Sections
Part I General Provisions and Definitions 6:969.1 – 6:969.8
Part II Maximum Charges 6:969.9 – 6:969.18
Part III Prepayment of Motor Vehicle Credit Transactions 6:969.19 – 6:969.21
Part IV Limitations On Agreements and Practices 6:969.22 – 6:969.24.2
Part V Insurance 6:969.25 – 6:969.32
Part VI Violations 6:969.33 – 6:969.34
Part VII Licensing Provisions 6:969.35 – 6:969.42
Part VIII Gap Coverage 6:969.51 – 6:969.54

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Terms Used In Louisiana Revised Statutes > Title 6 > Chapter 10-B - Louisiana Motor Vehicle Sales Finance Act

  • Accumulated contributions: means the sum of all regular contributions, plus regular interest thereon, placed to the credit of the participant in the annuity savings account. See Louisiana Revised Statutes 11:951.1
  • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member and credited to his individual account. See Louisiana Revised Statutes 11:952.1
  • Actuarial equivalent: means a benefit of equal value when computed upon the basis of the mortality tables adopted by the board of trustees plus regular interest. See Louisiana Revised Statutes 11:951.1
  • Actuarial equivalent: means a benefit of equal value, when computed upon the basis of mortality tables adopted by the board of supervisors and regular interest. See Louisiana Revised Statutes 11:952.1
  • Actuarial equivalent: means a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed upon the basis of such interest and mortality assumptions as are adopted by the board or provided in law. See Louisiana Revised Statutes 11:3682
  • Administrative adjudication: means adjudication and the adjudication process contained in the Administrative Procedure Act. See Louisiana Revised Statutes 46:437.3
  • Administrator: means any person, except an employee of an administrator, who directly or indirectly solicits or effects coverage of, underwrites, collects charges or premiums from, or adjusts or settles claims on residents of this state in connection with debt waiver or debt forgiveness agreements. See Louisiana Revised Statutes 6:969.6
  • Adult paraphernalia store: means an establishment that has as a substantial or significant portion of its stock clothing, objects, tools, toys, or any other items distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement. See Louisiana Revised Statutes 46:231
  • Advance fee: means any consideration which is assessed or collected prior to the issuance of a written commitment to make a loan that is binding on the lender, provided that certain conditions precedent are satisfied. See Louisiana Revised Statutes 9:3574.2
  • Adverse determination: means any of the following relative to a claim by a provider for payment for a healthcare service rendered by the provider to an enrollee of the Medicaid managed care organization:

                (a) A decision by a managed care organization that denies a claim in whole or in part. See Louisiana Revised Statutes 46:460.51

  • Adverse determination: means any decision rendered by the recovery audit contractor that results in a payment to a provider for a claim or service being reduced either partially or completely. See Louisiana Revised Statutes 46:440.12
  • 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.
  • Advisor: means a person who regularly provides legal, accounting, or management services or advice to a licensee. See Louisiana Revised Statutes 51:2397
  • Affiliate: when used with respect to a specified person, means any person, other than a natural person, controlling, controlled by or under common control with, such specified person, directly or indirectly through one or more intermediaries. See Louisiana Revised Statutes 51:2388
  • Affiliate: as used in this Chapter , means a specific person who is directly or indirectly, through one or more intermediaries, controlled by, or controls, or is under common control with the person specified. See Louisiana Revised Statutes 9:3516
  • Affiliate: means , when used with reference to a specified person, an entity that directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the entity specified. See Louisiana Revised Statutes 45:1332
  • 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 the state, a political subdivision of the state, and any officer, agency, board, commission, department or similar body of the state or any political subdivision of the state. See Louisiana Revised Statutes 51:3073
  • Agency: means a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity. See Louisiana Revised Statutes 42:1102
  • agent: means any person licensed by the commission whose duties include the sale of a debt waiver or debt forgiveness agreement on behalf of the administrator. See Louisiana Revised Statutes 6:969.6
  • Agent: means a person who is employed by or has a contractual relationship with a health care provider or who acts on behalf of the health care provider. See Louisiana Revised Statutes 46:437.3
  • Aggrieved person: includes any person who:

                (a) Claims to have been injured by a discriminatory housing practice; or

                (b) Believes that he will be injured by a discriminatory housing practice that is about to occur. See Louisiana Revised Statutes 51:2603

  • Allegation: something that someone says happened.
  • Amount deferred: means the cash price subtracting any down payment under a consumer credit sale, plus any other amounts for goods or services including without limitation, any negative equity trade-in allowance, insurance, extended warranty, service contract, and other fees and charges that are financed by the extender of credit under the transaction, and included in the principal balance of the consumer's indebtedness subject to credit service charges. See Louisiana Revised Statutes 6:969.6
  • Amount financed: means the amount borrowed under a consumer loan, plus any other amounts for goods or services including without limitation, any negative equity trade-in allowance, insurance, extended warranty, service contract, notary fees, license, title, filing and lien release fees, and other fees and charges that are financed by the extender of credit under the transaction, and included in the principal balance of the consumer's indebtedness subject to loan finance charges. See Louisiana Revised Statutes 6:969.6
  • Amusement attraction: means a movie theater, video arcade, or any other building, structure, or place principally devoted to activities providing amusement, pleasure, thrills, or excitement. See Louisiana Revised Statutes 46:231
  • Amusement ride: includes inflatables. See Louisiana Revised Statutes 46:231
  • Ancillary agreement: means any bond, insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other financial arrangement entered into in connection with the issuance or payment of system restoration bonds. See Louisiana Revised Statutes 45:1312
  • Annuity: means payments for life derived from the "accumulated contributions" of a member. See Louisiana Revised Statutes 11:701
  • Annuity: means annual payments for life, payable in equal monthly installments, derived from the accumulated contributions placed to the credit of the participant in the annuity reserve account. See Louisiana Revised Statutes 11:951.1
  • 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.
  • Applicant: means a healthcare provider seeking to be approved or credentialed by a managed care organization to provide healthcare services to Medicaid enrollees. See Louisiana Revised Statutes 46:460.51
  • Applicant: means a parent or relative of the parent who applies for FITAP on behalf of a child. See Louisiana Revised Statutes 46:231
  • Artist: means the creator or each of the joint creators of a work of fine art. See Louisiana Revised Statutes 51:2152
  • 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
  • Associate: means , if used with respect to a licensee:

    (i)  A controlling person, director, manager, officer, agent, or advisor of that licensee. See Louisiana Revised Statutes 51:2397

  • Attest: means providing the following services, subject to the exceptions provided for in La. See Louisiana Revised Statutes 37:73
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized user: means with respect to a computer, a person who owns or is authorized by the owner or lessee to use the computer. See Louisiana Revised Statutes 51:2007
  • Automated teller machine: means an electronic hardware device that is capable of dispensing currency and responding to balance inquiries through the use of a magnetic stripe card issued by or on behalf of the state for distribution of assistance through an electronic benefits transfer system as described in this Subpart. See Louisiana Revised Statutes 46:231
  • average compensation: means his average earnable compensation for the five highest successive years of employment, or the highest five successive joined years where interruption of service occurred. See Louisiana Revised Statutes 11:701
  • Average final compensation: means the average annual earned compensation of an employee for any period of thirty-six successive or joined months of service as an employee during which the said earned compensation was the highest. See Louisiana Revised Statutes 11:3682
  • Average regular compensation: means the average annual rate of regular compensation of a member for any period of thirty-six successive months ending with full month's pay of service as an employee during which said earned compensation was the highest. See Louisiana Revised Statutes 11:952.1
  • 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.
  • Bar: means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages. See Louisiana Revised Statutes 46:231
  • Beneficiary: means any person in receipt of a pension, an annuity, a retirement allowance or other benefits provided for in this Part. See Louisiana Revised Statutes 11:951.1
  • Beneficiary: means any person in receipt of a retirement allowance or other benefit provided for in this part. See Louisiana Revised Statutes 11:952.1
  • Beneficiary: means any person designated to receive a pension, an annuity, a retirement allowance, or other benefit as provided by this Subpart. See Louisiana Revised Statutes 11:3682
  • Benefit rate: means the following percentages:

                (a) For new direct jobs created that pay at least eighteen dollars per hour, the benefit rate shall be four percent. See Louisiana Revised Statutes 51:2453

  • BIDCO: means a business and industrial development company licensed under this Chapter. See Louisiana Revised Statutes 51:2388
  • Bioenergy with carbon capture and storage: means the process of capturing and permanently storing carbon dioxide from biomass energy generation. See Louisiana Revised Statutes 51:3062
  • Biomass: means forest products' manufacturing bioenergy feedstocks, which may include but not be limited to the following:

                (a) Forest products' manufacturing residuals, including but not limited to spent pulping liquors, pulping byproducts, woody manufacturing residuals, paper recycling residuals, wastewater and process water treatment plant residuals, and anaerobic digester biogas. See Louisiana Revised Statutes 51:3062

  • Biometric data: means data generated by automatic measurements of an individual's biological characteristics, such as fingerprints, voice print, eye retina or iris, or other unique biological characteristic that is used by the owner or licensee to uniquely authenticate an individual's identity when the individual accesses a system or account. See Louisiana Revised Statutes 51:3073
  • Board: means the Louisiana Cemetery Board. See Louisiana Revised Statutes 8:1
  • Board: means the Louisiana Board of International Commerce. See Louisiana Revised Statutes 51:3132
  • Board: means the Board of Ethics. See Louisiana Revised Statutes 42:1102
  • Board: means the State Board of Certified Public Accountants of Louisiana. See Louisiana Revised Statutes 37:73
  • board: means the board provided for in Louisiana Revised Statutes 11:3682
  • Board of examiners: means the Board of Examiners for New Orleans and Baton Rouge steamship pilots for the Mississippi River, established in Louisiana Revised Statutes 34:1041
  • board of examiners: means the Board of River Port Pilot Commissioners and Examiners, established in Louisiana Revised Statutes 34:1071
  • Board of supervisors: means the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
  • 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
  • Board of trustees: means and includes the members of the board of trustees of the retirement system. See Louisiana Revised Statutes 11:951.1
  • Borrower: means a person obtaining or desiring to obtain a loan of money, a credit card, or a line of credit. See Louisiana Revised Statutes 9:3574.2
  • Breach of the security of the system: means the compromise of the security, confidentiality, or integrity of computerized data that results in, or there is a reasonable likelihood to result in, the unauthorized acquisition of and access to personal information maintained by an agency or person. See Louisiana Revised Statutes 51:3073
  • Burial: means the placement of human remains in a grave. See Louisiana Revised Statutes 8:1
  • Business: means any individual, firm, joint venture, association, corporation, estate, partnership, business trust, receiver, syndicate, or any other legal business entity. See Louisiana Revised Statutes 51:3111
  • Business firm: means a person who transacts business on a regular and continual basis, or a person that proposes to transact business on a regular and continual basis. See Louisiana Revised Statutes 51:2388
  • Buyer: means an individual who is solicited to purchase or who purchases the services of a credit repair services organization. See Louisiana Revised Statutes 9:3573.2
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Cash assistance: means funds that the department provides through the Family Independence Temporary Assistance Program and the Kinship Care Subsidy Program to eligible beneficiaries for the purpose of assisting those persons in meeting ongoing basic needs. See Louisiana Revised Statutes 46:231
  • Cash price: means the price for which the seller would have sold the motor vehicle to the consumer and the consumer would have bought from the seller if such sale had been a sale for cash instead of on credit. See Louisiana Revised Statutes 6:969.6
  • Cause computer software to be copied: means to distribute, transfer, or procure the copying of computer software or any component thereof. See Louisiana Revised Statutes 51:2007
  • Cemetery: means a place used or intended to be used for the interment of the human dead and, to the extent allowed in accordance with this Title, pet remains. See Louisiana Revised Statutes 8:1
  • Cemetery authority: means any person, firm, corporation, limited liability company, trustee, partnership, association, or municipality owning, operating, controlling, or managing a cemetery or holding lands within this state for interment purposes. See Louisiana Revised Statutes 8:1
  • Cemetery space: means a grave, crypt, vault, niche, tomb, lawn crypt, or any other property used or intended to be used for the interment of human remains. See Louisiana Revised Statutes 8:1
  • Certificate: means a certificate as a certified public accountant issued pursuant to the provisions of this Part, as follows:

                (a) An "active certificate" is granted to or renewed by an individual who has met all requirements pursuant to the provisions of this Part, including the experience requirement. See Louisiana Revised Statutes 37:73

  • Certificate of documentation: means a certificate issued by the United States Coast Guard for a vessel documented under 46 U. See Louisiana Revised Statutes 34:852.2
  • Certificate of origin: means a document establishing the initial chain of ownership, such as a manufacturer's certificate of origin (MCO) or statement of origin (MSO), or an importer's certificate of origin (ICO) or statement of origin (ISO), or a builder's certification (Form CG-1261, under Louisiana Revised Statutes 34:852.2
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Check: means any check, draft, item, orders or requests for payment of money, negotiable orders, withdrawal or any other instrument used to pay a debt or transfer money from one to another. See Louisiana Revised Statutes 9:3516
  • Civil proceeding: means any civil judicial action, arbitration, administrative proceeding, review panel pursuant to this Chapter, or proceeding before the State Board of Certified Public Accountants of Louisiana. See Louisiana Revised Statutes 37:73
  • Claim: means any cause of action against a certified public accountant or firm, regardless of the legal basis of the claim, including but not limited to tort, fraud, breach of contract, or any other legal basis, arising out of any engagement to provide professional services, including but not limited to the following:

    (a)  The providing of attest services as defined in Louisiana Revised Statutes 37:101

  • Claim: means any request or demand, whether under a contract or otherwise, for money or property, whether or not the state or department has title to the money or property, that is drawn in whole or in part on medical assistance programs funds that are either of the following:

                (a) Presented to an officer, employee, or agent of the state or department. See Louisiana Revised Statutes 46:437.3

  • Claimant: means any person having an interest or right to assert a claim, whether for himself or on behalf of another. See Louisiana Revised Statutes 37:101
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Client: means a person or entity that agrees with a licensee to receive any professional service. See Louisiana Revised Statutes 37:73
  • Close relative: means parent, child, sibling, spouse, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, sister-in-law, grandparent, grandchild, nephew, niece, uncle, or aunt. See Louisiana Revised Statutes 51:2397
  • Closing services: includes but is not limited to appraising property and preparing credit reports. See Louisiana Revised Statutes 51:2397
  • Collateral costs: means sales tax, license fees, and registration fees and any similar governmental charges. See Louisiana Revised Statutes 51:1941
  • Columbarium: means a building, structure, room, or other space in a building or structure containing niches for permanent inurnment of cremated remains in a place used or intended to be used, and dedicated, for cemetery purposes. See Louisiana Revised Statutes 8:1
  • commerce: means the advertising, offering for sale, sale, or distribution of any services, including educational services, and any property, corporeal or incorporeal, immovable or movable, and any other article, commodity, or thing of value wherever situated, and includes any trade or commerce directly or indirectly affecting the people of this state. See Louisiana Revised Statutes 51:3211
  • Commercial body art facility: means any location, place, area, or business, whether permanent or temporary, that provides consumers access to personal services workers who for remuneration perform any of the following procedures:

    (a)  Tattooing or inserting 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 46:231

  • Commercial recording or audiovisual work: means a recording or audiovisual work whose owner, assignee, authorized agent, or licensee has disseminated or intends to disseminate for sale, rental, performance, or exhibition to the public, including under license, but does not include an excerpt consisting of less than substantially all of a recording or audiovisual work. See Louisiana Revised Statutes 51:3232
  • Commission: means the Louisiana Commission on Human Rights. See Louisiana Revised Statutes 51:2232
  • Commission: means the Louisiana Public Service Commission or other appropriate governing body for an electric utility. See Louisiana Revised Statutes 51:3062
  • Commission: means the Louisiana Motor Vehicle Commission. See Louisiana Revised Statutes 6:969.6
  • Commission: means the Louisiana Wildlife and Fisheries Commission. See Louisiana Revised Statutes 34:851.2
  • Commission: means the Public Service Commission or, solely with respect to an electric or gas utility furnishing electric or natural gas service within the city of New Orleans, the council of the city of New Orleans, as applicable. See Louisiana Revised Statutes 45:1312
  • Commissioner: means a member of the commission. See Louisiana Revised Statutes 51:2232
  • Commissioner: means the commissioner of the Office of Financial Institutions within the office of the governor. See Louisiana Revised Statutes 51:2388
  • Commissioner: means the commissioner of financial institutions. See Louisiana Revised Statutes 9:3516
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Communications provider: means an entity providing communications networks or services that enable consumers to access the Internet or destinations on the public switched telephone network via a computer modem. See Louisiana Revised Statutes 51:2007
  • Compensation: means any thing of economic value which is paid, loaned, granted, given, donated, or transferred or to be paid, loaned, granted, given, donated, or transferred for or in consideration of personal services to any person. See Louisiana Revised Statutes 42:1102
  • Complainant: means that person who files a complaint pursuant to Louisiana Revised Statutes 51:2603
  • Computer software: means a sequence of instructions written in any programming language that is executed on a computer. See Louisiana Revised Statutes 51:2007
  • Computer virus: means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on other computers or computer networks without the authorization of the owners of those computers or computer networks. See Louisiana Revised Statutes 51:2007
  • Conciliation: means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the attorney general or his designee. See Louisiana Revised Statutes 51:2603
  • Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Louisiana Revised Statutes 51:2603
  • Conservation: means acts taken to prevent, stop, or retard deterioration of a work of fine art. See Louisiana Revised Statutes 51:2152
  • Consumer: means :

                (a) The purchaser, other than for purposes of resale, of a new motor vehicle normally used for personal, family, or household purposes and subject to a manufacturer's express warranty. See Louisiana Revised Statutes 51:1941

  • Consumer: means any individual who uses, purchases, or leases goods or services. See Louisiana Revised Statutes 51:3211
  • Consumer: means a natural person who enters into a consumer loan or consumer credit sale of a motor vehicle to be used primarily for personal, family, or household purposes. See Louisiana Revised Statutes 6:969.6
  • Consumer: means a natural person who purchases goods, services, or movable or immovable property or rights therein, for a personal, family, or household purpose and includes a purchaser or buyer in a consumer credit sale or transaction made with the use of a seller credit card or otherwise, or a borrower or debtor in a consumer loan, revolving loan account, or a lender credit card. See Louisiana Revised Statutes 9:3516
  • Consumer credit insurance: means insurance, other than insurance on property, by which the satisfaction of debt in whole or in part is a benefit provided, but does not include insurance indemnifying the extender of credit against loss due to the debtor's default and non-filing insurance. See Louisiana Revised Statutes 6:969.6
  • Consumer credit sale: means the sale of a motor vehicle on credit under which the seller acquires a purchase money security interest in the purchased vehicle, and incident to which a credit service charge is charged and the consumer is permitted to defer all or part of the purchase price or other consideration in two or more installments excluding the down payment. See Louisiana Revised Statutes 6:969.6
  • Consumer credit transaction: means a consumer loan or a consumer credit sale but does not include a motor vehicle credit transaction made pursuant to Louisiana Revised Statutes 9:3516
  • Consumer loan: means a loan of money or its equivalent made by a lender, the proceeds of which are used by the consumer to purchase or refinance the purchase of a motor vehicle, or which proceeds are used for personal, family, or household purposes, including debts created by the use of a lender credit card, revolving loan account, or similar arrangement, as well as insurance premium financing, with the lender acquiring a purchase money security interest in the purchased motor vehicle. See Louisiana Revised Statutes 6:969.6
  • Consumer loan: means a loan of money or its equivalent made by a supervised financial organization, a licensed lender, or lender in which the debtor is a consumer, and the loan is entered into primarily for personal, family, or household purposes and includes debts created by the use of a lender credit card, revolving loan account, or similar arrangement, as well as insurance premium  financing. See Louisiana Revised Statutes 9:3516
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: means the consumer's retail installment contract, note, agreement, or other evidence of indebtedness executed in connection with a motor vehicle credit transaction. See Louisiana Revised Statutes 6:969.6
  • Contract rate: means the interest rate factor applied to compute precomputed interest or simple interest under the transaction. See Louisiana Revised Statutes 6:969.6
  • Contributed proceeds: means the monies contributed by the corporation to a trust. See Louisiana Revised Statutes 45:1332
  • Control: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a licensee or a small concern whether through the ownership of voting securities, by contract, or otherwise. See Louisiana Revised Statutes 51:2388
  • Controlling person: when used with respect to a specified person means a person who controls that specified person directly or indirectly through one or more intermediaries. See Louisiana Revised Statutes 51:2388
  • Corporation: means the Louisiana Utilities Restoration Corporation. See Louisiana Revised Statutes 45:1312
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court: means the court that exercised juvenile jurisdiction over the child in need of care proceedings involving the youth prior to his eighteenth birthday. See Louisiana Revised Statutes 46:288.2
  • CPA firm: means any sole proprietorship, corporation, partnership, registered limited liability partnership, limited liability company, or other form of organization issued a permit to practice in accordance with the provisions of this Part. See Louisiana Revised Statutes 37:73
  • CPA-Retired: means either of the following:

                (i) A licensee holding an active certificate for a minimum of twenty consecutive years, who has reached the age of fifty-five years, and is no longer an owner, partner, shareholder, member, contractor, contractee, or employee of a CPA firm. See Louisiana Revised Statutes 37:73

  • Credit card: means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain credit. See Louisiana Revised Statutes 9:3516
  • Credit health and accident insurance: means disability insurance purchased in conjunction with a motor vehicle credit transaction which provides for a monthly benefit sufficient to pay all or part of the required monthly payment, during the continued disability of the insured, over the term of coverage. See Louisiana Revised Statutes 6:969.6
  • Credit life insurance: means term life insurance purchased in conjunction with a motor vehicle credit transaction which provides a death benefit payable to the lender, or to the insured consumer's beneficiary to the extent the death benefit exceeds the amount necessary to fully pay and satisfy the transaction, in the event of the insured consumer's death during the term of coverage. See Louisiana Revised Statutes 6:969.6
  • Credit repair services organization: means a person who, with respect to a buyer, in return for the payment of money or other valuable consideration, directly or indirectly, provides or represents that he can or will, directly or indirectly, provide any of the following services:

    (a)  Improving a buyer's credit record, history, or rating. See Louisiana Revised Statutes 9:3573.2

  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Credit service charge: means the sum of the following:

    (i)  All charges payable directly or indirectly by the consumer and imposed directly or indirectly by the seller as a requirement of the extension of credit, including any of the following types of charges that are applicable: interest; time price differential; service; carrying or other charge, however denominated; points and discount fees; and premium or other charge for any guarantee or insurance protecting the extender of credit against the consumer's default or other credit loss. See Louisiana Revised Statutes 6:969.6

  • 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
  • Creditable service: means prior service plus subsequent service for which credit is allowable as provided for in this Part. See Louisiana Revised Statutes 11:951.1
  • Creditable service: means service for which credit is allowable as provided in Louisiana Revised Statutes 11:3682
  • Credited service: means service for which credit is allowable as provided in Louisiana Revised Statutes 11:952.1
  • creditor: means a seller in a consumer credit sale, or a lender in a consumer loan. See Louisiana Revised Statutes 6:969.6
  • creditor: as used in this Chapter includes a seller in a consumer credit sale, revolving charge account, or transaction made with the use of a seller credit card or otherwise, or a lender in a consumer loan, a revolving loan account, or a lender credit card transaction. See Louisiana Revised Statutes 9:3516
  • Cruise ship: means any commercial ship used for the domestic or international carriage of passengers. See Louisiana Revised Statutes 46:231
  • current status: includes valid, expired, cancelled, suspended, disqualified, active, inactive, member, nonmember, eligible, or ineligible. See Louisiana Revised Statutes 51:3211
  • Damage: means any material impairment to the integrity, functionality, or availability of data, software, a computer, a system, or information. See Louisiana Revised Statutes 51:2007
  • Dealer: means a person authorized by the manufacturer and actively engaged in the business of buying, selling, or exchanging new automobiles, new personal watercraft, or new all-terrain vehicles at retail and who has an established place of business. See Louisiana Revised Statutes 51:1941
  • Dealer: means any person who engages wholly or in part in the business of buying, selling, or exchanging for value new or used vessels or outboard motors, or both, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise. See Louisiana Revised Statutes 34:852.2
  • debt forgiveness: is a n agreement whereby an extender of credit agrees with the consumer to waive any unpaid balance on a consumer loan, consumer credit sale or lease due to physical damage, total loss or constructive loss or unrecovered theft to the covered collateral secured by an eligible security device. See Louisiana Revised Statutes 6:969.6
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defined benefit plan: means a pension plan established and maintained by an employer primarily to provide systematically for the payment of definitely determinable benefits to employees over a period of years after retirement based upon factors such as years of service and compensation received by employees. See Louisiana Revised Statutes 11:3682
  • Defined contribution plan: means a pension plan established and maintained by an employer which provides benefits based upon amounts contributed to an employee's individual account, plus any earnings allocated to the account, for distribution to the employee or his beneficiary either at retirement, after a fixed number of years, or upon the occurrence of some special event. See Louisiana Revised Statutes 11:3682
  • Dental coordinated care network: means a managed care organization or prepaid coordinated care network, as defined in this Section, that provides or administers only dental benefits for Medicaid recipients. See Louisiana Revised Statutes 46:460.51
  • Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Department: means the Department of Economic Development. See Louisiana Revised Statutes 51:2399.2
  • Department: means the Department of Economic Development unless otherwise designated. See Louisiana Revised Statutes 51:3111
  • Department: means the Department of Economic Development. See Louisiana Revised Statutes 51:3132
  • Department: means the Department of Wildlife and Fisheries and its duly authorized representatives. See Louisiana Revised Statutes 34:852.2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:437.3
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:460.51
  • Department: means the Department of Children and Family Services. See Louisiana Revised Statutes 46:231
  • Department: means the Department of Children and Family Services. See Louisiana Revised Statutes 46:288.2
  • Department: means the Department of Children and Family Services. See Louisiana Revised Statutes 46:322
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:440.12
  • 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
  • Digitized identification card: means a data file available on any mobile device which has connectivity to the internet through a state-approved application that allows the mobile device to download the data file from the Department of Public Safety and Corrections or an authorized representative of the Department of Public Safety and Corrections that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card. See Louisiana Revised Statutes 51:3211
  • Direct rollover: means a payment by the system to the eligible retirement plan specified by the distributee. See Louisiana Revised Statutes 11:3682
  • Directors: means the board of directors, board of trustees, or other governing body of a cemetery authority, cemetery sales organization, or cemetery management organization. See Louisiana Revised Statutes 8:1
  • Disability: means a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of such impairment, or being regarded as having such an impairment. See Louisiana Revised Statutes 51:2232
  • Disability: means , with respect to a person:

                (i) A physical or mental impairment which substantially limits one or more of such person's major life activities. See Louisiana Revised Statutes 51:2603

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discriminatory housing practice: means an act that is unlawful pursuant to Louisiana Revised Statutes 51:2603
  • Discriminatory practice in connection with employment: means an employment practice prohibited by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950, or by Louisiana Revised Statutes 51:2232
  • Discriminatory practice in connection with public accommodations: means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, creed, color, religion, sex, age, disability, national origin, or natural, protective, or cultural hairstyle. See Louisiana Revised Statutes 51:2232
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Down payment: means an amount, including the value of any property used as a trade-in, paid to a seller to reduce the cash price of a motor vehicle purchased under a consumer credit sale. See Louisiana Revised Statutes 6:969.6
  • Dwelling: means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon at any such building, structure, or portion thereof. See Louisiana Revised Statutes 51:2603
  • Educational institution: means a public or private educational institution or a separate school or department of a public or private educational institution and includes but is not limited to the following:

    (a)  A university, college, or junior college. See Louisiana Revised Statutes 51:1952

  • 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 42:1102
  • Electric utility: means a public or investor-owned utility, an electric cooperative, municipal utility, or any private power supplier or marketer that is engaged in the business of supplying electric energy to the ultimate consumer. See Louisiana Revised Statutes 51:3062
  • Electric utility: means an "electric public utility" as defined in Louisiana Revised Statutes 45:1312
  • Electronic communications device: means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device. See Louisiana Revised Statutes 51:1952
  • Electronic dissemination: means initiating a transmission of, making available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or performance through the internet or other digital network, regardless of whether another person has previously electronically disseminated the same commercial recording or audiovisual work. See Louisiana Revised Statutes 51:3232
  • 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
  • Electronic mail: means a message, file, or other information that is transmitted through a local, regional, or global computer network, regardless of whether the message, file, or other information is viewed, stored for retrieval at a later time, printed, or filtered by a computer program that is designed or intended to filter or screen those items. See Louisiana Revised Statutes 51:2021
  • Eligible retirement plan: means an individual retirement account described in Section 408(a), an individual retirement annuity described in Section 408(b), an annuity plan described in Section 403(a), or a qualified trust described in Section 401(a), all of the Internal Revenue Code, that accepts the member's eligible rollover distribution. See Louisiana Revised Statutes 11:3682
  • Eligible rollover distribution: means any distribution of all or any portion of the balance to the credit of a member, except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal periodic payments not less frequently than annually, made for the life or life expectancy of the member or the joint lives or joint life expectancies of the member and the member's designated beneficiary, or for a specified period of ten years or more, or any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code, or the portion of any distribution that is not includable in gross income. See Louisiana Revised Statutes 11:3682
  • Employee: means any person regularly employed in any capacity under the control of the Orleans Parish School Board who is not a teacher or whose legal employment does not require the holding of a teacher's certificate, including employees of the public school lunch department, all skilled and unskilled employees of the maintenance department, managers, custodians, subcustodians, and others who are not temporarily employed, and are paid out of funds under the control of the Orleans Parish School Board, who are not now eligible for membership in any other retirement system created or established by the State of Louisiana or any of its political subdivisions. See Louisiana Revised Statutes 11:951.1
  • Employee: means a person employed in any classification of University employees other than a student, and the word "student" includes a graduate assistant, medical intern, and medical resident. See Louisiana Revised Statutes 11:952.1
  • Employee: means any commissioned member or employee of the Harbor Police Department of the Port of New Orleans prior to July 1, 2004, or any commissioned member of the Harbor Police Department of the Port of New Orleans on or after July 1, 2004 and hired on or before June 30, 2014. See Louisiana Revised Statutes 11:3682
  • Employer: means a person, including a unit of state or local government, engaged in a business, industry, profession, trade, or other enterprise in this state and includes an agent, representative, or designee of the employer. See Louisiana Revised Statutes 51:1952
  • Employer: means a legal person who is engaged in a lawful enterprise not excluded by this Chapter that executes a contract with the department pursuant to the provisions of this Chapter and meets the following elements or elements substantially equivalent thereto:

    (b)  To qualify for a contract pursuant to this Chapter, employers must be a manufacturer, as defined by North American Industry Classification System (NAICS) codes 113310, 211, 213111, 541360, 311-339, 511-512, and 54171, as the employer's primary function. See Louisiana Revised Statutes 51:2399.2

  • Employer: shall mean a legal person who executes a contract with the department pursuant to the provisions of this Chapter and who offers, or will offer within ninety days of the effective date of qualifying for the incentive rebates pursuant to the provisions of this Chapter, a basic health benefits plan to the individuals it employs in new direct jobs in this state which shall be determined by the Department of Economic Development to be in compliance with federally mandated healthcare requirements or, if no federally mandated healthcare requirements exist, shall be determined to have a value of at least one dollar and twenty-five cents per hour. See Louisiana Revised Statutes 51:2453
  • 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
  • Employer: means the Board of Commissioners of the Port of New Orleans. See Louisiana Revised Statutes 11:3682
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Enrollee: means an individual who is enrolled in the Medicaid program. See Louisiana Revised Statutes 46:460.51
  • Entombment: means the placement of human remains in a mausoleum. See Louisiana Revised Statutes 8:1
  • 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
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • False or fraudulent claim: means a claim which the health care provider or his billing agent submits knowing the claim to be false, fictitious, untrue, or misleading in regard to any material information. See Louisiana Revised Statutes 46:437.3
  • Familial status: means one or more individuals, who have not attained the age of eighteen years, being domiciled with:

                (i) A parent or another person having legal custody of such individual or individuals; or

                (ii) The designee of such parent or other person having such custody, with the written permission of such parent or other person. See Louisiana Revised Statutes 51:2603

  • Family Success Agreement: means the mutually developed contract between a FITAP recipient, on behalf of their family, and the department that sets forth mutual and time-bound responsibilities, expectations, activities, and goals designed to transition a participant from welfare to self-sufficiency. See Louisiana Revised Statutes 46:231
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Federal Welfare Reform Act: means the federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, Public Law 104-193, and applicable changes due to its reauthorization. See Louisiana Revised Statutes 46:231
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Financing assistance: means to lend money or otherwise extend credit to a person or to purchase securities issued by a person, either directly or indirectly through an underwriter. See Louisiana Revised Statutes 51:2388
  • Financing costs: means any of the following:

                (a) Interest and acquisition, defeasance, or redemption premiums that are payable on system restoration bonds. See Louisiana Revised Statutes 45:1312

  • Financing order: means an order of the commission, if granted by the commission in its sole discretion, which allows for all of the following:

                (a) The assessment, imposition, and periodic adjustment of system restoration charges by the corporation and the collection thereof by a utility as an agent on behalf of the corporation. See Louisiana Revised Statutes 45:1312

  • Financing party: means any holder of system restoration bonds, any party to or beneficiary of an ancillary agreement, and any trustee, collateral agent, or other person acting for the benefit of any of the foregoing. See Louisiana Revised Statutes 45:1312
  • 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
  • FITAP: means the cash assistance program. See Louisiana Revised Statutes 46:231
  • FNS: means the Food and Nutrition Service of the United States Department of Agriculture, the office of the federal government that administers SNAP. See Louisiana Revised Statutes 46:322
  • Full-time employee: means an employee who works the number of hours required by the department or division under applicable university policies for a full-time employee. See Louisiana Revised Statutes 11:952.1
  • funded system: means the funded Louisiana State University and Agricultural and Mechanical College Retirement System as defined in Louisiana Revised Statutes 11:952.1
  • Gaming establishment: means a gambling casino and any other establishment which provides gaming activities that are subject to regulation by the Louisiana Gaming Control Board. See Louisiana Revised Statutes 46:231
  • GAP coverage: means a contract or insurance policy that covers a consumer's deficiency balance between the net payoff of the consumer's loan retail installment sales contract at the time of a loss and the amount paid by the consumer's primary insurance after a vehicle is deemed a total loss due to any direct or accidental physical damages or unrecovered theft which may be in the form of the following:

    (a)  Guaranteed auto protection offered by a property and casualty company licensed and regulated by the Department of Insurance. See Louisiana Revised Statutes 6:969.6

  • 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 utility: means a local distributing system selling natural gas to retail customers. See Louisiana Revised Statutes 45:1312
  • Good moral character: means the propensity to provide professional services in a fair, honest, and open manner and the lack of history of any dishonest or felonious acts. See Louisiana Revised Statutes 37:73
  • Governing board: means that board of directors of the corporation which is established under Louisiana Revised Statutes 45:1312
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Gross payroll: means wages for the new direct jobs as defined herein upon which the particular benefit rate is calculated. See Louisiana Revised Statutes 51:2453
  • Headquarters: means a principal or regional corporate office located or to be located in Louisiana, in which are based the principal or regional executive officers normally constituting a principal or regional headquarters providing corporate governance. See Louisiana Revised Statutes 51:3111
  • Headquarters jobs: means permanent full-time new executive, administrative, or professional jobs based at a headquarters and filled by residents of the state employed by a qualified business, and each job paying at least sixty thousand dollars per year or two hundred percent of the average annual wages paid by employers subject to the Louisiana Employment Security Law in the parish in which the headquarters is located, whichever is lower. See Louisiana Revised Statutes 51:3111
  • Health care provider: means any person furnishing or claiming to furnish a good, service, or supply under the medical assistance programs, any other person defined as a health care provider by federal or state law or by rule, and a provider-in-fact. See Louisiana Revised Statutes 46:437.3
  • Hearing examiner: means one or more persons or commissioners designated by the commission to conduct a hearing. See Louisiana Revised Statutes 51:2232
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • High-volume third-party seller: means a participant on an online marketplace's platform who is a third-party seller and who has entered into two hundred or more discrete sales or transactions of new or unused consumer products in any twelve-month period during the previous twenty-four months, which result in an aggregate total of five thousand dollars or more in total gross revenue. See Louisiana Revised Statutes 51:3261
  • Home service contract: means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or indemnification for service, repair, replacement, or maintenance, for the operational or structural failure of any residential property due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment or indemnity under limited circumstances. See Louisiana Revised Statutes 51:3142
  • Hospital health services: means but is not limited to any clinical, diagnostic, or rehabilitation service and any administrative, managerial, or operational service incident thereto. See Louisiana Revised Statutes 46:1072
  • Hospital service district: means :

               (a) A political subdivision of the state of Louisiana organized pursuant to an Act of the Legislature of Louisiana or pursuant to Louisiana Revised Statutes 46:1072

  • Hospital service district commission: means the governing authority or managing board of a hospital service district as defined herein. See Louisiana Revised Statutes 46:1072
  • Houseboat: means a vessel constructed for the primary purpose of a temporary or permanent dwelling without an effective means of propulsion for safe navigation. See Louisiana Revised Statutes 34:851.2
  • Human remains: means the body of a deceased person and includes the body in any stage of decomposition, as well as cremated remains. See Louisiana Revised Statutes 8:1
  • Identifying information: means information that alone or in conjunction with other information identifies an individual, including an individual's:

    (a)  Name, social security number, date of birth, and government-issued identification number. See Louisiana Revised Statutes 51:2021

  • Incorporating statute: means the Louisiana Business Corporation Law, La. See Louisiana Revised Statutes 51:2388
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indigent: means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana. See Louisiana Revised Statutes 46:17
  • Insolvent: means a licensee that ceases to pay its debts in the ordinary course of business, that cannot pay its debts as they become due, or whose aggregate liabilities exceed its aggregate assets. See Louisiana Revised Statutes 51:2388
  • Insurer: means an insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state. See Louisiana Revised Statutes 6:969.6
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interests of the licensee: includes the interests of shareholders or members of the licensee. See Louisiana Revised Statutes 51:2388
  • Interment: means the disposition of human remains by inurnment, scattering, entombment, or burial in a place used or intended to be used, and dedicated, for cemetery purposes. See Louisiana Revised Statutes 8:1
  • Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended. See Louisiana Revised Statutes 11:701
  • International commerce: means a two-tiered, integrated economic sector concentrating upon the state's unique position in world commerce. See Louisiana Revised Statutes 51:3132
  • International ports: means those ports, commonly known as deep draft ports, whose main function is waterborne commerce, both import and export, directly linked to world commerce. See Louisiana Revised Statutes 51:3132
  • Internet: means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extensions, and that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this Chapter. See Louisiana Revised Statutes 51:2007
  • Internet domain name: refers to a globally unique, hierarchical reference to an Internet host or service, assigned through a centralized Internet-naming authority and composed of a series of character strings separated by periods with the right-most string specifying the top of the hierarchy. See Louisiana Revised Statutes 51:2021
  • 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.
  • Inurnment: means placing cremated remains in an urn or other suitable container and placing it in a niche, crypt, or vault in a place used or intended to be used, and dedicated, for cemetery purposes. See Louisiana Revised Statutes 8:1
  • Issuance costs: means any of the following:

                (a) Any initial payment made on issuance of, and any amount required to fund any system restoration sinking fund, reserve or overcollateralization fund, or other fund or account required by the documents pertaining to, system restoration bonds authorized by a financing order. See Louisiana Revised Statutes 45:1312

  • Issuer: means any Louisiana public corporation, public trust, or other entity that issues system restoration bonds approved by a financing order. See Louisiana Revised Statutes 45:1312
  • Jewelry: means an object or thing consisting of precious stones or precious metals worn as adornment or apparel, including costume jewelry. See Louisiana Revised Statutes 46:231
  • 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 information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information. See Louisiana Revised Statutes 46:437.3
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lender: means the originator of credit under a consumer loan, as well as any assignee or transferee of the consumer's contract. See Louisiana Revised Statutes 6:969.6
  • lender credit card: includes a travel and entertainment credit card account that is not subject to loan finance charges or credit service charges. See Louisiana Revised Statutes 9:3516
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license issued under this Chapter authorizing a Louisiana corporation or a Louisiana limited liability company to transact business as a BIDCO. See Louisiana Revised Statutes 51:2388
  • License: means an active certificate of certified public accountant, pursuant to Subparagraph(3)(a) of this Section, or a CPA firm's permit to practice issued in accordance with the provisions of this Part. See Louisiana Revised Statutes 37:73
  • Licensed lender: means a person licensed by the commissioner to make consumer loans pursuant to this Chapter. See Louisiana Revised Statutes 9:3516
  • Licensee: means a Louisiana corporation or Louisiana limited liability company which is licensed under this Chapter. See Louisiana Revised Statutes 51:2388
  • Licensee: means the holder of a license. See Louisiana Revised Statutes 37:73
  • Lien creditor: means any of the following:

                (a) A creditor that has acquired a lien on the property involved by attachment, sequestration, seizure, levy, or the like. See Louisiana Revised Statutes 45:1312

  • Liquor store: means any retail establishment that sells exclusively or primarily intoxicating liquor. See Louisiana Revised Statutes 46:231
  • Loan finance charge: means the sum of the following:

    (i)  All charges payable directly or indirectly by the consumer and imposed directly or indirectly by the lender as a requirement of the extension of credit, including any of the following types of charges that are applicable:  interest, and any amount payable under a point, discount, or other system of charges, however denominated. See Louisiana Revised Statutes 6:969.6

  • Loan originator or broker: means any person, except any regulated or supervised financial organization, credit union, licensed commercial or consumer lender, insurance company, consumer loan broker, or mortgage broker or lender, provided that the person excepted is licensed or registered with and subject to regulation or supervision by an agency of the United States or any state and is acting within the scope of the license, charter, or other permit, who:

    (a)  For, or in expectation of, consideration paid by the borrower, directly or indirectly arranges or attempts to arrange, or offers to fund or make a loan of money, a credit card, or a line of credit. See Louisiana Revised Statutes 9:3574.2

  • Louisiana Colonial Trails: means a system of trails or roads identified as the migration route of the Camino Real in the western part of the state from Natchitoches to the Texas border and the Harrisonburg Road from Natchitoches through east central Louisiana to the Mississippi River. See Louisiana Revised Statutes 56:1952
  • Major life activities: includes functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. See Louisiana Revised Statutes 51:2232
  • Management assistance: means management or technical advice or services provided to a person. See Louisiana Revised Statutes 51:2388
  • Manager: means a manager of a limited liability company or a limited liability partnership. See Louisiana Revised Statutes 37:73
  • Manufactured home: means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. See Louisiana Revised Statutes 6:969.6
  • Manufacturer: means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles. See Louisiana Revised Statutes 51:1941
  • Manufacturer: means any person engaged in the business of manufacturing or importing new vessels or outboard motors for the purpose of sale or trade. See Louisiana Revised Statutes 34:852.2
  • Market strategies: means any plan, strategy, or device developed or intended to promote, sell, or offer to sell any hospital health service. See Louisiana Revised Statutes 46:1072
  • Master plan: means the Master Plan of International Commerce. See Louisiana Revised Statutes 51:3132
  • Material: means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. See Louisiana Revised Statutes 46:437.3
  • Medical assistance programs: means the Medical Assistance Program (Title XIX of the Social Security Act), commonly referred to as "Medicaid" and other programs operated by and funded in the department which provide payment to health care providers. See Louisiana Revised Statutes 46:437.3
  • Medical board: means the board of physicians provided for in this Part. See Louisiana Revised Statutes 11:951.1
  • Medical board: means the board of physicians provided for in Louisiana Revised Statutes 11:3682
  • Member: means a member of a limited liability company or a limited liability partnership. See Louisiana Revised Statutes 37:73
  • 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: means any employee included in the membership of the funded system as provided in Louisiana Revised Statutes 11:952.1
  • Member: includes any employees, as defined in Paragraph (16) of this Section, included in the membership of this plan as provided in Louisiana Revised Statutes 11:3682
  • Mental impairment: means any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. See Louisiana Revised Statutes 51:2232
  • Misrepresentation: means the knowing failure to truthfully or fully disclose any and all information required, or the concealment of any and all information required on a claim or a provider agreement or the making of a false or misleading statement to the department relative to the medical assistance programs. See Louisiana Revised Statutes 46:437.3
  • Modernization: means capitalized investment by an employer in technology, machinery, building and/or equipment that meets one of the following provisions:

    (a)  An increase in the increase of maximum capacity or efficiency of the facility of greater than ten percent. See Louisiana Revised Statutes 51:2399.2

  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means a passenger motor vehicle or a passenger and commercial motor vehicle as defined in Louisiana Revised Statutes 51:1941
  • Motor vehicle: means any new or used transportation device, including automobiles, motorcycles, trucks, and other vehicles that are operated over the public highways and the streets of this state, but does not include traction engines, boat trailers, road rollers, implements of husbandry, and other agricultural vehicles. See Louisiana Revised Statutes 6:969.6
  • Motor vehicle credit transaction: means a consumer loan or a consumer credit sale involving a Louisiana consumer, or that is otherwise made subject to this Chapter. See Louisiana Revised Statutes 6:969.6
  • Motorboat: means any vessel equipped with or propelled by any type of machinery whether or not such machinery is the principal source of propulsion but shall not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto, unless the vessel is a recreational use vessel. See Louisiana Revised Statutes 34:851.2
  • Municipal cemetery: means a cemetery owned, operated, controlled, or managed by a municipality or other political subdivision of the state, or instrumentality thereof authorized by law to own, operate, or manage a cemetery. See Louisiana Revised Statutes 8:1
  • Nail salon: means a commercial establishment that provides nail services of any kind including but not limited to trimming, filing, decorating, shaping, sculpting, or in any way caring for the nails and skin of a person's hands or feet together with massaging the hands, arms, legs, and feet. See Louisiana Revised Statutes 46:231
  • 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 origin: means the national origin of an ancestor. See Louisiana Revised Statutes 51:2232
  • Net energy metering: means measuring the difference between electricity supplied by an electric utility and the electricity generated by a net energy metering customer and sold back to the electric utility over the applicable billing period. See Louisiana Revised Statutes 51:3062
  • Net energy metering customer: means an owner of a net energy metering facility. See Louisiana Revised Statutes 51:3062
  • Net energy metering facility: means a facility for the production of electrical energy that:

                (a) Uses solar, wind, hydroelectric, geothermal, or biomass resources to generate electricity including but not limited to fuel cells and micro turbines that generate electricity if the fuel source is entirely derived from renewable resources. See Louisiana Revised Statutes 51:3062

  • New direct job: means employment in this state of an employee working at least the average hours per week provided for in Louisiana Revised Statutes 51:2453
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonconformity: means any specific or generic defect or malfunction, or any defect or condition which substantially impairs the use, market value or both of a motor vehicle. See Louisiana Revised Statutes 51:1941
  • Normal service retirement age: means age sixty. See Louisiana Revised Statutes 11:951.1
  • Obligation: means an established duty, whether or not fixed, arising from an express or implied contractual, grantor, grantee, or licensor-licensee relationship, from a free-based or similar relationship, from statute or regulation, or from the retention of any overpayment. See Louisiana Revised Statutes 46:437.3
  • 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 of international commerce within the Department of Economic Development. See Louisiana Revised Statutes 51:3132
  • Office: means the Office of Financial Institutions in the office of the governor. See Louisiana Revised Statutes 9:3574.2
  • Officer: means :

    (a)  If used with respect to a corporation, a person appointed or designated as an officer of that corporation by or pursuant to applicable law or the articles of incorporation, or bylaws of that corporation. See Louisiana Revised Statutes 51:2388

  • Online marketplace: means any person or entity that operates a consumer-directed electronically based or accessed platform that meets all of the following criteria:

                (a) Has features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state. See Louisiana Revised Statutes 51:3261

  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Operate: means to navigate or otherwise use a motorboat or vessel. See Louisiana Revised Statutes 34:851.2
  • operation: means all operations of a vessel or outboard motor when it is at the pier, idle in the water, at anchor, or being propelled through the water. See Louisiana Revised Statutes 34:852.2
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Order: includes a condition of a license and an agreement made by a person with the commissioner under this Chapter. See Louisiana Revised Statutes 51:2388
  • Order: means a final order imposed pursuant to an administrative adjudication. See Louisiana Revised Statutes 46:437.3
  • Organization: means corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. See Louisiana Revised Statutes 9:3516
  • Outboard motor: means a mechanical combustion engine manufactured to produce a twenty-five or more horsepower engine and designed to attach outboard of the transom of a vessel. See Louisiana Revised Statutes 34:852.2
  • Owner: means a person to whom the cemetery authority has transferred full title to or the right of use of or interment in any cemetery space and who appears as the title holder in the official records of the cemetery authority. See Louisiana Revised Statutes 8:1
  • Owner: means a person, other than a lien holder, having a property interest in or title to a motorboat. See Louisiana Revised Statutes 34:851.2
  • Participant: means a recipient of SNAP benefits who participates in the pilot initiative provided for in this Subpart. See Louisiana Revised Statutes 46:322
  • Participant: means any employee who is entitled to the beneficial provisions of this retirement system. See Louisiana Revised Statutes 11:951.1
  • Participate: means to take part in or to have or share responsibility for action of a governmental entity or a proceeding, personally, as a public servant of the governmental entity, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty. See Louisiana Revised Statutes 42:1102
  • Payment: means the payment to a health care provider from medical assistance programs funds pursuant to a claim, or the attempt to seek payment for a claim. See Louisiana Revised Statutes 46:437.3
  • Peer review: means a study, appraisal, or review of one or more aspects of the professional work of a CPA firm that performs attest services by a person or persons who hold licenses and who are not affiliated with the CPA firm being reviewed. See Louisiana Revised Statutes 37:73
  • Pension: means annual payments for life, payable in equal monthly installments, derived from money provided by the Orleans Parish School Board and other amounts accumulated in the pension accumulation account as provided for in this Part. See Louisiana Revised Statutes 11:951.1
  • Pensions: means payments for life. See Louisiana Revised Statutes 11:701
  • Permit: means a permit to practice as a CPA firm issued pursuant to the provisions of this Part or pursuant to corresponding provisions of law of another state. See Louisiana Revised Statutes 37:73
  • Person: means an individual, corporation, limited liability company, partnership, joint venture, association, trust, or any other legal entity. See Louisiana Revised Statutes 8:1
  • Person: means an individual, partnership, corporation, association, governmental body, or other group, however organized. See Louisiana Revised Statutes 51:2152
  • Person: means one or more individuals, governments, governmental agencies, public authorities, labor organizations, corporations, legal representatives, partnerships, associations, trustees, trustees in bankruptcy, receivers, mutual companies, joint stock companies, trusts, unincorporated organizations, or other organized groups of persons. See Louisiana Revised Statutes 51:2232
  • person: includes a combination of two or more persons acting in concert. See Louisiana Revised Statutes 51:2388
  • Person: includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. See Louisiana Revised Statutes 51:2603
  • Person: means any individual, corporation, partnership, sole proprietorship, joint stock company, joint venture, or any other legal entity. See Louisiana Revised Statutes 51:3073
  • Person: means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert. See Louisiana Revised Statutes 51:3142
  • Person: means any individual, firm, partnership, corporation, association, union, public or private education institution, or other organization, including but not limited to a bar or restaurant that is engaged in trade or commerce within the geographic boundaries of this state. See Louisiana Revised Statutes 51:3211
  • Person: means an individual or corporation, partnership, limited liability company, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 6:969.6
  • Person: means an individual or legal entity other than a governmental entity, or an agency thereof. See Louisiana Revised Statutes 42:1102
  • Person: means an individual, partnership, firm, corporation, association, or other entity. See Louisiana Revised Statutes 34:851.2
  • Person: means any natural person or individual, firm, partnership, corporation, association, limited liability company, or other entity. See Louisiana Revised Statutes 34:852.2
  • Person: as used in this Chapter means an individual or corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3516
  • Person: means an individual, corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3573.2
  • Person: means an individual or corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3574.2
  • Personal information: means the first name or first initial and last name of an individual resident of this state in combination with any one or more of the following data elements, when the name or the data element is not encrypted or redacted:

                (i) Social security number. See Louisiana Revised Statutes 51:3073

  • Personal online account: means an online account that the employee, applicant for employment, student, or prospective student uses exclusively for personal communications unrelated to any business purpose of the employer or educational institution. See Louisiana Revised Statutes 51:1952
  • personal watercraft: means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. See Louisiana Revised Statutes 34:855.2
  • Personally identifiable information: means any of the following:

    (a)  First name or first initial in combination with last name. See Louisiana Revised Statutes 51:2007

  • Physician: means a person licensed to practice medicine in the state of Louisiana. See Louisiana Revised Statutes 14:87.1
  • Pilot: means a New Orleans and Baton Rouge Steamship Pilot, as designated in Louisiana Revised Statutes 34:1041
  • Pilot: means a River Port Pilot as designated in Louisiana Revised Statutes 34:1071
  • Pilot initiative: means the workforce training and education pilot initiative provided for in this Subpart. See Louisiana Revised Statutes 46:322
  • Plan: means the Harbor Police Retirement Plan established in this Subpart and administered as a plan within the Louisiana State Employees' Retirement System pursuant to Louisiana Revised Statutes 11:3682
  • 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.
  • Pledgee: means an issuer as pledgee of the corporation or an applicable financing party as pledgee of an issuer. See Louisiana Revised Statutes 45:1332
  • plot: means land in a cemetery used or intended to be used for the interment of human remains within a grave, mausoleum, lawn crypt, or columbarium. See Louisiana Revised Statutes 8:1
  • Point-of-sale terminal: means an electronic hardware device that meets all of the following criteria:

    (a)  May be utilized at a retailer's place of business where consumers pay for goods or services. See Louisiana Revised Statutes 46:231

  • Policy or procedure: shall mean a requirement governing the administration of managed care organizations specific to billing guidelines, medical management and utilization review guidelines, case management guidelines, claims processing guidelines and edits, grievance and appeals procedures and process, other guidelines or manuals containing pertinent information related to operations and pre-processing claims, and core benefits and services. See Louisiana Revised Statutes 46:460.51
  • Political subdivision: means any unit of local government, including a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 42:1102
  • Port commission: means the Board of Commissioners of the Port of New Orleans. See Louisiana Revised Statutes 11:3682
  • 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.
  • Precomputed transaction: means a motor vehicle credit transaction under which loan finance charges or credit service charges are computed in advance over the entire scheduled term of the transaction and capitalized into the face amount of the contract. See Louisiana Revised Statutes 6:969.6
  • Preferred interests: means preferred equity interests in a utility affiliate that pay preferred dividends to the trust that purchased those preferred equity interests. See Louisiana Revised Statutes 45:1332
  • Prepaid Coordinated Care Network: means a private entity that contracts with the department to provide Medicaid benefits and services to Louisiana Medicaid managed care program enrollees in exchange for a monthly prepaid capitated amount per member. See Louisiana Revised Statutes 46:460.51
  • Preparation of financial statement: means an engagement by a licensee to prepare financial statements for an entity but not to perform a compilation, review, or audit with respect to those financial statements and as provided in the American Institute of Certified Public Accountants' Statement on Standards for Accounting and Review Services. See Louisiana Revised Statutes 37:73
  • Primary care case management: means a system under which an entity contracts with the state to furnish case management services that include but are not limited to the location, coordination, and monitoring of primary healthcare services to Medicaid beneficiaries. See Louisiana Revised Statutes 46:460.51
  • Principal: means the amount financed or amount deferred under a consumer credit transaction. See Louisiana Revised Statutes 9:3516
  • Principal: means any officer, director, owner, sole proprietor, partner, member, joint venturer, manager, or other person with similar managerial or supervisory responsibilities for a person who makes or offers to make or broker loans, whatever his job title. See Louisiana Revised Statutes 9:3574.2
  • Principal shareholder or member: means a person that owns, directly or indirectly, of record or beneficially, securities representing ten percent or more of the outstanding voting securities of a corporation or limited liability company. See Louisiana Revised Statutes 51:2388
  • Prior service: means service rendered by an employee prior to the effective date of the establishment of this retirement system for which credit is allowable as provided in this Part. See Louisiana Revised Statutes 11:951.1
  • Prior service: means service rendered prior to August 1, 1971 for which credit is allowable as provided in Louisiana Revised Statutes 11:3682
  • Pro rata: refers to a method of computing deferral charges by dividing the precomputed loan finance charge or precomputed credit service charge by the total number of days in the contract term and multiplying the sum by the number of days that are deferred. See Louisiana Revised Statutes 6:969.6
  • 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.
  • Procure the copying: means to pay or provide other consideration to or induce another person to cause software to be copied onto a computer. See Louisiana Revised Statutes 51:2007
  • Professional: means arising out of or related to the specialized knowledge or skills associated with CPAs. See Louisiana Revised Statutes 37:73
  • Program: means the Corporate Headquarters Relocation Program established pursuant to this Chapter. See Louisiana Revised Statutes 51:3111
  • Prohibited zone: means an area paralleling each side of the entire length of the Lake Pontchartrain Causeway Bridge and extending outward for a distance of one mile from both the most easterly and westerly outboard sides of the causeway bridge twin spans. See Louisiana Revised Statutes 34:851.2
  • Project: includes the design, development, installation and construction of a technology, machinery, building and equipment that results in a modernization of an employer's product line, unit, or entire operations that requires at least five million dollars of investment. See Louisiana Revised Statutes 51:2399.2
  • Project: means but is not limited to the construction of a physical asset and associated infrastructure to be used in the course of the business of international commerce, a business activity such as a marketing effort or the development of a business relationship, or an executable strategy such as joint ventures between governmental and nongovernmental organizations or businesses. See Louisiana Revised Statutes 51:3132
  • property: means any portion of immovable property, including servitudes and other rights in or to immovable property. See Louisiana Revised Statutes 34:3306
  • property: means any portion of immovable property, including servitudes and other rights in or to immovable property. See Louisiana Revised Statutes 34:3411
  • Property: means any and all property, movable and immovable, corporeal and incorporeal. See Louisiana Revised Statutes 46:437.3
  • provider: means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution that provides healthcare or professional services to individuals enrolled in the Medicaid program. See Louisiana Revised Statutes 46:460.51
  • Provider: means any healthcare entity enrolled with the department as a provider in the Medicaid program. See Louisiana Revised Statutes 46:440.12
  • Provider agreement: means a document which is required as a condition of enrollment or participation as a health care provider under the medical assistance programs. See Louisiana Revised Statutes 46:437.3
  • Psychic: means any person or establishment engaged in the occupation of occult science including a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, or advisor who in any manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation. See Louisiana Revised Statutes 46:231
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public employee: means anyone, whether compensated or not, who is:

                (i) An administrative officer or official of a governmental entity who is not filling an elective office. See Louisiana Revised Statutes 42:1102

  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchase proceeds: means the proceeds received by a utility affiliate from the sale of its preferred interests to a trust. See Louisiana Revised Statutes 45:1332
  • Qualified business: means a business that (a) the secretary has determined meets the eligibility requirements of Louisiana Revised Statutes 51:3111
  • Qualified expenditures: means amounts classified as capital expenditures for federal income tax purposes plus exclusions from capitalization provided for in Internal Revenue Code Section 263(a)(1)(A) through (L), minus the capitalized cost of land, capitalized leases of land, capitalized interest, and the capitalized cost for the purchase of an existing building. See Louisiana Revised Statutes 51:2399.2
  • Qualified participant: means a member of the system who first became a member before January 1, 1990. See Louisiana Revised Statutes 11:3682
  • Recipient: means the person who has received assistance under this Title. See Louisiana Revised Statutes 46:1
  • Recipient: means an individual who is eligible to receive health care through the medical assistance programs. See Louisiana Revised Statutes 46:437.3
  • Recognized quality: means those attributes of a work of fine art that enhance its value. See Louisiana Revised Statutes 51:2152
  • Recoupment: means recovery through the reduction, in whole or in part, of payment to a health care provider. See Louisiana Revised Statutes 46:437.3
  • 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 overpayments, damages, fines, penalties, costs, expenses, restitution, attorney fees, or interest or settlement amounts. See Louisiana Revised Statutes 46:437.3
  • Regular compensation: means the total cash compensation for personal services paid to an employee by the university, except compensation of an unusual or noncontinuing nature excluded by the board of supervisors as provided in Louisiana Revised Statutes 11:952.1
  • Regular employee: means :

    (a)  An employee whose appointment is for a period of more than one hundred eighty calendar days, or

    (b)  One who has been employed for more than one hundred eighty consecutive calendar days by successive uninterrupted appointments. See Louisiana Revised Statutes 11:952.1

  • Regular interest: means interest compounded annually at such rate as shall be determined by the board of trustees. See Louisiana Revised Statutes 11:951.1
  • Regular interest: means interest compounded annually at such rate or rates as shall be determined by the board of supervisors. See Louisiana Revised Statutes 11:952.1
  • Related bonds: means , with respect to a trust, the system restoration bonds that funded the net proceeds transferred by an issuer to the corporation and then contributed by the corporation to that trust. See Louisiana Revised Statutes 45:1332
  • Related utility: means , with respect to a trust, the utility that is a beneficiary of such trust and that obtains a financing order pursuant to this Subpart. See Louisiana Revised Statutes 45:1332
  • Relocation costs: means actual, direct, and substantiated costs incurred by the qualified business to relocate a headquarters to the state, including capital expenditures and leasing costs for a facility and equipment, and personnel relocation costs; provided that such personnel relocation costs shall not include any real estate commission in excess of six percent, but such limit shall not prevent a real estate commission less than six percent. See Louisiana Revised Statutes 51:3111
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Report: means , when used with reference to any attest services, an opinion, report, or other form of language that states or implies an assurance as to the reliability of any financial statement or assertion. See Louisiana Revised Statutes 37:73
  • 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).
  • Reproduction: means a copy or likeness, in any medium, of a work of fine art that is displayed or published under circumstances that, reasonably construed, evidence an intent that it be taken as a representation of a work of fine art as created by the artist. See Louisiana Revised Statutes 51:2152
  • 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.
  • Residential consumer: means an individual or family eligible for utility relief under the provisions of Title III of P. See Louisiana Revised Statutes 46:192
  • Respondent: means the person or other entity accused in a complaint of a discriminatory housing practice, or, any other person or entity identified in the course of an investigation and notified that they are a respondent who shall be joined in the complaint. See Louisiana Revised Statutes 51:2603
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restoration: means acts taken to correct deterioration and alteration of a work of fine art. See Louisiana Revised Statutes 51:2152
  • Retirement: means withdrawal from active service with a retirement allowance allowable under the provisions of this Part. See Louisiana Revised Statutes 11:951.1
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this part. See Louisiana Revised Statutes 11:952.1
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Subpart. See Louisiana Revised Statutes 11:3682
  • Retirement allowance: means the sum of the annuity and the pension, or any other benefits payable in lieu thereof. See Louisiana Revised Statutes 11:951.1
  • Retirement allowance: means annual payments for life under the funded system payable in equal monthly installments beginning as of the date fixed by the board of supervisors. See Louisiana Revised Statutes 11:952.1
  • Retirement allowance: means any benefit paid to a member under Louisiana Revised Statutes 11:3682
  • Retirement system: means the Teachers' Retirement System of Louisiana as defined in Louisiana Revised Statutes 11:701
  • Retirement system: means the corporation known as the Orleans Parish School Employees' Retirement System established in Louisiana Revised Statutes 11:951.1
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Rule: means any rule, regulation, or other written directive of general application adopted by the board in accordance with the Administrative Procedure Act. See Louisiana Revised Statutes 37:73
  • Rule: means any rule or regulation promulgated by the department in accordance with the Administrative Procedure Act and any federal rule or regulation promulgated by the federal government in accordance with federal law. See Louisiana Revised Statutes 46:437.3
  • Sailboat: means any watercraft propelled by sail or canvas. See Louisiana Revised Statutes 34:851.2
  • Sale: means the sale of the full title to any cemetery space or the sale of the right of use of or interment in any cemetery space. See Louisiana Revised Statutes 8:1
  • 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 Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Secretary: means the secretary of the Department of Economic Development. See Louisiana Revised Statutes 51:3111
  • Secretary: means the secretary of the Department of Economic Development. See Louisiana Revised Statutes 51:3132
  • Secretary: means the secretary of the Department of Wildlife and Fisheries. See Louisiana Revised Statutes 34:851.2
  • Secretary: means the secretary of the Louisiana Department of Health, or his authorized designee. See Louisiana Revised Statutes 46:437.3
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 46:460.51
  • Secretary: means the secretary of the Department of Children and Family Services. See Louisiana Revised Statutes 46:231
  • secretary of revenue: when used in this Title, mean the secretary of the Department of Revenue for the state of Louisiana. See Louisiana Revised Statutes 47:1501
  • Secretary or attorney general: means that either party is authorized to institute a proceeding or take other authorized action as provided in this Part pursuant to a memorandum of understanding between the two so as to notify the public as to whether the secretary or the attorney general is the deciding or controlling party in the proceeding or other authorized matter. See Louisiana Revised Statutes 46:437.3
  • Security interest: means an interest that is reserved or created by an agreement that secures payment or performance of an obligation. See Louisiana Revised Statutes 34:852.2
  • Seller: means the seller of a motor vehicle, including the seller of a motor vehicle under a consumer credit sale, as well as any assignee or transferee of the consumer's contract. See Louisiana Revised Statutes 6:969.6
  • Service: means the performance of work, duties, or responsibilities, or the leasing, rental, or sale of movable or immovable property. See Louisiana Revised Statutes 42:1102
  • Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
  • Service: means service rendered by an employee as herein defined. See Louisiana Revised Statutes 11:951.1
  • Service: means service rendered as an employee as described in Paragraph (16) of this Section. See Louisiana Revised Statutes 11:3682
  • Service of process: The service of writs or summonses to the appropriate party.
  • services: means the services, items, supplies, or drugs for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease. See Louisiana Revised Statutes 46:460.51
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sexually oriented business: means any commercial enterprise that has as its primary business the offering of a service or the sale, rent, or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. See Louisiana Revised Statutes 46:231
  • Short-term financing assistance: means financing assistance with a term of not more than five years. See Louisiana Revised Statutes 51:2397
  • Simple interest transaction: means a motor vehicle credit transaction under which loan finance charges or credit service charges are assessed by application of a contractual simple interest rate or rates to the unpaid principal balance of the contract. See Louisiana Revised Statutes 6:969.6
  • SNAP: means the Supplemental Nutrition Assistance Program administered at the federal level by the Food and Nutrition Service of the United States Department of Agriculture and at the state level by the Louisiana Department of Children and Family Services. See Louisiana Revised Statutes 46:322
  • Social Security breakpoint: means the maximum level at which compensation may be included in the determination of the primary insurance amount under Title II of the Federal Social Security Act, provided that for purposes of the funded system seven thousand eight hundred dollars shall be deemed to have been the Social Security breakpoint for all years prior to 1968. See Louisiana Revised Statutes 11:952.1
  • Society: means the Society of Louisiana Certified Public Accountants. See Louisiana Revised Statutes 37:101
  • Spouse: shall mean a person who is legally married to a member of this system and shall not include a person who is legally separated from a member of this system by a judgment of separation, unless such person has voluntarily reconciled with the member and which reconciliation is established by a court of competent jurisdiction. See Louisiana Revised Statutes 11:701
  • Spouse: means that person who is legally married to the member on the member's effective date of retirement or effective date of participation in the Deferred Retirement Option Plan, whichever is earlier. See Louisiana Revised Statutes 11:3682
  • Standardized information: means the customary universal data concerning an applicant's identity, education, and professional experience relative to a managed care organization's credentialing process including but not limited to name, address, telephone number, date of birth, social security number, educational background, state licensing board number, residency program, internship, specialty, subspecialty, fellowship, or certification by a regional or national healthcare or medical specialty college, association or society, prior and current place of employment, an adverse medical review panel opinion, a pending professional liability lawsuit, final disposition of a professional liability settlement or judgment, and information mandated by health insurance issuer accrediting organizations. See Louisiana Revised Statutes 46:460.51
  • State: means the state of Louisiana. See Louisiana Revised Statutes 51:3111
  • State: means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. See Louisiana Revised Statutes 37:73
  • State: means the state of Louisiana. See Louisiana Revised Statutes 45:1312
  • State: means the state of Louisiana. See Louisiana Revised Statutes 11:952.1
  • Statute: A law passed by a legislature.
  • STEP: means the education, employment, training and related services program for families receiving cash assistance payments. See Louisiana Revised Statutes 46:231
  • Storm: means a named tropical storm or hurricane, ice or snow storm, flood, or other significant weather or natural disaster that occurred during calendar year 2005 or that occurs thereafter. See Louisiana Revised Statutes 45:1312
  • Storm damage reserve: means a utility's storm reserve or such other similar reserve established pursuant to order or rule of the commission. See Louisiana Revised Statutes 45:1312
  • Strategic plans: means any plan, strategy, or device developed or intended to construct, operate, maintain a health facility or engage in providing, promoting, or selling a hospital health service. See Louisiana Revised Statutes 46:1072
  • student: includes a graduate assistant, medical intern, and medical resident. See Louisiana Revised Statutes 11:952.1
  • Subject person: means a controlling person, subsidiary, or affiliate of a licensee; a director, manager, officer, or employee of a licensee or of a controlling person, subsidiary, or affiliate of a licensee, or any other person who participates in the conduct of the business of a licensee. See Louisiana Revised Statutes 51:2388
  • Subsidiary: means , if used with respect to a licensee, a company or business firm of which the licensee holds control. See Louisiana Revised Statutes 51:2388
  • substantially equivalent: means a determination by the board, or its designee, that the education, examination, and experience requirements contained in the statutes and administrative rules of another state or jurisdiction are comparable to or exceed the education, examination, and experience requirements of this state or that an individual CPA's education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements of this state. See Louisiana Revised Statutes 37:73
  • Subtitle: means and includes all the Chapters in Subtitle II of this Title 47 and any other Title of the Louisiana Revised Statutes of 1950 except the provisions of Chapter 1 of Subtitle IV of Title 47 of the Louisiana Revised Statutes of 1950 and estate taxes for the assessment, collection, administration, and enforcement of taxes, fees, licenses, penalties, and interest due the state of Louisiana which have been delegated to the Department of Revenue. See Louisiana Revised Statutes 47:1501
  • Supervised financial organization: means a banking, thrift, or similar organization organized, certified, and supervised by an agency of the United States of America, the state of Louisiana, or any other state pursuant to the banking, currency, and related laws of the United States of America, the state of Louisiana, or any other state. See Louisiana Revised Statutes 6:969.6
  • Supervised financial organization: means either of the following:

    (a)  A banking or similar organization organized, certified, and supervised by an agency of either the United States of America or the state of Louisiana or any other state pursuant to the banking, currency, and related laws of the United States of America or of the state of Louisiana or any other state. See Louisiana Revised Statutes 9:3516

  • system: means the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:3682
  • System restoration activity: means any activity or activities by or on behalf of a utility in connection with the restoration of service associated with utility outages affecting customers of a utility as the result of a storm or storms, including but not limited to mobilization, staging, and construction, reconstruction, replacement, or repair of generation, transmission, distribution, or general plant facilities. See Louisiana Revised Statutes 45:1312
  • System restoration bonds: means bonds, notes, certificates of participation, or other evidences of indebtedness that are issued pursuant to this Part by an issuer at the request of the corporation and a utility, and authorized by a financing order, the net proceeds of which are transferred to the corporation and used as provided in this Part, and which are secured by and payable from system restoration property. See Louisiana Revised Statutes 45:1312
  • System restoration charge: means the nonbypassable charges, if determined appropriate by the commission and provided for in a financing order, to be assessed by the corporation on, and collected by the utility or other collection agent from, all existing and future customers of a utility, and periodically adjusted, in an amount sufficient at all times to pay the principal of and interest on particular system restoration bonds as the same shall become due and payable, all other financing costs, and any other costs as necessary to otherwise ensure the timely payment of such system restoration bonds, all as the commission may authorize in a financing order. See Louisiana Revised Statutes 45:1312
  • System restoration costs: means , if requested by the utility, and as may be approved by the commission, those prudent incremental costs incurred or to be incurred by a utility in undertaking a system restoration activity, including associated carrying costs. See Louisiana Revised Statutes 45:1312
  • System restoration property: means all of the following:

                (a) All rights and interests of the corporation arising out of this Part, including the right to receive system restoration charges billed and collected by the utility on the behalf of the corporation as authorized in the financing order, the right to enforce the obligations of the utility to collect and service the system restoration charges, and the right to obtain periodic adjustments to such charges as provided in the financing order and this Part. See Louisiana Revised Statutes 45:1312

  • TANF: means the federal block grant program established under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, and applicable changes due to its reauthorization. See Louisiana Revised Statutes 46:231
  • Taxable year: includes , in the case of a return made for a fractional part of a year under the provisions of this Chapter or under regulations prescribed by the collector, the period for which return is made. See Louisiana Revised Statutes 47:98
  • Telehealth: has the meaning ascribed in Louisiana Revised Statutes 46:460.51
  • 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.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • 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.
  • Trust: means an express special public trust created only pursuant to and in compliance with the provisions of this Subpart. See Louisiana Revised Statutes 45:1332
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust agreement: means , with respect to a trust, the written instrument that created the trust together with all proper amendments. See Louisiana Revised Statutes 45:1332
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity whether through the ownership of voting securities, by contract, or otherwise. See Louisiana Revised Statutes 45:1332
  • 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
  • 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
  • University: means all campuses and divisions of the Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
  • University Retirement Plan: means the nonfunded University Retirement Plan established pursuant to regulations of the board of supervisors as in effect on the effective date of this funded system. See Louisiana Revised Statutes 11:952.1
  • Unlawful practice: means a discriminatory practice in connection with employment, a discriminatory practice in connection with public accommodations, or any other practice prohibited by this Chapter or by Chapter 3-A of Title 23 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 51:2232
  • 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.
  • Utility: means an electric utility or a gas utility. See Louisiana Revised Statutes 45:1312
  • Utility: means any publicly owned, investor-owned, cooperative or municipally controlled company, corporation, partnership, business, system, or person which supplies gas or electricity or both to residential consumers in Louisiana. See Louisiana Revised Statutes 46:192
  • Utility affiliate: means an affiliate of the utility that obtains a financing order pursuant to this Subpart. See Louisiana Revised Statutes 45:1332
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • verification supporting statement: means the documentation confirming the information submitted by an applicant for a credentialing application from a specifically named entity or a regional, national, or general data depository providing primary source verification including but not limited to a college, university, medical school, teaching hospital, healthcare facility or institution, state licensing board, federal agency or department, professional liability insurer, or the National Practitioner Data Bank. See Louisiana Revised Statutes 46:460.51
  • Verify: means to confirm information provided to an online marketplace pursuant to this Chapter, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller's behalf, not misappropriated, and not falsified. See Louisiana Revised Statutes 51:3261
  • Vessel: means watercraft and air boats of every description, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Louisiana Revised Statutes 34:851.2
  • Vessel: means every description of watercraft and air boats, including homemade boats, other than a seaplane on the water, used or capable of being used as a means of transportation on water, valued in excess of two thousand five hundred dollars, to be principally operated on the waters of this state, required to be numbered, not held as inventory for sale or lease, and transferred for the first time on or after July 1, 2008. See Louisiana Revised Statutes 34:852.2
  • Wages: means all remuneration for services from whatever source, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, and dismissal payments which the employer is required by law or contract to make. See Louisiana Revised Statutes 51:2453
  • Warranty: means a warranty made solely by the manufacturer, importer, or seller of property or services, including builders on new home construction, without consideration, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property, or repetition of services. See Louisiana Revised Statutes 51:3142
  • Watercraft: means any contrivance used or designated for navigation on water. See Louisiana Revised Statutes 34:851.2
  • Waters of the state: means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state. See Louisiana Revised Statutes 34:851.2
  • Web page: means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet. See Louisiana Revised Statutes 51:2021
  • Website: means a set of related webpages served from a single web domain. See Louisiana Revised Statutes 51:3232
  • Work of fine art: means any original work of visual or graphic art of recognized quality in any medium which includes, but is not limited to, the following: painting, drawing, print, photographic print, or sculpture of a limited edition of no more than three hundred copies; however, "work of fine art" shall not include sequential imagery such as motion pictures. See Louisiana Revised Statutes 51:2152
  • Work-eligible: refers to families containing an adult under sixty years of age, or teen head of household, that is not disabled, incapacitated, or caring for a family member who is disabled or incapacitated as documented by a medical expert to which the status of disability is clearly established and explained. See Louisiana Revised Statutes 46:231
  • 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.
  • Youth: means an individual who was adjudicated as a child in need of care, was in foster care in the department's custody on the day before his eighteenth birthday, and is at least eighteen years of age but less than twenty-one years of age. See Louisiana Revised Statutes 46:288.2