Sections
Chapter 1 Commissioner of Conservation 30:1 – 30:101.15
Chapter 2 Leases and Contracts 30:102 – 30:188
Chapter 3 Exploration and Prospecting 30:206 – 30:221
Chapter 4 Measurement of Gaseous Mineral Hydrocarbons 30:251 – 30:303
Chapter 6 Miscellaneous Provisions 30:401 – 30:431
Chapter 7 Natural Resources and Energy Act of 1973 30:501 – 30:732
Chapter 8 Geothermal Energy Resources 30:800 – 30:809
Chapter 9 Surface Mining and Reclamation Act 30:901 – 30:932
Chapter 9-A Interstate Mining Compact 30:951 – 30:955
Chapter 9-B Surface Water Management 30:961 – 30:963
Chapter 11 Louisiana Geologic Sequestration Of Carbon Dioxide Act 30:1101 – 30:1112
Chapter 12-A Research and Development 30:1151 – 30:1159
Chapter 12-B Renewable Energy Leases 30:1161 – 30:1179
Chapter 13 Building Energy Conservation 30:1201 – 30:1205
Chapter 14 Louisiana Gasohol Act 30:1301 – 30:1304
Chapter 15 Energy Impacted Area Assistance Act of 1981 30:1351 – 30:1356
Chapter 16 Federal Oil Overcharge Refund Monies 30:1401 – 30:1403

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Louisiana Revised Statutes > Title 30 > Subtitle I - Minerals, Oil, and Gas

  • abandoned waste site: means a landfill, land treatment area, pit, pond, lagoon, or other surface feature that is not actively used for oil and gas operations, whether or not declared "abandoned" under this Part, and which contains oilfield wastes, including such surrounding property necessary to contain and impound the site and to secure the area from access by the general public. See Louisiana Revised Statutes 30:73
  • Absentee by mail and early voting counting equipment: means a device capable of counting and producing results of votes cast on paper absentee by mail and early voting ballots. See Louisiana Revised Statutes 18:1351
  • Account: means any of the four accounts created by Louisiana Revised Statutes 22:2084
  • Account: means the Automobile Theft and Insurance Fraud Prevention Authority Dedicated Fund Account administered by the board of directors as a dedicated fund account in the state treasury. See Louisiana Revised Statutes 22:2131
  • Account: means the Fishermen's Gear Compensation and Underwater Obstruction Removal Dedicated Fund Account. See Louisiana Revised Statutes 30:101.3
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Active duty: means active duty pursuant to an executive order of the president of the United States, an act of the Congress of the United States, or the provisions of Louisiana Revised Statutes 29:311
  • Activity: means a distinct subset of functions or services within a program. See Louisiana Revised Statutes 39:2
  • ADAD equipment: means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed. See Louisiana Revised Statutes 45:810
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Administrative costs: means costs incurred by the Louisiana Department of Health, office of public health in the administration of the program, including but not limited to:

                (a) Program startup costs. See Louisiana Revised Statutes 40:2822

  • Administrator: means the administrator provided for in Louisiana Revised Statutes 30:1354
  • Administrator: means the administrator of veterans' affairs of the United States or his successor. See Louisiana Revised Statutes 29:351
  • Adult: means an individual who has attained the age of twenty-two years. See Louisiana Revised Statutes 9:751
  • Advanced recycling: means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic raw materials, feedstocks, chemicals, and other products through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, chemolysis, and other similar technologies. See Louisiana Revised Statutes 30:2153
  • Advanced recycling facility: means a manufacturing facility that receives, stores, and converts post-use polymers and recovered feedstocks it receives using advanced recycling. See Louisiana Revised Statutes 30:2153
  • Adverse determination: means any of the following:

                (a) A determination by a health insurance issuer or its designee utilization review organization that, based upon the information provided, a request for a benefit under the health insurance issuer's health benefit plan upon application of any utilization review technique does not meet the health insurance issuer's requirements for medical necessity, appropriateness, health care setting, level of care, or effectiveness or is determined to be experimental or investigational and the requested benefit is therefore denied, reduced, or terminated or payment is not provided or made, in whole or in part, for the benefit. See Louisiana Revised Statutes 22:2392

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affiliate: means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person. See Louisiana Revised Statutes 22:2055
  • 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 and includes the boards, commissions, departments, agencies, offices, officers, and other instrumentalities, or any or all of these, within the executive branch of state government which are abolished by this Title or which are transferred and placed within departments of the state government created and established or continued by this Title or transferred to and placed within the office of the governor as provided by this Title. See Louisiana Revised Statutes 36:3
  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. See Louisiana Revised Statutes 42:341
  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of state government. See Louisiana Revised Statutes 42:352
  • Agency: means any state office, department, board, commission, institution, division, officer or other person, or functional group, heretofore existing or hereafter created, that is authorized to exercise, or that does exercise, any functions of the government of the state in the executive branch, but not any governing body or officer of any local government or subdivision of the state, or any parochial officer who exercises functions coterminous with the municipality in which he performs those functions. See Louisiana Revised Statutes 39:2
  • Agency head: means the chief executive or administrative officer of an agency or the chairman of a board or commission. See Louisiana Revised Statutes 42:341
  • Agent: means a person who is employed by or has a contractual relationship with another person or who acts on behalf of that person. See Louisiana Revised Statutes 22:1931.1
  • Aggregating period: means :

                (a) For a political committee, except a political committee which supports only one candidate, the period from January first of the calendar year through December thirty-first of the same calendar year. See Louisiana Revised Statutes 18:1483

  • Allegation: something that someone says happened.
  • Allocation fund: shall mean the Coronavirus Local Recovery Allocation Fund. See Louisiana Revised Statutes 39:100.42
  • Allocation program: shall mean the Local Recovery Allocation Program administered by the commissioner of administration and GOHSEP. See Louisiana Revised Statutes 39:100.42
  • Ambulatory review: means utilization review of health care services performed or provided in an outpatient setting. See Louisiana Revised Statutes 22:2392
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: means payments for life derived from the "accumulated contributions" of a member. See Louisiana Revised Statutes 11:701
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • 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
  • Appropriation: means an authorization by the legislature to a budget unit for a program to expend from public funds a sum of money, for purposes designated, under the procedure prescribed in this Chapter. See Louisiana Revised Statutes 39:2
  • Architect: means a person who is technically and legally qualified to practice architecture. See Louisiana Revised Statutes 37:141
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessable insureds: means insureds who procure a policy of insurance for one or more subject lines of business in this state. See Louisiana Revised Statutes 22:2292
  • Assessable insurers: means insurers authorized to write one or more subject lines of business in this state. See Louisiana Revised Statutes 22:2292
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistant secretary: means the officer designated by law or by the secretary of each department to carry out the duties and functions of an office within certain departments, except an office of management and finance and the office of state police of the Department of Public Safety and Corrections. See Louisiana Revised Statutes 36:3
  • Assistant secretary: means the assistant secretary to whom a given function or responsibility has been allocated by this Subtitle or delegated by the secretary. See Louisiana Revised Statutes 30:2004
  • Assistant secretary: means the assistant secretary of the office of conservation of the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:503
  • Assistant secretary: means the assistant secretary of the office of conservation within the Department of Energy and Natural Resources or his authorized representatives. See Louisiana Revised Statutes 30:82
  • Assistant secretary: means the assistant secretary of the office of conservation within the Department of Energy and Natural Resources or his authorized representatives. See Louisiana Revised Statutes 30:101.3
  • Assistant secretary: means the assistant secretary of the office of conservation of the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:702
  • Assistant secretary: means the assistant secretary of the office of conservation of the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:731
  • Association: means the Louisiana Insurance Guaranty Association created under Louisiana Revised Statutes 22:2055
  • Association: means the Louisiana Life and Health Insurance Guaranty Association created by Louisiana Revised Statutes 22:2084
  • Association similar to the association: means any guaranty association, security fund or other insolvency mechanism that affords protection similar to that of the association. See Louisiana Revised Statutes 22:2055
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney general: means the Louisiana attorney general. See Louisiana Revised Statutes 40:2863
  • Attorney general: means the attorney general for the state of Louisiana. See Louisiana Revised Statutes 22:1931.1
  • 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.
  • Authority: means the Louisiana Automobile Theft and Insurance Fraud Prevention Authority. See Louisiana Revised Statutes 22:2131
  • Authorized emergency vehicle: means a vehicle of a fire department, a vehicle of the department's weights and standards police force, a police vehicle, a private vehicle, a privately owned vehicle belonging to members of an organized volunteer fire department or fire district when so designated or authorized by the fire chief of that fire department or fire district, an industrial-owned vehicle assigned to members of a fire department or fire district when so designated or authorized by the fire chief of that fire department or fire district, a vehicle parked or stopped by elevator repair or construction personnel while responding to an elevator emergency, such as ambulances and emergency medical response vehicles certified by the Louisiana Department of Health that are operated by certified ambulance services, and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the secretary of the Department of Transportation and Development or by the chief of police of any incorporated municipality. See Louisiana Revised Statutes 32:1
  • Authorized person: means :

    (a)  Employees or electrical or communication contractors or other contractors employed for the maintenance of electric lines of an electric public utility with respect to the electrical system owned or operated by such electric public utility; employees or electrical or communication contractors or other contractors employed for the maintenance of electric lines of an electric cooperative with respect to the electrical system owned or operated by such cooperative; employees or electrical or communication contractors or other contractors employed for the maintenance of electric lines of a municipality or other public entity with respect to the electrical system owned or operated by such municipality or other public entity; and the employees of a transportation system with respect to the electrical circuits of such system. See Louisiana Revised Statutes 45:141

  • Authorized representative: means any of the following:

                (a) A person to whom a covered person has given express written consent to represent the covered person for purposes of this Chapter. See Louisiana Revised Statutes 22:2392

  • Autocycle: means a three-wheeled motorcycle on which the driver and all passengers ride in either a partially or completely enclosed seating area or in a side-by-side seating area that is equipped with a rollbar or roll cage, safety belts for all occupants, and is designed to be controlled with a steering mechanism and pedals. See Louisiana Revised Statutes 32:1
  • Autonomous technology: means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed in high-or full-automation mode, without any supervision by a human operator, with specific driving mode performance by the automated driving system of all aspects of the dynamic driving task that can be managed by a human driver, including the ability to automatically bring the motor vehicle into a minimal-risk condition in the event of a critical vehicle or system failure, or other emergency event. See Louisiana Revised Statutes 32:1
  • Axle: means the common axis of rotation of one or more wheels whether power-driven or freely rotating, and whether in one or more segments, and regardless of the number of wheels carried thereon. See Louisiana Revised Statutes 32:1
  • Axle group: means an assemblage of two or more consecutive axles considered together in determining their combined load effect on a highway. See Louisiana Revised Statutes 32:1
  • 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.
  • Bank stabilization works: means concrete, rock, masonry, rip-rap, or similar materials used to cover existing banks or shorelines or bulkheads located above the mean low water line, all in acres subject to erosion, to combat the same. See Louisiana Revised Statutes 41:1704
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • barber college: shall include a school of barbering, college of barbering, barber school, barber college, and any other place or institution for the instruction or training of persons to engage in the practice of barbering. See Louisiana Revised Statutes 37:355
  • 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 system: means a telephone service which automatically connects a person dialing the digits 911 to an established public safety answering point through normal telephone service facilities. See Louisiana Revised Statutes 45:792
  • 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
  • Beneficiary: means a person who resides or is employed in this state and is covered or is eligible to be covered by a health plan. See Louisiana Revised Statutes 40:2863
  • benefits: means those health care services to which a covered person is entitled under the terms of a health benefit plan. See Louisiana Revised Statutes 22:2392
  • Benefits: means all moneys paid or payable by the United States through the veterans administration. See Louisiana Revised Statutes 29:351
  • Best evidence: means evidence based on any of the following:

                (a) Randomized clinical trials. See Louisiana Revised Statutes 22:2392

  • Bicycle: means every device upon which any person or persons, if the design accommodates passengers, may ride, propelled exclusively by human power, or an electric-assisted bicycle as defined in this Section, having a saddle or seat for each rider, and having two tandem wheels, either of which is sixteen inches or more in diameter, or three wheels, any one of which is twenty inches or more in diameter. See Louisiana Revised Statutes 32:1
  • Bicycle lane: means the part of the roadway adjacent to the travel lane, designated by official signs or markings for the preferential or exclusive use by bicycles and electric mobility aid users. See Louisiana Revised Statutes 32:1
  • Bicycle path or trail: means a public way separated by open space, grade, or other physical barrier from motor traffic, either within the highway right-of-way or within an independent right-of-way, that is designated for use by persons riding bicycles. See Louisiana Revised Statutes 32:1
  • Board: means the State Board of Architectural Examiners. See Louisiana Revised Statutes 37:141
  • Board: means the Louisiana Emergency Response Network Board. See Louisiana Revised Statutes 40:2842
  • board: means the governing authority which has the ultimate jurisdiction over a profession, occupation, or activity which under state law or regulation requires a person to meet certain skills, training, or educational standards prior to being authorized, licensed, or certified to practice or to render a specific service or engage in a trade. See Louisiana Revised Statutes 42:92
  • Board: means the board of directors of the Louisiana Automobile Theft and Insurance Fraud Prevention Authority. See Louisiana Revised Statutes 22:2131
  • Board: means the board of commissioners of the Acadiana Regional Juvenile Justice District. See Louisiana Revised Statutes 15:1109
  • Board of Pharmacy: means the Louisiana Board of Pharmacy. See Louisiana Revised Statutes 40:2863
  • Board of trustees: means the board provided for in Part V of this Chapter to administer the retirement system. See Louisiana Revised Statutes 11:701
  • Bonds: means revenue bonds, notes, certificates, or other evidences of indebtedness issued by an issuer pursuant to Louisiana Revised Statutes 30:82
  • Broker: means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. See Louisiana Revised Statutes 9:751
  • Building: means any structure which includes provisions for a heating or cooling system, or both, or for a hot water system. See Louisiana Revised Statutes 30:1202
  • Business day: means a day of normal business operation other than federally recognized holidays. See Louisiana Revised Statutes 22:2392
  • business of insurance: means the writing of insurance or the reinsuring of risks by an insurance consultant or insurer, including all acts necessary or incidental to such writing or reinsuring, and the activities of persons who act as, or are, officers, directors, agents, or employees of consultants or insurers, or who are other persons authorized to act on behalf of such persons. See Louisiana Revised Statutes 22:1808.8
  • Byproduct material: means :

    (a)  Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. See Louisiana Revised Statutes 30:2103

  • Candidate: means a person who seeks nomination or election to public office, except the office of president or vice president of the United States, presidential elector, delegate to a political party convention, United States senator, United States congressman, or political party office. See Louisiana Revised Statutes 18:1483
  • Capitalization grant: means the assistance agreement by which the United States Environmental Protection Agency obligates and awards funds allotted to the state for the purposes of capitalizing the Drinking Water Revolving Loan Fund as well as any other monies for other purposes authorized by the federal act. See Louisiana Revised Statutes 40:2822
  • CARES Act: shall mean the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136 and any guidance or regulations issued by the United States Department of the Treasury as of the date of this Act or thereafter relative to the CARES Act. See Louisiana Revised Statutes 39:100.42
  • Cargo: means the items or freight to be moved, including items placed on or in a vehicle, towed by a vehicle, or a vehicle itself. See Louisiana Revised Statutes 32:1
  • Case management: means a coordinated set of activities conducted for individual patient management of serious, complicated, protracted, or other health conditions. See Louisiana Revised Statutes 22:2392
  • Case-series: means an evaluation of a series of patients with a particular outcome, without the use of a control group. See Louisiana Revised Statutes 22:2392
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • certificate: means any contract of insurance, indemnity, medical, health or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any insurer. See Louisiana Revised Statutes 22:1962
  • Chairman: means the principal executive officer of a political committee regardless of his title. See Louisiana Revised Statutes 18:1483
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Claim: shall mean any request or demand for payment or benefit, whether paid or not, made by a person either in writing or filed electronically. See Louisiana Revised Statutes 22:1923
  • Class three electric-assisted bicycle: means an electric-assisted bicycle equipped with a motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour. See Louisiana Revised Statutes 32:1
  • Clinical peer: means a physician or other health care professional who holds a nonrestricted license in a state of the United States and in the same or similar specialty as typically manages the medical condition, procedure, or treatment under review. See Louisiana Revised Statutes 22:2392
  • Clinical review criteria: means the written screening procedures, decision abstracts, clinical protocols, and practice guidelines used by the health insurance issuer to determine the medical necessity and appropriateness of health care services including those used in the determination of an item or health care service as experimental. See Louisiana Revised Statutes 22:2392
  • Closing date: means the date through which the report is complete. See Louisiana Revised Statutes 18:1483
  • Coastal Plan: means the successor to that program established by Act 35 of the 1970 Regular Session to provide a residual market for adequate insurance on property in the coastal areas of the state, now available as a program of the Louisiana Citizens Property Insurance Corporation. See Louisiana Revised Statutes 22:2292
  • Combination of vehicles: means every group of two or more vehicles howsoever joined together which are drawn or propelled by a single motor vehicle. See Louisiana Revised Statutes 32:1
  • Commercial: means built or operated for any purpose where revenue is produced or profit realized. See Louisiana Revised Statutes 41:1704
  • Commercial body art facility: means any location, place, area, or business, whether permanent or temporary, which provides consumers access to personal services workers who for remuneration perform any of the following procedures:

                (a) Tattooing or the insertion of pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin. See Louisiana Revised Statutes 40:2831

  • Commercial building: means any building other than a residential building, including any building developed for industrial or public purposes. See Louisiana Revised Statutes 30:1202
  • Commercial fisherman: means any citizen of the state of Louisiana whose primary source of earnings is from the harvesting of living marine resources for commercial purposes. See Louisiana Revised Statutes 30:101.3
  • Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:810
  • Commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:844.1
  • Commission: means the Oilfield Site Restoration Commission. See Louisiana Revised Statutes 30:82
  • Commission: means the Acadiana Regional Juvenile Justice District Commission. See Louisiana Revised Statutes 15:1109
  • Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:2392
  • Commissioner: means the secretary of the Department of Public Safety and Corrections. See Louisiana Revised Statutes 32:1
  • Commissioner: shall mean the commissioner of insurance of this state. See Louisiana Revised Statutes 22:1942
  • Commissioner: means the commissioner of insurance of this state. See Louisiana Revised Statutes 22:1962
  • Commissioner: means the commissioner of insurance of this state. See Louisiana Revised Statutes 22:2055
  • Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:2084
  • Commissioner: means the Commissioner of Conservation of the State of Louisiana. See Louisiana Revised Statutes 30:3
  • Commissioner: means the commissioner of conservation of the state of Louisiana. See Louisiana Revised Statutes 30:503
  • Commissioner: means the commissioner of the office of conservation within the Department of Energy and Natural Resources or his authorized representatives from the injection and mining division of that office. See Louisiana Revised Statutes 30:73
  • Commissioner: shall mean the commissioner of the division of administration of the state. See Louisiana Revised Statutes 39:100.42
  • Commissioner of insurance: means the Louisiana commissioner of insurance. See Louisiana Revised Statutes 40:2863
  • committee: means two or more persons, other than a husband and wife, and any legal entity organized for the primary purpose of supporting or opposing one or more candidates, propositions, recalls of a public officer, or political parties, which accepts contributions in the name of the committee, or makes expenditures from committee funds or in the name of the committee, or makes a transfer of funds to or receives a transfer of funds from another committee, or receives or makes loans in an aggregate amount in excess of five hundred dollars within any calendar year. See Louisiana Revised Statutes 18:1483
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • Community services: means any type of counseling and advice, emergency assistance, or medical care furnished to individuals or groups within the district. See Louisiana Revised Statutes 33:9081
  • Compensation: means a payment of money, objects, services, or anything else having monetary value. See Louisiana Revised Statutes 9:2718.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compressed natural gas: means natural gas designated for vehicular use that is under pressures exceeding twenty-four hundred pounds per square inch. See Louisiana Revised Statutes 30:731
  • Compression and conversion equipment: means all equipment used in the compression, storage, transmission, and decompression of natural gas for the purpose of powering motor vehicles. See Louisiana Revised Statutes 30:731
  • 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.
  • Concurrent review: means utilization review conducted during a patient's stay or course of treatment in a facility, the office of a health care professional, or other inpatient or outpatient health care setting. See Louisiana Revised Statutes 22:2392
  • Construction or development project: means a program of construction or development, either new or continuing, that will be planned and implemented with the primary goal of improving ports and harbors in the state. See Louisiana Revised Statutes 34:3451
  • Consumer: means any individual who is provided access to a commercial body art facility which is required to be registered pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 40:2831
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contractual obligation: means any obligation under a policy or contract or certificate under a group policy or contract, or portion thereof, for which coverage is provided by Louisiana Revised Statutes 22:2084
  • Contribution: except as otherwise provided in this Chapter, means a gift, conveyance, payment, or deposit of money or anything of value, or the forgiveness of a loan or of a debt, made for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, for the purpose of supporting or opposing a proposition or question submitted to the voters, or for the purpose of supporting or opposing the recall of a public officer, whether made before or after the election. See Louisiana Revised Statutes 18:1483
  • Control: 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 non-management 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 22:2055
  • control: means exercising the power to make policy decisions and "operate" means being actively involved in the day-to-day management of the business. See Louisiana Revised Statutes 39:100.42
  • Controlled-access highway: means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. See Louisiana Revised Statutes 32:1
  • Corporation: means the Louisiana Citizens Property Insurance Corporation, and includes the residual market insurance programs known as the "Coastal Plan" and the "FAIR Plan". See Louisiana Revised Statutes 22:2292
  • Cost: means , with reference to a project, all capital costs incurred or to be incurred for a public water system, including but not limited to:

                (a) Engineering, financing, and other fees. See Louisiana Revised Statutes 40:2822

  • Court: means a court of competent jurisdiction in the parish of the domicile of the minor. See Louisiana Revised Statutes 9:751
  • Covered claim: means the following:

                (a) An unpaid claim, including one for unearned premiums that arises out of and is within the coverage and not in excess of the applicable limits of an insurance policy to which this Part applies issued by an insurer, if such insurer becomes an insolvent insurer after September 1, 1970, and the policy was issued by such insurer and any of the following:

                (i) The claimant or insured is a resident of this state at the time of the insured event, provided that, for entities, the residence of a claimant or insured is the state in which its principal place of business is located at the time of the insured event. See Louisiana Revised Statutes 22:2055

  • Covered person: means a policyholder, subscriber, enrollee, or other individual participating in a health benefit plan. See Louisiana Revised Statutes 22:2392
  • covered policy: means any policy or contract within the scope of this Part as set forth in Louisiana Revised Statutes 22:2084
  • Creditable service: means "Prior Service" plus "Membership Service" for which credit is allowable as provided in Part III of this Chapter. See Louisiana Revised Statutes 11:701
  • Crime prevention: means any activity which aids in the reduction of crime in the district. See Louisiana Revised Statutes 33:9081
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Crosswalk: means : (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks, shoulders, or a combination thereof on opposite sides of the highway measured from the curbs or, in absence of curbs, from the edges of the traversable roadway or if there is neither a sidewalk nor shoulder, a crosswalk is the portion of the roadway at an intersection that would be included within the prolongation of the lateral lines of the sidewalk, shoulder, or both on the opposite side of the street if there were a sidewalk or shoulder. See Louisiana Revised Statutes 32:1
  • Curator: means any person acting as a fiduciary for an incompetent ward. See Louisiana Revised Statutes 29:351
  • Custodial property: means any interest in property transferred to a custodian under this Subpart and the income from and proceeds of that interest in property. See Louisiana Revised Statutes 9:751
  • Custodian: means a person so designated under Louisiana Revised Statutes 9:751
  • CWSRF: means the water pollution control revolving loan fund previously established by Act No. See Louisiana Revised Statutes 30:2301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Department: means the Department of Transportation and Development. See Louisiana Revised Statutes 34:3451
  • Department: means the Department of Occupational Standards; and

    (2)  "Director" means the Director of Occupational Standards. See Louisiana Revised Statutes 37:1

  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 37:27
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2831
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2842
  • Department: means the Department of Justice. See Louisiana Revised Statutes 45:822
  • Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
  • Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2301
  • Department: means the Department of Transportation and Development. See Louisiana Revised Statutes 32:1
  • Department: means the Department of Insurance. See Louisiana Revised Statutes 22:1931.1
  • Department: means the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:82
  • Department: means the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:101.3
  • Department of Insurance: means the Louisiana Department of Insurance. See Louisiana Revised Statutes 40:2863
  • Department of Justice: means the Louisiana Department of Justice. See Louisiana Revised Statutes 40:2863
  • Dependent: A person dependent for support upon another.
  • Depolymerization: means a manufacturing process through which post-use polymers are broken down into smaller molecules such as monomers and oligomers or raw, intermediate, or final products, plastics, plastic and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, and coatings. See Louisiana Revised Statutes 30:2153
  • Deposit: means the action of placing or moving materials by artificial means, over state lands which results in or adds to a landfill, whether contained within a bulkhead or not. See Louisiana Revised Statutes 41:1704
  • 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.
  • Deputy secretary: means the officer authorized to be appointed by the secretary to serve as his principal administrative assistant. See Louisiana Revised Statutes 36:3
  • Devise: To gift property by will.
  • Disadvantaged community: means the service area of a public water system wherein the system's existing or projected rates for water service do not meet affordability criteria established under the Intended Use Plan of the Louisiana Department of Health, office of public health. See Louisiana Revised Statutes 40:2822
  • 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
  • Discharge planning: means the formal process for determining, prior to discharge from a facility, the coordination and management of the care that a patient receives following discharge from a facility. See Louisiana Revised Statutes 22:2392
  • Disclose: means to release, transfer, or otherwise divulge protected health information to any person other than the individual who is the subject of the protected health information. See Louisiana Revised Statutes 22:2392
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such waste, or any constituent thereof, may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Louisiana Revised Statutes 30:2173
  • Dispose: means the discharge, deposit, injection, dumping, or placing of any hazardous waste into or on any land or into water so that any of the hazardous waste so disposed becomes part of the surrounding or underlying land. See Louisiana Revised Statutes 30:2241
  • Disposer: means any person who disposes or who receives for disposal the hazardous waste of a generator. See Louisiana Revised Statutes 30:2241
  • District: means the Acadiana Regional Juvenile Justice District. See Louisiana Revised Statutes 15:1109
  • District office: means the following offices but shall not include any major office:

                (a) The office of a member of the Louisiana Legislature. See Louisiana Revised Statutes 18:1483

  • Divided highway: means any highway divided into roadways by a median, physical barrier, or clearly indicated dividing section so constructed as to impede vehicular traffic. See Louisiana Revised Statutes 32:1
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Drinking Water Revolving Loan Fund: means the revolving loan fund established under this Chapter pursuant to the authority of the federal act. See Louisiana Revised Statutes 40:2822
  • Driver: means every person who drives or is in actual physical control of a vehicle. See Louisiana Revised Statutes 32:1
  • Dry weight ton: means a ton of hazardous waste excluding the weight of the water and for underground injection shall include no more than one percent of the inorganic solids contained in the hazardous waste. See Louisiana Revised Statutes 30:2241
  • Earnable compensation: means the compensation earned by a member during the full normal working time as a teacher. See Louisiana Revised Statutes 11:701
  • earnings: means the earnings derived solely by the personal efforts of the commercial fisherman, exclusive of the income of a spouse or of any community property interest in the income of a spouse. See Louisiana Revised Statutes 30:101.3
  • Education: means any type of scholastic instruction or scholarship assistance to any individual who resides in the district that enables him to prepare himself for better opportunities. See Louisiana Revised Statutes 33:9081
  • Elected official: means any person holding an office in a governmental entity which is filled by the vote of the appropriate electorate. See Louisiana Revised Statutes 42:341
  • Elected official: means any person holding an office in state government which is filled by the vote of the electorate. See Louisiana Revised Statutes 42:352
  • Election: means and includes all elections held in Louisiana, whether primary, general, or special. See Louisiana Revised Statutes 18:1351
  • Election: means any primary, general, or special election held, pursuant to the laws of this state or a parish or municipal charter or ordinance or a court order, to choose a public officer or nominee. See Louisiana Revised Statutes 18:1483
  • electric public utility: as used in this Chapter means any person furnishing electric service within this state, the parish of Orleans excepted, including any electric cooperative transacting business in this state, provided, however, that said term shall not be construed to apply to any person owning, leasing and/or operating an electric generation facility provided such person is not primarily engaged in the generation, transmission, distribution, and/or sale of electricity, and provided that such person:  (a) consumes all of the electric power and energy generated by such facility for its own use at the site of generation or at some other location if mutually acceptable agreements to transport such electric power and energy can be reached with each electric public utility whose transmission facilities would be electrically utilized therefor, provided, however, notwithstanding any provision contained herein, there shall be no obligation or duty, expressed or implied, to purchase, to sell, to transport, or to engage in any other type of transaction with respect to the electric power and energy that may be generated by such person, imposed upon any public utility by this Section except as shall be provided in the cogeneration rules and regulations adopted by the Louisiana Public Service Commission pursuant to the Public Utility Regulatory Policies Act of 1978; or, (b) only consumes a portion thereof in such manner and sells the entire remaining portion of such electric power and energy generated to an electric public utility as herein defined; or, (c) sells the entire production of electric power and energy generated by such facility to an electric public utility as herein defined. See Louisiana Revised Statutes 45:121
  • Electric-assisted bicycle: means every bicycle upon which any person or persons, if the design accommodates passengers, may ride, having a saddle or seat for each rider, and having two tandem wheels, either of which is sixteen inches or more in diameter, or three wheels, any one of which is twenty inches or more in diameter, equipped with fully operable pedals, and an electric motor of less than seven hundred fifty watts that meets the requirement of one of the following classes:

                (a) "Class one electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour. See Louisiana Revised Statutes 32:1

  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible applicant: means a governmental unit certified by the administrator to be substantially impacted by lignite resource development. See Louisiana Revised Statutes 30:1354
  • Eligible business: means a for-profit corporation, a limited liability company, a partnership, or a sole proprietorship that meets all of the following criteria:

                (a) Was domiciled in Louisiana as of March 1, 2020. See Louisiana Revised Statutes 39:100.42

  • Eligible recipient: means a political subdivision, public trust, agency or commission of the state, or a private entity, to the extent permitted by the federal act or federal regulations. See Louisiana Revised Statutes 30:2301
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency: means an actual or imminent threat to public health or safety which may result in loss of life, injury, or property damage. See Louisiana Revised Statutes 45:841
  • Emergency: means any condition existing outside of the bounds of nuclear operating sites owned or licensed by a federal agency, and any condition existing within or outside of the jurisdictional confines of a facility licensed or registered by the department and arising from the presence of byproduct material, source material, special nuclear material, or any other radioactive material, or source of radiation, which is endangering or could reasonably be expected to endanger the health and safety of the public or to contaminate the environment. See Louisiana Revised Statutes 30:2103
  • Emergency alert provider: means a third party which is designated by a parish office of homeland security and emergency preparedness to provide emergency alert services for that parish and which is certified as such by the Governor's Office of Homeland Security and Emergency Preparedness1. See Louisiana Revised Statutes 45:841
  • Emergency alert services: means the placement of telephone calls to notify the public of an emergency or to provide information relative to an emergency. See Louisiana Revised Statutes 45:841
  • Emergency medical condition: means a medical condition manifesting itself by symptoms of sufficient severity, including severe pain, such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect that the absence of immediate medical attention would result in serious impairment to bodily functions, serious dysfunction of a bodily organ or part, or would place the person's health or, with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy. See Louisiana Revised Statutes 22:2392
  • Emergency services: means health care items and services furnished or required to evaluate and treat an emergency medical condition. See Louisiana Revised Statutes 22:2392
  • Employer: means the state of Louisiana, any city, parish, or other local school board, the State Board of Elementary and Secondary Education, any board created by La. See Louisiana Revised Statutes 11:701
  • Encroachment: means any construction, or improvement, obstacle, fill, or material which is placed upon or maintained upon state lands. See Louisiana Revised Statutes 41:1704
  • Energy impacted area: means a geographic area or political subdivision of the state which demonstrates actual or anticipated extraordinary expenditures caused by lignite resource development and growth incidental thereto. See Louisiana Revised Statutes 30:1354
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • entity: means an individual, a corporation, a partnership, an association, a joint venture, a joint stock company, a trust, an unincorporated organization, any similar entity, or any combination of the foregoing. See Louisiana Revised Statutes 22:2392
  • Environmental review: means an environmental review process conducted by the Louisiana Department of Health of any public water system that has applied for or has received a loan or other assistance from the program. See Louisiana Revised Statutes 40:2822
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Essential property insurance: means any of the following coverages against direct loss to property as defined by the plan of operation approved by the commissioner of insurance:

    (a)  Fire, with or without extended coverage and vandalism and malicious mischief. See Louisiana Revised Statutes 22:2292

  • Estate: means income on hand and assets acquired partially or wholly with income. See Louisiana Revised Statutes 29:351
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Evidence-based standard: means the conscientious, explicit, and judicious use of the current best evidence based on the overall systematic review of the research in making decisions about the care of individual patients. See Louisiana Revised Statutes 22:2392
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Expenditure: means a purchase, payment, advance, deposit, or gift, of money or anything of value made for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, for the purpose of supporting or opposing a proposition or question submitted to the voters, or for the purpose of supporting or opposing the recall of a public officer, whether made before or after the election. See Louisiana Revised Statutes 18:1483
  • Expenses: means amounts represented by cash paid out or by obligations to pay cash or partly by each for maintaining and operating government services. See Louisiana Revised Statutes 39:2
  • Expert opinion: means a belief or an interpretation by specialists with experience in a specific area about the scientific evidence pertaining to a particular service, intervention, or therapy. See Louisiana Revised Statutes 22:2392
  • Explosives: means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. See Louisiana Revised Statutes 32:1
  • 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

  • Facility: means an institution providing health care services or a health care setting, including but not limited to hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, rehabilitation and other therapeutic health settings, and inpatient hospice facilities. See Louisiana Revised Statutes 22:2392
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • FAIR Plan: means the successor to that program established by Act 424 of the 1992 Regular Session, and designated as the "Fair Access to Insurance Requirements Plan" to provide a residual market for adequate insurance on property in the state, now available as a program of the Louisiana Citizens Property Insurance Corporation. See Louisiana Revised Statutes 22:2292
  • Farm tractor: means every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry. See Louisiana Revised Statutes 32:1
  • Federal act: means the federal Safe Drinking Water Act (Louisiana Revised Statutes 40:2822
  • Federal act: means the Clean Water Act of 1972, as amended by the Water Quality Act of 1987, specifically Subchapter VI, Chapter 26 of Title 33 of the United States Code, and any amendments thereto relating to water pollution control revolving loan funds established by the respective states, including the CWSRF. See Louisiana Revised Statutes 30:2301
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal regulations: means Part 35, Title 40 of the Code of Federal Regulations (Louisiana Revised Statutes 30:2301
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Final adverse determination: means an adverse determination, including medical judgment, involving a covered benefit that has been upheld by a health insurance issuer, or its designee utilization review organization, at the completion of the health insurance issuer's internal claims and appeals process procedures provided pursuant to Louisiana Revised Statutes 22:2392
  • Financial institution: means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. See Louisiana Revised Statutes 9:751
  • Fiscal year: means the period beginning July first of any year and ending June thirtieth of the next succeeding year. See Louisiana Revised Statutes 11:701
  • Fishing gear: means any vessel and any equipment, whether or not attached to a vessel, which is used in the commercial handling or harvesting of living marine resources. See Louisiana Revised Statutes 30:101.3
  • Flammable liquid: means any liquid which has a flash point of seventy degrees F. See Louisiana Revised Statutes 32:1
  • Fraudulent insurance act: shall include but not be limited to acts or omissions committed by any person who, knowingly and with intent to defraud:

                (a) Presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, reinsurer, purported insurer or reinsurer, producer, or any agent thereof, any oral or written statement which he knows to contain materially false information as part of, or in support of, or denial of, or concerning any fact material to or conceals any information concerning any fact material to the following:

                (i) An application for the issuance of any insurance policy. See Louisiana Revised Statutes 22:1923

  • Freight-carrying vehicle: means every motor vehicle designed for and used primarily as a carrier of freight transported for commercial purposes, which vehicle is licensed for six thousand pounds or more. See Louisiana Revised Statutes 32:1
  • Fund: means the Oilfield Site Restoration Fund. See Louisiana Revised Statutes 30:82
  • Fund: means an independent fiscal and accounting entity with a self-balancing set of accounts recording cash or other resources together with all related liabilities, obligations, reserves, and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with regulations, restrictions, and limitations. See Louisiana Revised Statutes 39:2
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gas: means all natural gas, including casinghead gas, and all other hydrocarbons not defined as oil in Paragraph (7) of this Section. See Louisiana Revised Statutes 30:3
  • Gas: means any gas derived from or composed of hydrocarbons, including synthetic gas which is produced from coal, lignite, or petroleum coke and the heat content of which synthetic gas does not exceed 800 BTUs per standard cubic foot. See Louisiana Revised Statutes 30:503
  • Gasification: means a manufacturing process through which post-use polymers or recovered feedstocks are heated in an oxygen-controlled atmosphere and converted into syngas, which is a mixture of carbon monoxide and hydrogen, followed by conversion into valuable raw, intermediate, and final products, including but not limited to plastic monomers, chemicals, waxes, lubricants, and chemical feedstocks, that are returned to economic utility in the form of raw materials or products. See Louisiana Revised Statutes 30:2153
  • Generator of hazardous waste: means any person whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation by the department. See Louisiana Revised Statutes 30:2241
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gestational carrier: means a woman who agrees to engage in a process by which she attempts to carry and give birth to a child born as a result of an in utero transfer of a human embryo to which she makes no genetic contribution. See Louisiana Revised Statutes 9:2718.1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOHSEP: shall mean the Governor's Office of Homeland Security and Emergency Preparedness. See Louisiana Revised Statutes 39:100.42
  • Governing board: means that board of directors which is established under Louisiana Revised Statutes 22:2292
  • Governmental agency: means the state, its political subdivisions, or any agency thereof, Indian tribes, and combinations of governmental entities, which have the authority to own, construct, or operate a public water system or a wastewater treatment facility and other related activities. See Louisiana Revised Statutes 40:2822
  • Governmental entity: means the state or any political subdivision. See Louisiana Revised Statutes 42:341
  • Governmental unit: means a parish, municipality, or political subdivision of the state or of local government having taxing authority

                Added by Acts 1981, No. See Louisiana Revised Statutes 30:1354

  • Grant: means an award by the treasurer to an eligible business. See Louisiana Revised Statutes 39:100.42
  • Grantor: The person who establishes a trust and places property into it.
  • Grievance: means , in a health insurance issuer's internal claims and appeals process, a written complaint or oral complaint, if the complaint involves an urgent care request submitted by or on behalf of a covered person regarding any of the following:

                (a) Availability, delivery, or quality of health care services, including a complaint regarding an adverse determination made pursuant to utilization review. See Louisiana Revised Statutes 22:2392

  • Gross weight: means the weight of a vehicle and/or combination of vehicles without load on all axles including the steering axle plus the weight of any load thereon. See Louisiana Revised Statutes 32:1
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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 liquid: means :

                (a) Petroleum or any petroleum product, except as specifically excluded in this Paragraph, and

                (b) Any substance or material which is in liquid state, excluding liquefied natural gas and hydro-carbons incidental thereto, when transported by pipeline facilities and which, as determined by the assistant secretary by rule or regulation in accordance with Louisiana Revised Statutes 30:702

  • Hazardous waste: means any waste, or combination of wastes, which because of its quantity, concentration, physical, or chemical characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Louisiana Revised Statutes 30:2173
  • Hazardous waste: means a substance identified and listed as a hazardous waste in the Louisiana Hazardous Waste Regulations of the Department of Environmental Quality in effect on the effective date of this Chapter; except that the term "hazardous waste" shall not include special waste as defined in this Chapter. See Louisiana Revised Statutes 30:2241
  • Hazardous Waste Site Cleanup Fund: means the fund established by Act 194 of 1980 as provided for in Louisiana Revised Statutes 30:2223
  • Health benefit plan: means a policy, contract, certificate, or agreement entered into, offered, or issued by a health insurance issuer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services. See Louisiana Revised Statutes 22:2392
  • Health care professional: means a physician or other health care practitioner licensed, accredited, registered, or certified to perform specified health care services consistent with state law. See Louisiana Revised Statutes 22:2392
  • Health care services: means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease. See Louisiana Revised Statutes 22:2392
  • Health information: means information or data, whether oral or recorded in any form or medium, and personal facts or information about events or relationships that relate to any of the following:

                (a) The past, present, or future physical, mental, or behavioral health or condition of an individual or a member of the individual's family. See Louisiana Revised Statutes 22:2392

  • Health insurance issuer: means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including through a health benefit plan as defined in this Section, and shall include a sickness and accident insurance company, a health maintenance organization, a preferred provider organization or any similar entity, or any other entity providing a plan of health insurance or health benefits. See Louisiana Revised Statutes 22:2392
  • Health plan: means an individual or group plan or program which is established by contract, certificate, law, plan, policy, subscriber agreement, or by any other method and which is entered into, issued, or offered for the purpose of arranging for, delivering, paying for, providing, or reimbursing any of the costs of health or medical care, including pharmacy services, drugs, or devices. See Louisiana Revised Statutes 40:2863
  • Height: means the total vertical dimension of any vehicle above the ground surface including any load and load-holding devices thereon. See Louisiana Revised Statutes 32:1
  • High voltage: means a voltage in excess of six hundred volts between conductors, or between any conductor and the ground. See Louisiana Revised Statutes 45:141
  • High-level waste: means that waste resulting from the reprocessing of spent fuel rods or unreprocessed spent fuel rods. See Louisiana Revised Statutes 30:2103
  • Highway: means the entire width between the boundary lines of every way or place of whatever nature publicly maintained and open to the use of the public for the purpose of vehicular travel, including bridges, causeways, tunnels and ferries; synonymous with the word "street". See Louisiana Revised Statutes 32:1
  • Illegal gas: means gas which has been produced within the state from any well in excess of the amount allowed by any rule, regulation, or order of the commissioner, as distinguished from gas produced within the state not in excess of the amount so allowed by any rule, regulation, or order, which is "legal gas. See Louisiana Revised Statutes 30:3
  • Illegal oil: means oil which has been produced within the state from any well in excess of the amount allowed by any rule, regulation, or order of the commissioner, as distinguished from oil produced within the state not in excess of the amount so allowed by any rule, regulation, or order, which is "legal oil. See Louisiana Revised Statutes 30:3
  • Illegal product: means any product of oil or gas, any part of which was processed or derived, in whole or in part, from illegal oil or illegal gas or from any product thereof, as distinguished from "legal product" which is a product processed or derived to no extent from illegal oil or illegal gas. See Louisiana Revised Statutes 30:3
  • Immediately: means as expeditiously as the medical situation of the covered person requires but in no event longer than one day for expedited reviews or one business day for standard reviews. See Louisiana Revised Statutes 22:2392
  • Impaired insurer: means a member insurer which is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Louisiana Revised Statutes 22:2084
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Improvements: means the repairs, maintenance, and construction of facilities and on property, whether movable or immovable, owned, operated, leased, or administered by the port commission. See Louisiana Revised Statutes 34:1963
  • In utero embryo transfer: means the medical procedure whereby the genetic mother's egg is fertilized with the sperm of the genetic father, with the resulting embryo transferred into the uterus of the gestational carrier. See Louisiana Revised Statutes 9:2718.1
  • Income: means moneys received from the veterans administration and revenue or profit from any property wholly or partially acquired therewith. See Louisiana Revised Statutes 29:351
  • Independent review organization: means an entity that conducts independent external reviews of adverse determinations and final adverse determinations. See Louisiana Revised Statutes 22:2392
  • Indian tribe: means an Indian tribe having a federally recognized governing body carrying out substantial governmental duties and powers over any area within the state. See Louisiana Revised Statutes 40:2822
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvent insurer: means an insurer who meets both of the following criteria:

                (a) Is licensed and authorized to transact insurance in this state, either at the time the policy was issued or when the insured event occurred. See Louisiana Revised Statutes 22:2055

  • Insolvent insurer: means a member insurer which is placed under an order by a court of competent jurisdiction with a finding of insolvency. See Louisiana Revised Statutes 22:2084
  • Instrument: means any instrument, whether or not negotiable, which evidences the indebtedness of one or more persons. See Louisiana Revised Statutes 9:5321
  • Insurable property: means real and tangible personal property at a fixed location in Louisiana when such property is in an insurable condition and basic property insurance is not obtainable in the voluntary market and as further defined by the governing board. See Louisiana Revised Statutes 22:2292
  • Insurance policy: means an insurance contract as defined in Louisiana Revised Statutes 22:2055
  • Insured: means the party named on a policy or certificate as the individual with legal rights to the benefits provided by such policy. See Louisiana Revised Statutes 22:1962
  • Insured: means any named insured, any additional insured, any vendor, lessor, or any other party identified as an insured under the policy. See Louisiana Revised Statutes 22:2055
  • Insurer: means any person or other entity authorized to transact and transacting insurance business in this state. See Louisiana Revised Statutes 22:1931.1
  • Insurer: means any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, industrial and burial insurer, or any insurer that markets under the Home Service Marketing distribution method and issues a majority of its policies on a weekly or monthly basis, or any other legal entity engaged in the business of insurance, including insurance producers. See Louisiana Revised Statutes 22:1962
  • Intended parents: means a married couple who each exclusively contribute their own gametes to create their embryo and who enter into an enforceable gestational carrier contract, as defined in this Chapter, with a gestational carrier pursuant to which the intended parents will be the legal parents of the child resulting from an in utero embryo transfer. See Louisiana Revised Statutes 9:2718.1
  • Intended Use Plan: means a document which describes how the state intends to use the federal capitalization grant funds, state matching funds, principal repayments, interest earnings, and any other monies associated with the Drinking Water Revolving Loan Fund Program during each year in order to meet the objectives of the federal act and further the goal of protecting public health. See Louisiana Revised Statutes 40:2822
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended. See Louisiana Revised Statutes 11:701
  • 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.
  • Interruption of business: means business interruption caused by forced or voluntary closures or restricted operations, including but not limited to social distancing measures, decreased customer demand, cleaning or disinfection expenses, and providing personal protective equipment, related to COVID-19. See Louisiana Revised Statutes 39:100.42
  • Intersection: means : The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. See Louisiana Revised Statutes 32:1
  • Interstate highway: means a fully controlled access highway which is a part of the National System of Interstate and Defense Highways. See Louisiana Revised Statutes 32:1
  • Issuer: means a public trust and public corporation organized and existing by, under, and pursuant to the provisions of Louisiana Revised Statutes 30:82
  • Items: means any goods and services, and includes coupon books which are to be used with businesses other than the seller's business. See Louisiana Revised Statutes 45:822
  • Job training: means any type of instruction to an individual who resides within the district that enables him to acquire vocational skills so that he can become employable or be able to seek a higher grade of employment. See Louisiana Revised Statutes 33:9081
  • Joint committee: means the House Committee on Transportation, Highways and Public Works and the Senate Committee on Transportation, Highways and Public Works, functioning as a joint legislative committee. See Louisiana Revised Statutes 34:3451
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • knowingly: means that the person has actual knowledge of the falsity of the information or that the person acts in deliberate ignorance or reckless disregard of the truth or falsity of the information. See Louisiana Revised Statutes 22:1931.1
  • Landfill: means the direct or induced raising or elevating of any navigable waterbottom by deposit to the extent that newly emerging land results, not covered at mean low water or navigable rivers and streams or mean high water on other state properties. See Louisiana Revised Statutes 41:1704
  • 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.
  • Legacy: A gift of property made by will.
  • Legal representative: means an individual's personal representative or tutor. See Louisiana Revised Statutes 9:751
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Length: means the total longitudinal dimension of a single vehicle, a trailer, or a semi-trailer. See Louisiana Revised Statutes 32:1
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means a debt arising out of a transaction where goods or services have been received or rendered which must be liquidated, renewed, or refunded at some future date. See Louisiana Revised Statutes 39:2
  • Licensee: means any person who is licensed by the department in accordance with this Chapter and regulations promulgated by the secretary. See Louisiana Revised Statutes 30:2103
  • Licenses: means general licenses and specific licenses. See Louisiana Revised Statutes 30:2103
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lignite resource development: means the mining of lignite and industries directly related to the processing of lignite, including, but not limited to, the generation of electricity from lignite or lignite products, lignite gasification, and lignite liquefaction. See Louisiana Revised Statutes 30:1354
  • Lineal descendant: Direct descendant of the same ancestors.
  • Load: means a weight or quantity of anything resting upon something else regarded as its support. See Louisiana Revised Statutes 32:1
  • Loan: means a loan of money from the Drinking Water Revolving Loan Fund for eligible project costs. See Louisiana Revised Statutes 40:2822
  • Loan: means a transfer of money, property, or anything of value in exchange for an obligation to repay in whole or in part, made for the purpose of supporting, opposing, or otherwise influencing the nomination for election, or election, of any person to public office, for the purpose of supporting or opposing a proposition or question submitted to the voters, or for the purpose of supporting or opposing the recall of a public officer, whether made before or after the election. See Louisiana Revised Statutes 18:1483
  • Local government unit: means a parish, municipality, town, township, village or other unit of general government below the state level with parishwide jurisdiction including but not limited to sheriffs, coroners, and district attorneys. See Louisiana Revised Statutes 39:100.42
  • Local municipal authority: means every council, commission, or other board given authority by the constitution and laws of this state to govern the affairs of a municipality. See Louisiana Revised Statutes 32:1
  • Local parish authority: means every police jury, commission, council, or other board given authority by the constitution and laws of this state to govern the affairs of a parish of this state. See Louisiana Revised Statutes 32:1
  • Louisiana taxes: means all taxes administered by the secretary of the Department of Revenue pursuant to Title 47 of the Louisiana Revised Statutes of 1950, as amended. See Louisiana Revised Statutes 39:100.42
  • Major office: means the following offices: governor, lieutenant governor, secretary of state, attorney general, state treasurer, commissioner of agriculture, commissioner of insurance, the superintendent of education, public service commissioner, justice of the supreme court, court of appeal judge, district court judge in a judicial district comprised of a single parish with a population in excess of four hundred fifty thousand persons as determined by the most recently published decennial federal census where the election district is parishwide, as long as these offices are elective offices, and any candidate for office with an election district containing a population in excess of two hundred fifty thousand persons as determined by the most recently published decennial federal census. See Louisiana Revised Statutes 18:1483
  • Manager: means any individual designated by the owner to manage the daily business of a commercial body art facility. See Louisiana Revised Statutes 40:2831
  • Manifest: means the system and forms used for identifying the quantity, composition, origin, routing, and destination of hazardous wastes during its transportation from the point of generation to any point of disposal, treatment, or storage. See Louisiana Revised Statutes 30:2173
  • Mass balance attribution: means a chain of custody accounting methodology with rules defined by a third-party certification system that enables the attribution of the mass of advanced recycling feedstocks to one or more advanced recycling products. See Louisiana Revised Statutes 30:2153
  • Material: means rock, gravel, sand, shell, silt, or other inorganic substances used to fill any state lands of this state. See Louisiana Revised Statutes 41:1704
  • Medical or scientific evidence: means evidence found in the following sources:

                (a) Peer-reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff. See Louisiana Revised Statutes 22:2392

  • Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
  • Member insurer: means any person who meets both of the following criteria:

                (i) Is licensed and authorized to transact insurance in this state. See Louisiana Revised Statutes 22:2055

  • Member insurer: means any insurer or health maintenance organization licensed or which holds a certificate of authority to transact in this state any kind of insurance or health maintenance organization business for which coverage is provided by Louisiana Revised Statutes 22:2084
  • Metal tire: means every tire, the surface of which is in contact with the highway, is wholly or partly of metal or other hard, nonresilient material. See Louisiana Revised Statutes 32:1
  • Military surplus motor vehicle: means a wheeled, multipurpose or tactical motor vehicle manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications and subsequently authorized for sale to civilians. See Louisiana Revised Statutes 32:1
  • Minor: means an individual who has not attained the age of twenty-two years. See Louisiana Revised Statutes 9:751
  • Mobile home: means : (a) a trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode, or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on highways; or, (b) a trailer or semitrailer whose chassis and exterior shell is designed and constructed for use as a mobile home, as defined in (a), but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. See Louisiana Revised Statutes 32:1
  • Mobility aid: means a device used by individuals to ambulate independently and that is human or electric powered and used in- or outdoors. See Louisiana Revised Statutes 32:1
  • 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 carrier: means any person owning, controlling, managing, operating, or causing to be used or operated any commercial motor vehicle used in the transportation of persons or property over the public highways of this state, whether as a transportation agency or howsoever utilizing said public facilities. See Louisiana Revised Statutes 32:1
  • Motor driven cycle: means every motorcycle, including every motor scooter, with a motor of not to exceed five horsepower. See Louisiana Revised Statutes 32:1
  • Motor vehicle: means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but excluding a motorized bicycle and an electric-assisted bicycle. See Louisiana Revised Statutes 32:1
  • Motor vehicle: means every automobile or other motor vehicle which is self-propelled, other than trains and those propelled by electric power from overhead wires. See Louisiana Revised Statutes 22:2131
  • Motor vehicle: means any automobile, car, minivan, passenger van, sport utility vehicle, pickup truck, or other self-propelled vehicle not operated or driven on fixed rails or track. See Louisiana Revised Statutes 29:311
  • Motorcycle: means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, a motorized bicycle, and an electric-assisted bicycle. See Louisiana Revised Statutes 32:1
  • Motorized bicycle: means a pedal bicycle which may be propelled by human power or helper motor, or by both, but excluding an electric-assisted bicycle, with a motor rated no more than one and one-half brake horsepower, a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which produces a maximum design speed of no more than twenty-five miles per hour on a flat surface. See Louisiana Revised Statutes 32:1
  • Municipality: means an incorporated village, town, or city created under the authority of the constitution or laws of this state. See Louisiana Revised Statutes 32:1
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Natural gas company: means a person engaged in the production or sale of intrastate natural gas. See Louisiana Revised Statutes 30:591
  • Neighborhood assistance: means furnishing financial assistance, labor, material, or technical advice to aid in the physical improvement or rehabilitation of any part or all of the district. See Louisiana Revised Statutes 33:9081
  • Net direct premiums: means gross direct premiums, excluding reinsurance assumed, written for subject lines of business, less return premiums, dividends paid or credited to policyholders, or the unused or unabsorbed portions of premium deposits. See Louisiana Revised Statutes 22:2292
  • Net direct written premiums: means direct gross premiums written in this state on insurance policies to which this Part applies, including policy and membership fees, less return premiums thereon, premiums on policies not taken, and dividends paid or credited to policyholders on such direct business. See Louisiana Revised Statutes 22:2055
  • Net proceeds: means the funds raised from the sale of bonds minus issuance costs, which costs include but are not limited to the underwriting discount, printing of disclosure documents' bond certificates, and the fees of the underwriter's legal counsel, bond counsel, financial advisor, rating agency, and trustee banks. See Louisiana Revised Statutes 40:2822
  • Network: means the Louisiana Emergency Response Network. See Louisiana Revised Statutes 40:2842
  • Non-community water system: means a public water system that serves persons in a nonresidential setting. See Louisiana Revised Statutes 40:2822
  • Noncommercial: means built or maintained by either private citizens or nonprofit corporations for the purpose of recreation and enjoyment and not for revenue production, except for nonprofit corporations, or realizing profit. See Louisiana Revised Statutes 41:1704
  • noncompetitive lease: as used in this Chapter shall not refer to any proposed use for which the lease is granted. See Louisiana Revised Statutes 41:1709
  • NORM waste: means solid, liquid, or gaseous material or a combination of materials, excluding source material, special nuclear material, and byproduct material that has the following characteristics or qualities:

    (a)  Spontaneously emits radiation in its natural physical state. See Louisiana Revised Statutes 30:2103

  • Oath: A promise to tell the truth.
  • Obligation: means any retail installment sales contract, other contract for the purchase of goods or services, or bond, bill, note, or other instrument of writing for the payment of money arising out of the contract or other transaction for the purchase of goods or services. See Louisiana Revised Statutes 29:311
  • Office: means each principal operational unit within a department, except the executive office of the secretary. See Louisiana Revised Statutes 36:3
  • Office: means the office or offices within the Department of Environmental Quality to which the secretary has assigned the duties, responsibilities, and authority provided for by this Chapter. See Louisiana Revised Statutes 30:2223
  • Oil: means crude petroleum oil, and other hydrocarbons, regardless of gravity, which are produced at the well head in liquid form by ordinary production methods. See Louisiana Revised Statutes 30:3
  • Operating companies: means a person, company, or entity performing or furnishing services for the port commission related to the operations of facilities owned, leased, operated, or administered by the port commission. See Louisiana Revised Statutes 34:1963
  • Operational: means steering, braking, accelerating, or monitoring the vehicle and roadway. See Louisiana Revised Statutes 32:1
  • Operator: means any individual designated by the registrant to apply or to assist in the performance of body art procedures upon the consumer for remuneration. See Louisiana Revised Statutes 40:2831
  • Operator: means every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Louisiana Revised Statutes 32:1
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: means a final order imposed pursuant to a civil or criminal adjudication. See Louisiana Revised Statutes 22:1931.1
  • Orphaned oilfield site: means an oilfield site which has no continued useful purpose for the exploration, production, or development of oil or gas and which has been declared to be an orphaned oilfield site by the assistant secretary under Louisiana Revised Statutes 30:82
  • Overhead line: means all bare or insulated electrical conductors installed above ground, except those conductors that are de-energized and grounded or that are enclosed in rigid metallic conduits. See Louisiana Revised Statutes 45:141
  • Owner: means any person who operates a commercial body art facility. See Louisiana Revised Statutes 40:2831
  • Owner: means the actual owner of record. See Louisiana Revised Statutes 41:1704
  • Owner: means a person who owns or controls ten percent or more of the equity of, or otherwise has claim to ten percent or more of the net income of a telephonic seller. See Louisiana Revised Statutes 45:822
  • Owner: means a person who holds a legal title to a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale, lease, or transfer of possession thereof with the right of purchase upon the performance of the conditions stated in the agreement, with the right of immediate possession in the vendee, lessee, possessor, or in the event such similar transaction is had by means of mortgage and the mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee, possessor, or mortgagor shall be deemed the owner for the purposes of this Chapter. See Louisiana Revised Statutes 32:1
  • Owner: means the person, including operators and producers acting on behalf of the person, who has or had the right to drill into and to produce from a pool and to appropriate the production either for himself or for others. See Louisiana Revised Statutes 30:3
  • Parish custodian: refers to the parish custodian of voting machines and means the persons designated as such by Louisiana Revised Statutes 18:1351
  • Parish office of homeland security and emergency preparedness: means an agency of local government established pursuant to Louisiana Revised Statutes 45:841
  • parking: means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. See Louisiana Revised Statutes 32:1
  • Parking area: means an area used by the public as a means of access to and egress from, and for the free parking of motor vehicles by patrons of a shopping center, business, factory, hospital, institution, or similar building or location. See Louisiana Revised Statutes 32:1
  • Passenger car: means any passenger car required to be equipped with safety belts by Federal Motor Vehicle Standard No. See Louisiana Revised Statutes 32:1
  • Pavement structure: means the combination of subbase, base course, and surface course placed on an earth subgrade to support the traffic load and distribute it to the roadbed. See Louisiana Revised Statutes 32:1
  • Pedestrian: means any person afoot or utilizing a mobility aid. See Louisiana Revised Statutes 32:1
  • Pension reserve: means the present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of mortality tables adopted by the board of trustees, and regular interest. See Louisiana Revised Statutes 11:701
  • Pensions: means payments for life. See Louisiana Revised Statutes 11:701
  • Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • Person: shall mean any individual, partnership, corporation, organization, or entity not including political subdivisions or state agencies. See Louisiana Revised Statutes 41:1704
  • Person: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See Louisiana Revised Statutes 45:822
  • Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
  • Person: means any individual, partnership, limited liability company or corporation, association, labor union, political committee, corporation, or other legal entity, including their subsidiaries. See Louisiana Revised Statutes 18:1483
  • Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission or federal government agencies licensed by the United States Nuclear Regulatory Commission. See Louisiana Revised Statutes 30:2103
  • Person: means any natural or juridical entity or agent thereof as defined in federal or state law furnishing or claiming to furnish a good, service, or supply who is compensated with insurance proceeds. See Louisiana Revised Statutes 22:1931.1
  • Person: means any natural or artificial entity, including but not limited to individuals, partnerships, associations, trusts, or corporations. See Louisiana Revised Statutes 22:1962
  • Person: means any natural or juridical person, company, insurer, association, organization, reciprocal or inter-insurance exchange, partnership, business, trust, corporation, or other entity, including governmental entities. See Louisiana Revised Statutes 22:2055
  • Person: means any individual, corporation, partnership, association, or voluntary organization. See Louisiana Revised Statutes 22:2084
  • Person: means an individual, a partnership, a corporation, or an association. See Louisiana Revised Statutes 29:351
  • Person: means any natural person, corporation, association, partnership, receiver, tutor, curator, executor, administrator, fiduciary, or representative of any kind. See Louisiana Revised Statutes 30:3
  • Person: means any natural person, corporation, political subdivision, association, partnership, limited liability company, receiver, tutor, curator, executor, administrator, fiduciary, or representative of any kind. See Louisiana Revised Statutes 30:503
  • Person: means any individual, firm, joint venture, partnership, corporation, association, any political subdivision of this state, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee or personal representative thereof. See Louisiana Revised Statutes 30:702
  • Person: means an individual, corporation, organization, or other legal entity. See Louisiana Revised Statutes 9:751
  • Personal representative: means an executor, administrator, or representative of a decedent's estate or a person legally authorized to perform substantially the same functions. See Louisiana Revised Statutes 9:751
  • Pier: means any structure extending channelward from the shore or bank, built upon pilings with water on both sides, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing. See Louisiana Revised Statutes 41:1704
  • Pipeline facility: means and shall include, without limitation, new and existing pipe, right of way, and any equipment, facility, or building used or intended for use in the transportation of hazardous liquids; but, rights of way as used in this Chapter does not authorize the assistant secretary to prescribe the location or the routing of any pipeline facility. See Louisiana Revised Statutes 30:702
  • Pipeline facility: means and shall include, without limitation, new and existing pipe, right of way, and any equipment, facility, or building used or intended for use in the transportation of hazardous liquids; but, rights of way as used in this Chapter does not authorize the assistant secretary to prescribe the location or the routing of any pipeline facility. See Louisiana Revised Statutes 30:702
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan of operation: means the document setting the rules of operation of the corporation, as promulgated by the governing board and approved by the Louisiana Senate Committee on Insurance and the Louisiana House Committee on Insurance pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 22:2292
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Police officer: means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Louisiana Revised Statutes 32:1
  • Political subdivision: as used in this Part means any parish of this state as well as any city or county of another adjoining or adjacent state which is authorized by the law of that state to engage in a joint endeavor for the creation and operation of an airport district with a political subdivision of this state. See Louisiana Revised Statutes 2:131
  • Political subdivision: means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 18:581
  • Pollution source: means the immediate site or location of a discharge or potential discharge, including such surrounding property necessary to secure or quarantine the area from access by the general public. See Louisiana Revised Statutes 30:2004
  • Pool: means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas or both. See Louisiana Revised Statutes 30:3
  • Port authority: means the governing authority of any port area or port, harbor, and terminal district. See Louisiana Revised Statutes 34:3451
  • 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.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Premiums: means amounts received on covered policies or contracts, less considerations, deposits, dividends, and experience credits thereon. See Louisiana Revised Statutes 22:2084
  • Principal: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See Louisiana Revised Statutes 45:822
  • Principal campaign committee: means a political committee designated by a candidate pursuant to Louisiana Revised Statutes 18:1483
  • Principal residence of a child: means :

    (a)  The location designated by a court to be the primary residence of the child. See Louisiana Revised Statutes 9:355.1

  • Prior service: means service rendered prior to the date of establishment of the retirement system for which credit is allowable under Part III of this Chapter. See Louisiana Revised Statutes 11:701
  • Private road or driveway: means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. See Louisiana Revised Statutes 32:1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Producer: means a person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance, and includes all persons or business entities otherwise referred to in this Code as "insurance agent" "agent" "insurance broker" "broker" "insurance solicitor" "solicitor" or "surplus lines broker". See Louisiana Revised Statutes 22:1962
  • Producer: means the owner of a well capable of producing oil or gas or both. See Louisiana Revised Statutes 30:3
  • Producing oilfield site: means an oilfield site which is associated with the production of oil or gas for at least six months of the preceding calendar year. See Louisiana Revised Statutes 30:82
  • Product: means any commodity made from oil or gas. See Louisiana Revised Statutes 30:3
  • Program: means the Drinking Water Revolving Loan Fund Program as established by this Chapter. See Louisiana Revised Statutes 40:2822
  • Program: means the Fishermen's Gear Compensation and Underwater Obstruction Removal Program. See Louisiana Revised Statutes 30:101.3
  • Program: means a grouping of activities directed toward the accomplishment of a clearly defined objective or set of objectives. See Louisiana Revised Statutes 39:2
  • Project: means improvements or activities to be undertaken by a public water system which:

                (a) Are of a type that will facilitate compliance with state drinking water regulations which are no less stringent than any federal drinking water regulations adopted pursuant to the federal act. See Louisiana Revised Statutes 40:2822

  • Property: means any and all property, movable and immovable, corporeal and incorporeal. See Louisiana Revised Statutes 22:1931.1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • prospective purchaser: means a person who is solicited to become or does become obligated to a telephonic seller. See Louisiana Revised Statutes 45:822
  • Prospective review: means utilization review conducted prior to an admission or the provision of a health care service or a course of treatment in accordance with a health insurance issuer's requirement that the health care service or course of treatment, in whole or in part, be approved prior to its provision. See Louisiana Revised Statutes 22:2392
  • Protected health information: means either of the following:

                (a) Health information that identifies an individual who is the subject of the information. See Louisiana Revised Statutes 22:2392

  • Protective counter: means a counter, tabulator, or protective device that will register each time the machine is voted during the life of the machine. See Louisiana Revised Statutes 18:1351
  • provider: means a health care professional or a facility. See Louisiana Revised Statutes 22:2392
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Public agency: means any agency or political subdivision of the state which provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services. See Louisiana Revised Statutes 45:792
  • Public employee: means anyone who is:

                (a) An administrative officer or official of a governmental entity who is not filling an elective office. See Louisiana Revised Statutes 42:341

  • Public employee: means anyone who is:

                (a) An administrative officer or official of state government who is not holding an elective office. See Louisiana Revised Statutes 42:352

  • Public funds: means monies of the state, including but not limited to monies from the state risk management program established by Louisiana Revised Statutes 42:352
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public office: means any state, district, parish or municipal office, elective or appointive, or any position as member on a board or commission, elective or appointive, when the office or position is established by the constitution or laws of this state. See Louisiana Revised Statutes 42:1
  • Public office: means any state, parish, municipal, ward, district, or other office or position that is filled by election of the voters, except those specifically excepted in Paragraph (3) of this Section. See Louisiana Revised Statutes 18:1483
  • Public officer: is a ny person holding a public office in this state. See Louisiana Revised Statutes 42:1
  • Public safety agency: means a functional division of a public agency which provides firefighting, police, medical, or other emergency services. See Louisiana Revised Statutes 45:792
  • Public school: means any school conducted within the state under the authority and supervision of a city, parish, or other local school board and any educational institution supported by and under the control of the state. See Louisiana Revised Statutes 11:701
  • Public servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:341
  • Public servant: means a public employee or an elected official. See Louisiana Revised Statutes 42:352
  • Public water system: means a system for the provision to the public of water for potable purposes, through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily for at least sixty days out of the year. See Louisiana Revised Statutes 40:2822
  • Pyrolysis: means a manufacturing process through which post-use polymers or recovered feedstocks are heated in the absence of oxygen until melted and thermally decomposed, non-catalytically or catalytically, and are then cooled, condensed, and converted into valuable raw materials and intermediate and final products, including but not limited to plastic monomers, chemicals, naphtha, waxes, and plastic and chemical feedstocks that are returned to economic utility in the form of raw materials or products. See Louisiana Revised Statutes 30:2153
  • Quadrum axle: means any four consecutive axles whose centers are more than forty inches but not more than ninety-six inches apart, and are designed to equalize the load between axles. See Louisiana Revised Statutes 32:1
  • Radiation: means any electromagnetic or ionizing radiation including gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but does not include sound waves. See Louisiana Revised Statutes 30:2103
  • Radioactive material: means any material, whether solid, liquid, or gas, which emits radiation spontaneously. See Louisiana Revised Statutes 30:2103
  • Radioactive waste: means radioactive material, other than exploration and production waste as defined in LAC 43:XIX. See Louisiana Revised Statutes 30:2103
  • Railroad: means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. See Louisiana Revised Statutes 32:1
  • Railroad train: means a steam or diesel engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. See Louisiana Revised Statutes 32:1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receiver: means liquidator, rehabilitator, conservator or ancillary receiver, as the context requires. See Louisiana Revised Statutes 22:2055
  • Receivership court: means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the member insurer. See Louisiana Revised Statutes 22:2084
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recovery: means the recovery of attempted benefits pursued, overpayments, damages, fines, penalties, costs, expenses, restitution, attorney fees, interest, or settlement amounts. See Louisiana Revised Statutes 22:1931.1
  • Recovery program: means the Louisiana Main Street Recovery Program. See Louisiana Revised Statutes 39:100.42
  • Registrant: means any person who is registered with the department as required by provisions of this Chapter. See Louisiana Revised Statutes 40:2831
  • Registration: means the identification of any material or device capable of emitting radiation, together with such other information as the owner of such material or device is required to furnish by rules and regulations adopted pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 30:2103
  • Regular interest: means interest compounded annually at such a rate as shall be determined by the board of trustees in accordance with Louisiana Revised Statutes 11:701
  • Relocation: means a change in the principal residence of a child for a period of sixty days or more, but does not include a temporary absence from the principal residence. See Louisiana Revised Statutes 9:355.1
  • 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.
  • Repairs: means those activities necessary to maintain any and all facilities and real property owned, operated, leased, or administered by the port commission in a workable, functional, or operational condition. See Louisiana Revised Statutes 34:1963
  • 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).
  • Reporting period: shall mean those periods established by Louisiana Revised Statutes 18:1483
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Rescission: means cancellation or discontinuance of coverage under a health benefit plan that has a retroactive effect. See Louisiana Revised Statutes 22:2392
  • Resident: means a person who resides in this state on the date of entry of a court order that determines a member insurer to be an impaired insurer or a court order that determines a member insurer to be an insolvent insurer and to whom a contractual obligation is owed. See Louisiana Revised Statutes 22:2084
  • Residential building: means any structure which is constructed and developed for residential occupancy. See Louisiana Revised Statutes 30:1202
  • Residents: shall mean and include persons, partnerships, or corporations, domestic, alien, or foreign. See Louisiana Revised Statutes 22:1942
  • Resource recovery: means the process by which materials, excluding those under control of the Nuclear Regulatory Commission, which still have useful physical or chemical properties after serving a specific purpose are reused or recycled for the same or other purposes, including uses as an energy source. See Louisiana Revised Statutes 30:2153
  • Responsible party: means the operator of record according to the office of conservation records, who last operated the property on which the oilfield site is located at the time the site is about to be abandoned, ceases operation, or becomes an unusable oilfield site, and that operator's partners and working interest owners of that oilfield site. See Louisiana Revised Statutes 30:82
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:701
  • Retirement allowance: means the sum of the annuity and the pensions or any optional benefit payable in lieu thereof. See Louisiana Revised Statutes 11:701
  • Retirement system: means the Teachers' Retirement System of Louisiana as defined in Louisiana Revised Statutes 11:701
  • Retrospective review: means a utilization review conducted after services have been provided to a patient, but does not include the review of a claim that is limited to an evaluation of reimbursement levels, veracity of documentation, accuracy of coding, or adjudication for payment. See Louisiana Revised Statutes 22:2392
  • Revenues: means the revenues described in Louisiana Revised Statutes 30:82
  • Right of way: means the privilege of the immediate use of the highway. See Louisiana Revised Statutes 32:1
  • Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular traffic, exclusive of the berm or shoulder. See Louisiana Revised Statutes 32:1
  • roll cage: shall mean supports that will bear the vehicle's weight and are so designed as to protect the occupants when the vehicle is resting on the supports. See Louisiana Revised Statutes 32:1
  • Running surface waters: means the running waters of the state, including the waters of navigable water bodies and state owned lakes. See Louisiana Revised Statutes 30:962
  • Rural Property: means a tract of land which is at least forty acres in area and from which at least seventy-five percent of the income derived is from agricultural or livestock purposes or mineral income and which is not located within the territorial limits of any incorporated municipality. See Louisiana Revised Statutes 9:5321
  • safety glass: as used in this Chapter shall mean glass so treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injuries to persons by objects from external sources or by glass, when the glass is cracked or broken. See Louisiana Revised Statutes 32:360
  • Safety zone: means the area or space officially set apart within a highway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. See Louisiana Revised Statutes 32:1
  • Salesperson: means any individual employed, appointed, or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. See Louisiana Revised Statutes 45:822
  • Sanitary landfill: means a controlled area of land upon which nonhazardous solid waste is deposited in such a manner that protects the environment with no on-site burning of wastes, and so located, contoured, and drained that it will not constitute a source of water pollution. See Louisiana Revised Statutes 30:2153
  • School bus: means every motor vehicle that is used to transport students to and from school or in connection with school activities, but not including a charter bus or transit bus. See Louisiana Revised Statutes 32:1
  • Seat belt: means the manual restraint system installed by the manufacturer as required by Federal Motor Vehicle Standard No. See Louisiana Revised Statutes 32:1
  • Second opinion: means an opportunity or requirement to obtain a clinical evaluation by a provider other than the one originally making a recommendation for a proposed health care service to assess the clinical or medical necessity and appropriateness of the initial proposed health care service. See Louisiana Revised Statutes 22:2392
  • Secretary: means the officer appointed by the governor as the executive head and chief administrative officer of certain departments created and provided for by this Title. See Louisiana Revised Statutes 36:3
  • Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
  • Secretary: means the secretary of the Department of Energy and Natural Resources and his designees. See Louisiana Revised Statutes 30:962
  • Secretary: means the secretary of the Department of Energy and Natural Resources or his designee. See Louisiana Revised Statutes 30:1202
  • Secretary: means the secretary of the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:1354
  • Secretary: means the secretary of the Department of Transportation and Development or his delegated or authorized representative. See Louisiana Revised Statutes 32:1
  • Secretary: means the secretary of the Department of Energy and Natural Resources. See Louisiana Revised Statutes 30:82
  • Secretary: means the secretary of the Department of Energy and Natural Resources or his authorized representatives. See Louisiana Revised Statutes 30:101.3
  • self-insured governmental entity: shall mean any agency of the state, political subdivision of the state, or agency thereof, or consortium of governmental entities that maintains a self-insured loss fund or risk pool. See Louisiana Revised Statutes 22:1923
  • Self-insurer: means a person that covers its liabilities through a qualified individual or group self-insurance program created for the specific purpose of covering liabilities typically covered by insurance. See Louisiana Revised Statutes 22:2055
  • seller: means a person who, on his or her own behalf or through salespersons, causes a telephone solicitation or attempted telephone solicitation to occur in which either the telephonic seller or the purchaser, or both, are located in Louisiana and which meets the following criteria:

    (a)  A telephone solicitation or attempted telephone solicitation wherein the telephonic seller initiates telephonic contact with a prospective purchaser and represents or implies one or more of the following:

    (i)  That a prospective purchaser who buys one or more items will also receive additional or other items, whether or not of the same type as purchased, without further cost. See Louisiana Revised Statutes 45:822

  • Semitrailer: means every single vehicle without motive power designed for carrying property and passengers and so designed in conjunction and used with a motor vehicle that some part of its own weight and that of its own load rests or is carried by another vehicle and having one or more load-carrying axles. See Louisiana Revised Statutes 32:1
  • Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
  • Service of process: The service of writs or summonses to the appropriate party.
  • Set-asides: means use of a portion of the state's allotted capitalization grant funds for various project and non-project activities as authorized under the federal act. See Louisiana Revised Statutes 40:2822
  • sewerage district: as used in this Subpart shall include the city of Shreveport. See Louisiana Revised Statutes 33:3981.1
  • Sexual harassment: means unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature which explicitly or implicitly affects an individual's employment or the holding of office, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, by a public servant of the state. See Louisiana Revised Statutes 42:352
  • Shoulder: means the portion of the highway contiguous with the roadway for accommodation of stopped vehicles, for emergency use, pedestrian use, mobility aid use, bicycle use, and for lateral support of base and surface. See Louisiana Revised Statutes 32:1
  • Sidewalk: means that portion of a highway between the curb lines, or the lateral lines of a highway, and the adjacent property lines, intended for the use of pedestrians. See Louisiana Revised Statutes 32:1
  • Single axle: means an assembly of two or more wheels, whose centers are in one transverse vertical plane or may be included between two parallel transverse vertical planes forty inches apart extending across the full width of the vehicle. See Louisiana Revised Statutes 32:1
  • Site restoration: means any and all oilfield site restoration activities required of a responsible party of an oil or gas property by regulations adopted by the office of conservation pursuant to this Subtitle, including without limitation plugging of oil and gas wells, pit closure, site remediation, and removal of oilfield equipment. See Louisiana Revised Statutes 30:82
  • Solar device: means the equipment associated with the collection, transfer, distribution, storage, and control of solar energy. See Louisiana Revised Statutes 30:1151
  • Solid waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include or mean solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Louisiana Revised Statutes 30:2153
  • Solution mined cavern: means a cavity created within the salt stock by dissolution with water. See Louisiana Revised Statutes 30:3
  • Solution mining injection well: means a well into which fluids, other than fluids associated with active drilling operations, are injected for extraction of minerals or energy. See Louisiana Revised Statutes 30:3
  • Solvolysis: means a manufacturing process through which post-use polymers are purified with the aid of solvents while heated at low temperatures or heated at low temperatures and pressurized to make useful products, while allowing additives and contaminants to be removed. See Louisiana Revised Statutes 30:2153
  • Sophisticated system: means a basic system with the additional capability of automatic identification of the caller's number, holding the incoming call, reconnection on the same telephone line, clearing a telephone line or automatic call routing or combinations of such capabilities. See Louisiana Revised Statutes 45:792
  • Source material: means uranium or thorium, or any combination thereof, in any physical or chemical form, or ores which contain by weight one-twentieth of one percent or more of uranium, thorium, or any combination thereof, but source material does not include special nuclear material. See Louisiana Revised Statutes 30:2103
  • Source of radiation: means any radioactive material or any device or equipment emitting or capable of producing radiation. See Louisiana Revised Statutes 30:2103
  • Special class system: means a pipeline system for distributing gas to a federal, state, or local government facility or to a private facility performing a government function through which the operator receives or purchases gas from an outside source and distributes the gas through a pipeline system to more than one outlet beyond the meter or regulator, which ultimate outlet may, but need not be, individually metered or charged a fee for the gas. See Louisiana Revised Statutes 30:503
  • Special nuclear material: means either of the following:

    (a)  Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the United States Nuclear Regulatory Commission, pursuant to the provisions of Section 51 of the Atomic Energy Act of 1954, as amended, determines to be special nuclear material, but does not include source material. See Louisiana Revised Statutes 30:2103

  • Special permit: means a written authorization to move or operate on a highway a vehicle or combination of vehicles with indivisible load of size and/or weight exceeding the limits prescribed for vehicles in regular operation. See Louisiana Revised Statutes 32:1
  • Special permit applicant: means an individual, firm, partnership, corporation, or association making application for a special permit to transport a vehicle, combination of vehicles, and/or load which is oversize or overweight and under whose authority and responsibility such vehicle or load is transported. See Louisiana Revised Statutes 32:1
  • Special waste: means and includes the following:

    (a)  Spent bauxite (red mud) resulting from production of alumina. See Louisiana Revised Statutes 30:2241

  • Specific license: means a license issued after application to the department to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, byproduct, source, or special nuclear materials, technologically enhanced natural radioactive material, or other radioactive material occurring naturally or produced artificially. See Louisiana Revised Statutes 30:2103
  • standing: means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. See Louisiana Revised Statutes 32:1
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Louisiana Revised Statutes 9:751
  • State: means the state of Louisiana. See Louisiana Revised Statutes 39:100.42
  • State government: means the legislative branch, executive branch, and judicial branch of state government, but shall not include any parish, municipality, or any other unit of local government, including a school board special district, mayor's court, justice of the peace court, district attorney, sheriff, clerk of court, coroner, tax assessor, registrar of voters, or any other elected parochial or municipal official. See Louisiana Revised Statutes 42:352
  • State health officer: means the employee of the department who is the chief health care official of the state as provided for in Louisiana Revised Statutes 40:2831
  • State maintained highway: means any highway in this state which is contained in the state highway system as defined by law or which is maintained by the department. See Louisiana Revised Statutes 32:1
  • 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 22:1923
  • Statute: A law passed by a legislature.
  • Steering axle: means the axle of a motor vehicle or combination of vehicles by which the same is guided or steered. See Louisiana Revised Statutes 32:1
  • Stevedoring company: means a person, company, or entity performing or furnishing the necessary equipment and manpower to load, unload, transport, or ship goods, products, or commodities. See Louisiana Revised Statutes 34:1963
  • Stop: means , when required, the complete cessation from movement. See Louisiana Revised Statutes 32:1
  • stopping: means , when prohibited, any halting, even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, weights and standards police officer, or traffic control sign or signal. See Louisiana Revised Statutes 32:1
  • Storage: means the containment of hazardous waste on a temporary basis, for such time as may be permitted by regulations, in such a manner as not to constitute disposal of such hazardous waste. See Louisiana Revised Statutes 30:2173
  • Strategic: means determining destinations and waypoints. See Louisiana Revised Statutes 32:1
  • Strawberries: means all strawberries of the grades as recommended by the United States Department of Agriculture and the State Market Commission. See Louisiana Revised Statutes 3:730.2
  • Street: means the entire width between the boundary lines of every way or place of whatever nature publicly maintained and open to the use of the public for the purpose of vehicular travel, including bridges, causeways, tunnels, and ferries; synonymous with the word "highway". See Louisiana Revised Statutes 32:1
  • Structure: means any encroachment upon state lands, other than those which are specified as the subject matter of a particular class of permit, which is permanently attached to the public lands by pilings, or other means, including, but not limited to storage docks, houses, camps, warehouses, residences, bulkheads not proximate to the shore or bank, business establishments, dams, bridges, impoundment structures, or similar works. See Louisiana Revised Statutes 41:1704
  • Structured settlement annuity: means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant. See Louisiana Revised Statutes 22:2084
  • Subject lines of business: means the following lines of business: fire, allied lines, homeowners' multiperil, the property insurance portion of commercial multiperil policies, and the business interruption insurance portion of commercial multiperil policies or such interruption insurance with respect to commercial properties on a monoline basis. See Louisiana Revised Statutes 22:2292
  • Subsidiary committee: means a political committee other than a principal campaign committee, designated by a candidate or by a principal campaign committee pursuant to Louisiana Revised Statutes 18:1483
  • supervised financial institution: means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer, provided that the institution is subject to supervision by an official or agency of this state or of the United States. See Louisiana Revised Statutes 45:822
  • Supervisory committee: means the Board of Ethics established in Louisiana Revised Statutes 18:1483
  • Tandem axle: means any two consecutive axles whose centers are more than forty inches but not more than ninety-six inches apart, and are designed to equalize the load between axles. See Louisiana Revised Statutes 32:1
  • Tandem axle weight: means the total weight transmitted to the road by a tandem axle. See Louisiana Revised Statutes 32:1
  • Tax: means the amount of tax due under this Chapter, and any amount of interest due under this Chapter, unless the intention to give it a more limited meaning is disclosed by the context. See Louisiana Revised Statutes 30:2241
  • Taxpayer: means any person liable to pay any tax or file any return under this Chapter, regardless of whether such person has paid any tax or filed the required return. See Louisiana Revised Statutes 30:2241
  • Telephone access line: means any seven-digit telephone number for each call to which a fee is charged. See Louisiana Revised Statutes 45:810
  • Telephone company: means an entity which provides local telephone service to subscribers for a fee. See Louisiana Revised Statutes 45:841
  • Telephone solicitation: means a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes, or for the purpose of soliciting contributions for or on behalf of a charitable organization as defined in Louisiana Revised Statutes 45:844.1
  • Telephone solicitor: means any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephone solicitation, including but not limited to calls made by use of automated dialing or recorded message devices. See Louisiana Revised Statutes 45:844.1
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third-party certification system: means an international and multinational third-party certification system which consists of a set of rules for the implementation of mass balance attribution approaches for advanced recycling of materials. See Louisiana Revised Statutes 30:2153
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel. See Louisiana Revised Statutes 32:1
  • Traffic control device: means all signs, signals, markings, and devices, not inconsistent with this Chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. See Louisiana Revised Statutes 32:1
  • Traffic control signal: means a type of highway traffic signal, manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Louisiana Revised Statutes 32:1
  • Trailer: means every single vehicle without motive power designed for carrying property or passengers wholly on its own structure, drawn by a motor vehicle which carries no part of the weight and load of the trailer on its own wheels and having two or more load carrying axles. See Louisiana Revised Statutes 32:1
  • 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 a transaction that creates custodial property under Louisiana Revised Statutes 9:751
  • Transfer facility: means any transportation-related facility designed and constructed to be used exclusively for the handling of regulated hazardous wastes including loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held during the normal course of transportation. See Louisiana Revised Statutes 30:2173
  • Transfer of funds: means any money, regardless of amount, received by a committee from another committee or money given by a committee to another committee. See Louisiana Revised Statutes 18:1483
  • Transferor: means a person who makes a transfer under this Subpart. See Louisiana Revised Statutes 9:751
  • Transportation: means the movement of hazardous wastes from the point of generation or storage to the point of treatment, storage, or disposal by any means of commercial or private transport. See Louisiana Revised Statutes 30:2173
  • Transportation of hazardous liquids: means the movement of hazardous liquids by pipeline, or their storage incidental to such movement, in or affecting intrastate commerce; however, it shall not include any such movement through gathering lines in rural locations, onshore production, refining, or manufacturing facilities, or storage or in-plant piping systems associated with any of such facilities. See Louisiana Revised Statutes 30:702
  • Treasurer: means the state treasurer of Louisiana. See Louisiana Revised Statutes 39:100.42
  • Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or render it nonhazardous, safer for transport, amenable for recovery or storage, or reduced in volume. See Louisiana Revised Statutes 30:2173
  • Tridum axle: means any three consecutive axles whose centers are more than forty inches but not more than ninety-six inches apart, and are designed to equalize the load between axles. See Louisiana Revised Statutes 32:1
  • Truck: means every motor propelled single vehicle for the conveyance of property or things for hauling purposes and having one front steering axle and one rear or load carrying axle. See Louisiana Revised Statutes 32:1
  • Truck-tractor: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load drawn. See Louisiana Revised Statutes 32:1
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust company: means a financial institution, corporation, or other legal entity authorized to exercise general trust powers. See Louisiana Revised Statutes 9:751
  • Trustee: A person or institution holding and administering property in trust.
  • Tutor: means any person acting as a fiduciary for a minor ward. See Louisiana Revised Statutes 29:351
  • Tutor: means a person appointed or qualified by a court to act as guardian of a minor's property or a person legally authorized to perform substantially the same functions, including but not limited to a curator. See Louisiana Revised Statutes 9:751
  • Unallocated annuity contract: means any annuity contract or group annuity certificate which is not issued to and owned by an individual except to the extent of any annuity benefits guaranteed to an individual by an insurer under such contract or certificate. See Louisiana Revised Statutes 22:2084
  • Undersecretary: means the officer designated to direct and be responsible for the functions of the office of management and finance of certain departments. See Louisiana Revised Statutes 36:3
  • Underwater obstruction: means any obstacle, whether natural or manmade, which impedes normal navigation and commercial fishing on the navigable waters of the state. See Louisiana Revised Statutes 30:101.3
  • Unfair Trade Practice Law: shall mean the law relating to unfair methods of competition and unfair and deceptive acts and practices in the business of insurance, as set out in Part IV of this Chapter, Louisiana Revised Statutes 22:1942
  • 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
  • Unlisted number: means an active telephone number which is not published in a telephone directory. See Louisiana Revised Statutes 45:841
  • Unusable oilfield site: means an oilfield site which has no continued useful purpose for the exploration, production, or development of oil or gas and for which a responsible party can be located. See Louisiana Revised Statutes 30:82
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Urgent care request: means :

                (a) A request for a health care service or course of treatment with respect to which the time periods for making a non-urgent care request determination either:

                (i) Could seriously jeopardize the life or health of the covered person or the ability of the covered person to regain maximum function. See Louisiana Revised Statutes 22:2392

  • 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.
  • Utilization review: means a set of formal techniques designed to monitor the use of or evaluate the clinical or medical necessity, appropriateness, efficacy, or efficiency of health care services, procedures, or settings. See Louisiana Revised Statutes 22:2392
  • Utilization review organization: means a licensed entity that conducts utilization review in the internal claims and appeals process provided pursuant to Louisiana Revised Statutes 22:2392
  • Variance: means a special authorization granted to a person for a limited period of time which allows that person a specified date for compliance with a requirement pursuant to the provisions of this Subtitle. See Louisiana Revised Statutes 30:2004
  • Vehicle: means every device by which persons or things may be transported upon a public highway or bridge, except devices moved by human power or used exclusively upon stationary rails or tracks. See Louisiana Revised Statutes 32:1
  • Venue: The geographical location in which a case is tried.
  • Veterans administration: means the veterans administration, its predecessors, or successors. See Louisiana Revised Statutes 29:351
  • 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
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • Voter-verified paper record: means a paper document or a secure hand-marked paper ballot produced by a voting system that the voter can review and verify before officially casting his ballot. See Louisiana Revised Statutes 18:1351
  • Voting machine: means the enclosure occupied by the voter when voting, as formed by the voter-facing vote-capture device, including its screen and privacy shield. See Louisiana Revised Statutes 18:1351
  • Voting system: means the total combination of equipment, hardware, firmware, software, materials, and documentation used to cast and count votes or to perform any of the support functions to enable the casting or counting of votes. See Louisiana Revised Statutes 18:1351
  • Ward: means a beneficiary of the veterans administration. See Louisiana Revised Statutes 29:351
  • Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Louisiana Revised Statutes 30:2173
  • Waste: means all nonproduct outputs from all environmental media, even though they may be within permitted or licensed limits. See Louisiana Revised Statutes 30:2293
  • Waste product: means any liquid, sludge, effluent, semi-liquid or other substance resulting from any process, whether manufacturing or otherwise. See Louisiana Revised Statutes 30:3
  • Waste reduction: means in-plant practices that reduce, avoid, or eliminate the generation of hazardous or solid waste so as to reduce the risks to human health and the environment. See Louisiana Revised Statutes 30:2293
  • Waste site: means a landfill, pit, pond, lagoon, or other pollution source that contains hazardous wastes, including such surrounding property necessary to contain and impound the site and to secure or quarantine the area from access by the general public. See Louisiana Revised Statutes 30:2223
  • wastes: means those elements or compounds defined or identified as hazardous wastes pursuant to the Louisiana Hazardous Waste Control Law, La. See Louisiana Revised Statutes 30:2223
  • wastes: means those fluids, sludges, elements, or compounds defined or identified as oilfield wastes or non-hazardous oilfield wastes pursuant to Louisiana Revised Statutes 30:73
  • Wharf: means any structure built upon pilings extending along the shore and generally connected with the bank or shore along its length, with or without a sunshade or boathouse, built or maintained for the purpose of providing a berthing or mooring place for watercraft or for loading or unloading cargo or passengers onto or from watercraft or for fishing. See Louisiana Revised Statutes 41:1704
  • Width: means the total outside transverse dimension of a vehicle including any load or load holding devices thereon but excluding approved safety devices and tire bulge due to load. See Louisiana Revised Statutes 32:1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.