale dealer: means a dealer whose principal business is that of a wholesaler, who sells cigarettes, cigars, other tobacco products, vapor products, or alternative nicotine products to retail dealers for the purpose of resale, who is a bona fide wholesaler, and fifty percent of whose total tobacco, vapor, and alternative nicotine sales are to retail stores other than its own or those of its subsidiaries or parent companies within Louisiana. See Louisiana Revised Statutes 26:901
  • Wholesaler: means a wholesaler of beer and light wine as licensed under this Title. See Louisiana Revised Statutes 26:802
  • Worker: means a person who conducts lead hazard reduction activities pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 30:2351.1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.