Terms Used In Louisiana Revised Statutes > Title 22 > Chapter 3 - Deposits, Assessments, Fees and Taxes

• Abatement: means any set of measures as determined by the secretary designed to permanently eliminate lead hazards including:

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

• Account: means the Lead Hazard Reduction Dedicated Fund Account created pursuant to this Chapter. See Louisiana Revised Statutes 30:2351.1
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Arrest: Taking physical custody of a person by lawful authority.
• 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.
• 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.
• Certificate: means :

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

• Certified: means , with regard to a person engaged in a lead hazard reduction activity, that the person successfully has completed the training and other requirements for engaging in lead hazard reduction activities established by the secretary. See Louisiana Revised Statutes 30:2351.1
• Child-occupied facility: means a building or portion of a building or common area, other than the child's principal residence, constructed prior to 1978, and meeting one of the following:

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

• Continuance: Putting off of a hearing ot trial until a later time.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1
• 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
• Executor: A male person named in a will to carry out the decedent
• 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

• Implementation plan: means any pollution control or other environmental regulatory plan prepared by a state agency in compliance with the terms of the Clean Air Act (Louisiana Revised Statutes 30:2004
• Inspection: means :

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

• Inspector: means a person certified pursuant to the provisions of this Chapter who conducts inspections. See Louisiana Revised Statutes 30:2351.1
• Insurable interest: as used in this Chapter means any lawful and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage. See Louisiana Revised Statutes 22:853
• 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.
• Lead contractor: means any person employing workers engaged in lead hazard reduction activities and a self-employed individual who engages in lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1
• Lead hazard: means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the secretary; and shall include lead-based paint as defined by the Residential Lead-Based Paint Hazard Reduction Act of 1992. See Louisiana Revised Statutes 30:2351.1
• Lead hazard reduction activities: means the assessment of lead hazards, and the planning, implementation, and inspection of abatement activities, as determined by the secretary; and shall include lead-based paint activities as defined by the Residential Lead-Based Paint Hazard Reduction Act of 1992. See Louisiana Revised Statutes 30:2351.1
• Lead-contaminated waste: means any discarded material resulting from an abatement activity that fails the toxicity characteristic determined by the secretary due to the presence of lead or any material that is a mixture of discarded material resulting from an abatement activity and some other material. See Louisiana Revised Statutes 30:2351.1
• License: means an authorization issued by the State Licensing Board for Contractors that allows a person to engage in certain lead hazard reduction activities. See Louisiana Revised Statutes 30:2351.1
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• 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, business entity, governmental body, or other public or private entity including, to the extent not preempted by state or federal law or regulation, the federal government and its agencies. See Louisiana Revised Statutes 30:2351.1
• 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}
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Public entity: means the state, any of its political subdivisions, or any agency or instrumentality of either. See Louisiana Revised Statutes 30:2351.1
• Recess: A temporary interruption of the legislative business.
• 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).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
• Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2351.1
• Secretary: as used in this Part shall mean the secretary of the Department of Revenue. See Louisiana Revised Statutes 30:2483
• system: means and refers to the programs and institutions under the jurisdiction of the respective management boards for postsecondary education created by or under authority of the Constitution of Louisiana. See Louisiana Revised Statutes 17:3202
• 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}
• 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