Contents november 2015 I. Executive orders



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CONTENTS November 2015

I. EXECUTIVE ORDERS

BJ 15-25 Bond AllocationLouisiana Community Development Authority 2277


II. EMERGENCY RULES

Economic Development

Board of Commerce and IndustryIndustrial Ad Valorem Tax Exemption Program (LAC 13:I.Chapter 5) 2278

Office of Business DevelopmentAngel Investor Tax Credit (LAC 13:I.3307) 2279

Enterprise Zone Program (LAC 13:I.Chapter 7) 2280

Industrial Ad Valorem Tax Exemption Program (LAC 13:I.Chapter 5) 2278

Ports of Louisiana Tax Credits (LAC 13:I.3903 and 3923) 2281

Quality Jobs Program (LAC 13:I.Chapter 11) 2281

Research and Development Tax Credit (LAC 13:I.2905) 2282

Restoration Tax Abatement Program (LAC 13:I.Chapter 9) 2283

Technology Commercialization Credit and Jobs Program (LAC 13:I.2715) 2284

Office of Entertainment Industry DevelopmentLouisiana Digital Media and Software Act (LAC 61:I.1667) 2284

Louisiana Sound Recording Investor Tax Credit Program (LAC 61:I.1635) 2285

Motion Picture Investor Tax Credit Program (LAC 61:I.1607) 2285

Musical and Theatrical Production Income Tax Credit Program (LAC 61:I.1693) 2286


Education

Board of Elementary and Secondary EducationBulletin 118―Statewide Assessment Standards

and Practices (LAC 28:CXI.Chapters 11, 13, 17, 18, 19, 23, and 24) 2287


Health and Hospitals

Bureau of Health Services FinancingHome and Community-Based Services WaiversCommunity Choices

Waiver (LAC 50:XXI.8329 and 8601) 2293

Intermediate Care Facilities for Persons with Intellectual DisabilitiesSupplemental Payments

(LAC 50:VII.32917) 2294

Outpatient Hospital ServicesPublic-Private PartnershipsReimbursement Methodology

(LAC 50:V.6703) 2295

Personal Care Services—Long-Term Standards for ParticipationElectronic Visit Verification

(LAC 50:XV.12909) 2296

Office of Aging and Adult ServicesHome and Community-Based Services WaiversCommunity Choices

Waiver (LAC 50:XXI.8329 and 8601) 2293

Personal Care Services—Long-Term Standards for ParticipationElectronic Visit Verification

(LAC 50:XV.12909) 2296

Office of Public HealthMinimum Disinfectant ResidualLevels in Public Water Systems (LAC 51:XII.311,

355, 357, 361, 363, 367, 903, 1102, 1105, 1113, 1117, 1119, 1125, 1133, 1135, 1139 and 1503) 2296

Revenue

Policy Services DivisionAdministrative Fees (LAC 61:III.1701) 2301

Installment Agreement for Payment of Tax; Fees (LAC 61:I.4919) 2302

Issuance and Cancellation of a Lien; Fees (LAC 61:I.5302) 2303

Louisiana Tax Delinquency Amnesty Act of 2015 (LAC 61:I.4917) 2304

State

Elections DivisionAppeal of Merit Evaluation for the Registrars of Voters (LAC 31:II.108) 2305


Wildlife and Fisheries

Wildlife and Fisheries Commission2016-2020 Waterfowl Hunting Zones 2305

Opening Red Snapper Recreational Harvest 2306

Suspending Entry into the Louisiana Fisheries Forward Program (LAC 76:VII.347) 2307

This public document was published at a total cost of $1,975. Two hundred fifty copies of this public document were published in this monthly printing at a cost of $1,975. The total cost of all printings of this document including reprints is $1,975. This document was published by Moran Printing, Inc. 5425 Florida Boulevard, Baton Rouge, LA 70806, as a service to the state agencies in keeping them cognizant of the new rules and regulations under the authority of R.S. 49:950-971 and R.S. 49:981-999. This material was printed in accordance with standards for printing by

state agencies established pursuant to R.S. 43:31. Printing of this material was purchased in accordance with the provisions of Title 43 of the
Louisiana Revised Statutes.
The Office of the State Register provides auxiliary aids for the Louisiana Register for visually impaired individuals. By appointment, oral
presentation of the Louisiana Register is available at the Office of the State Register, or an audio cd of requested sections of the Louisiana Register can be provided for the production cost incurred. For more information contact the Office of the State Register.
III. RULES

Children and Family Services

Division of Programs, Child Welfare SectionGuardianship Subsidy Program (LAC 67:V.4101 and 4103) 2308

Division of Programs, Economic Stability SectionStrategies to Empower People (STEP) Program

(LAC 67:III.5721) 2311



District Attorneys’ Retirement System

Board of Trustees of the District Attorneys’ Retirement SystemDistrict Attorneys’ Retirement System 2311



Economic Development

Office of Business DevelopmentIndustrial Ad Valorem Tax Exemption Program (LAC 13:I.Chapter 5) 2318


Environmental Quality

Office of the Secretary, Legal DivisionEmission Reduction Credits (ERC) Banking Program

(LAC 33:III.603)(AQ353) 2319

Physical Protection of Byproduct Material; Distribution of Source Material to Exempt Persons and General

Licensees; Domestic Licensing of Special Nuclear Material; and Safeguards Information

(LAC 33:XV.102, 103, 303, 321, 340, 1519, 1601, 1603, 1605, 1607, 1609, 1611, 1613, 1615, 1617,

1619, 1621, 1623, 1625, 1627, 1629, 1631, 1633, 1635, 1637, 1641, 1643, 1645, 1647, 1649, 1651,

1661, 1663, 1665 and 1699)(RP060ft) 2320


Governor

Board of Home InspectorsHome Inspectors (LAC 46:XL.309 and 501) 2339

Board of Professional GeoscientistsProfessional Geoscientists (LAC 46:LXII.Chapters 1-19) 2340

Division of Administration, Office of Group BenefitsEmployee Benefits (LAC 32:I.Chapters 3, 7, and 11) 2349


Health and Hospitals

Board of Medical ExaminersPhysician Practice; Unprofessional Conduct (LAC 46:XLV.7603) 2353

Bureau of Health Services FinancingBehavioral Health ServicesLouisiana Bayou Health and

Coordinated System of Care Waiver (LAC 50:XXXIII.Chapters 1-9) 2353

Behavioral Health ServicesSubstance Use Disorders Services (LAC 50:XXXIII.Chapters 141-147) 2357

Children’s Behavioral Health Services (LAC 50:XXXIII.Chapters 21-27) 2358

Free-Standing Birthing Centers (LAC 50:XV.Chapters 265-271) 2360

Home and Community-Based Behavioral Health Services Waiver (LAC 50:XXXIII.Chapters 81-85) 2361

Managed Care for Physical and Basic Behavioral HealthBehavioral Health Integration

(LAC 50:I.Chapters 31-37) 2362

Medicaid EligibilityLouisiana Health Insurance Premium Payment Program Termination

(LAC 50:III.2311) 2368

Psychiatric Residential Treatment Facilities (LAC 50:XXXIII.Chapters 101-107) 2369

Therapeutic Group HomesBehavioral Health Integration (LAC 50:XXXIII.Chapters 121-127) 2371

Office of Behavioral HealthBehavioral Health ServicesLouisiana Bayou Health and Coordinated System

of Care Waiver (LAC 50:XXXIII.Chapters 1-9) 2353

Behavioral Health ServicesSubstance Use Disorders Services (LAC 50:XXXIII.Chapters 141-147) 2357

Children’s Behavioral Health Services (LAC 50:XXXIII.Chapters 21-27) 2358

Home and Community-Based Behavioral Health Services Waiver (LAC 50:XXXIII.Chapters 81-85) 2361

Psychiatric Residential Treatment Facilities (LAC 50:XXXIII.Chapters 101-107) 2369

Therapeutic Group HomesBehavioral Health Integration (LAC 50:XXXIII.Chapters 121-127) 2371


Natural Resources

Office of Coastal ManagementFisherman’s Gear Compensation Fund Assessment of Fees

(LAC 43:I.1515) 2373

Office of ConservationExpedited Permit Processing Program (LAC 43:XIX.Chapter 47) 2373

Fees (LAC 43:XIX.Chapter 7) 2375

Thirty-Day Work History Report (LAC 43:XIX.118) 2379



Public Safety and Corrections

Office of State Fire MarshalUniform Construction Code (LAC 17:I.Chapter 1) 2380


IV. NOTICE OF INTENT

Agriculture and Forestry

Office of Agricultural and Environmental Sciences, Agricultural Chemistry and Seed Commission

Seeds (LAC 7:XIII.121, 123, 519, 749 and 763) 2388

Office of Agricultural and Environmental Sciences, Structural Pest Control CommissionStructural Pest

Control (LAC 7:XXV.Chapter 1) 2393

Office of Agro Consumer Services, Division of Weights and MeasuresMetrology Laboratory Fee Structure

(LAC 7:XXXV.125) 2391

Office of Animal Health and Food Safety, Egg CommissionSale or Offering for Sale of Eggs within

Louisiana (LAC 7:V.919) 2392

Children and Family Services

Division of Programs, Licensing SectionReasonable and Prudent Parent Standards (LAC 67:V.6703, 6708,

7105, 7111, 7305, 7311, and 7313) 2400

Economic Stability SectionSupplemental Nutritional Assistance Program (SNAP) (LAC 67:III.1942) 2404


Economic Development

Office of Business DevelopmentPorts of Louisiana Tax Credits (LAC 13:I.Chapter 39) 2408

Quality Jobs Program (LAC 13:I.Chapter 11) 2410

Restoration Tax Abatement Program (LAC 13:I.Chapter 9) 2409

Technology Commercialization Credit and Jobs Program (LAC 13:I.2715 and 2719) 2412

Office of Business Development, Office of Entertainment Industry DevelopmentEntertainment Industry Tax

Credit ProgramsMotion Picture Investor Tax Credit Program (LAC 61:I.Chapter 16) 2405

Education

Board of Elementary and Secondary EducationBulletin 118―Statewide Assessment Standards and

Practices (LAC 28:CXI.Chapters 11, 13, 17, 18, 19, 23, and 24) 2413

Bulletin 119―Louisiana School Transportation Specifications and Procedures (LAC 28:CXIII.501, 903,

907, 1301, and 1303) 2420

Bulletin 741―Louisiana Handbook for School Administrators (LAC 28:CXV.Chapter 23) 2422

Bulletin 746―Louisiana Standards for State Certification of School PersonnelPRAXIS Exams

and Scores (LAC 28:CXXXI.243) 2427

Bulletin 1508Pupil Appraisal Handbook (LAC 28:CI.305, 307, 511, 711, 713, 717, 719. and 1509) 2424

Bulletin 1706―Regulations for Implementation of the Children with Exceptionalities Act

(LAC 28:XLIII.133 and 905) 2429

Environmental Quality

Office of the Secretary, Legal DivisionExpedited Penalty Agreement (LAC 33:I.Chapter 8)(OS088) 2431

Waste Tires (LAC 33:VII.Chapters 105 and 111)(SW062) 2438


Governor

Capital Area Ground Water Conservation CommissionPumpage Fees (LAC 56:V.1103) 2469

Division of Administration, Office of Technology ServicesInformation Technology Contracts for Consulting

Services (LAC 34:I.Chapter 55) 2469

Real Estate Appraisers BoardProhibited Activities (LAC 46:LXVII.30701, 30901, and 31103) 2471

Health and Hospitals

Bureau of Health Services FinancingInpatient Hospital ServicesNon-Rural, Non-State Hospitals

Children’s Specialty Hospitals Reimbursements (LAC 50:V.967) 2473

Intermediate Care Facilities for Persons with Intellectual DisabilitiesComplex Care Reimbursements

(LAC 50:VII.32915) 2474

Medical Transportation ProgramEmergency Aircraft TransportationRotor Winged Ambulance Services

Rate Increase (LAC 50:XXVII.353) 2476

Psychiatric Residential Treatment FacilitiesLicensing Standards (LAC 48:I.Chapter 90) 2477



Public Safety and Corrections

Office of State Fire MarshalDetention and Correctional Occupancy Inspections (LAC 55:V.1701) 2480

Office of State PoliceFederal Motor Carrier Safety and Hazardous Materials (LAC 33:V.10303) 2482

Revenue

Policy Services DivisionAdministrative Fees (LAC 61:III.1701) 2483

Installment Agreement for Payment of Tax; Fees (LAC 61:I.4919) 2484

Issuance and Cancellation of a Lien; Fees (LAC 61:I.5302) 2486

Public Registry of Motion Picture InvestorTax Credit Brokers (LAC 61:III.2701) 2488


Transportation and Development

Intermodal Transportation Division, Aviation SectionIntermodal Transportation

(LAC 70:IX.Chapters 1 and 3) 2489

Wildlife and Fisheries

Wildlife and Fisheries CommissionAdvertising or Sponsorship Signs on Department Assets

(LAC 76:I.339) 2495

Workforce Commission

Office of Workforce DevelopmentCertification of High Unemployment Areas (LAC 40:XXI.101) 2497


V. POTPOURRI

Agriculture and Forestry

Office of Agricultural and Environmental SciencesSupplement to Annual Quarantine Listing2015 2499



Environmental Quality

Office of Environmental Compliance, Underground Storage Tank and RemediationDivision Risk

Evaluation/Corrective Action Program (RECAP) 2499

Governor

Coastal Protection and Restoration AuthorityDeepwater Horizon Oil Spill: Draft Phase V Early Restoration

Plan and Environmental Assessment 2500

Health and Hospitals

Board of NursingLicensure as an Advanced Practice Registered Nurse and Authorized Practice

Public Hearing (LAC 46:XLVII.4507 and 4513) 2502

Board of Veterinary MedicineSpring/Summer Examination Dates 2502

Bureau of Health Services FinancingSubstantive Changes and Public Hearing Notification

Managed Care for Physical and Basic Behavioral HealthTimely Filing of Claims (LAC 50:I.3511) 2503


Natural Resources

Office of ConservationOrphaned Oilfield Sites 2504


VII. INDEX 2505



Executive Orders



EXECUTIVE ORDER BJ 15-25

Bond AllocationLouisiana Community


Development Authority

WHEREAS, pursuant to the Tax Reform Act of 1986 and Act 51 of the 1986 Regular Session of the Louisiana Legislature, Executive Order No. BJ 2008-47 was issued to establish:

(1) a method for allocating bonds subject to private activity bond volume limits, including the method of allocating bonds subject to the private activity bond volume limits (hereafter “Ceiling”);

(2) the procedure for obtaining an allocation of bonds under the Ceiling; and

(3) a system of central record keeping for such allocations;

WHEREAS, the Louisiana Community Development Authority has applied for an allocation of the 2015 Ceiling to be used in connection with the financing by NFR BioEnergy CT, LLC, for the development and construction of a biorefinery plant which will convert sugarcane waste and other agricultural waste into biocarbon products, including but not limited to energy pellets for use as fuel, to be located at the Cora Texas Sugar Mill on Highway 1 South, in the Parish of Iberville, City of White Castle, State of Louisiana, within the boundaries of the Issuer.

NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, do hereby order and direct as follows:

SECTION 1: The bond issue, as described in this Section, shall be and is hereby granted an allocation from the 2015 Ceiling in the amount shown:


Amount of Allocation


Name of Issuer

Name of Project

$60,000,000

Louisiana Community Development Authority

NFR BioEngery
CT, LLC

SECTION 2: The allocation granted herein shall be used only for the bond issue described in Section 1 and for the general purpose set forth in the “Application for Allocation of a Portion of the State of Louisiana’s Private Activity Bond Ceiling” submitted in connection with the bond issue described in Section 1.

SECTION 3: The allocation granted herein shall be valid and in full force and effect through December 31, 2015, provided that such bonds are delivered to the initial purchasers thereof on or before December 31, 2015.

SECTION 4: All references in this Order to the singular shall include the plural, and all plural references shall include the singular.

SECTION 5: This Order is effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the Governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 22nd day of October, 2015.


Bobby Jindal

Governor


ATTEST BY

THE GOVERNOR

Tom Schedler

Secretary of State

1511#004

Emergency Rules



DECLARATION OF EMERGENCY

Department of Economic Development

Office of Business Development
and
Board of Commerce and Industry

Industrial Ad Valorem Tax Exemption Program

(LAC 13:I.Chapter 5)

This Emergency Rule is being published pursuant to emergency provisions of the Administrative Procedure Act, R.S. 49:953(B). The Department of Economic Development and the Louisiana Board of Commerce and Industry have an immediate need for rules for the Industrial Ad Valorem Tax Exemption Program (LA Const. Art. VII, Section 21 and R.S. 51:921 et seq.), to effect fees under the new fee schedule provided by HB 773 of the 2015 Regular Session of the Louisiana Legislature. A delay in imposition of such fees would hinder effective administration of this program, impose unfunded and unrecoverable costs on the department, and delay access to the program by qualified applicants, resulting in an adverse financial impact on the state, the department, Louisiana businesses and taxpayers. This Emergency Rule shall become effective October 29, 2015, and shall remain in effect for the maximum period allowed under the Administrative Procedure Act, or until a final Rule is promulgated in accordance with law, whichever occurs first.

This Emergency Rule is being promulgated in order to continue the provisions of the July 1, 2015 Emergency Rule (effective for 120 days), published in the Louisiana Register, as an Emergency Rule in the July 2015 edition, and then subsequently as a Notice of Intent in the August 2015 edition, with a public hearing which was held on September 29, 2015.


Title 13

ECONOMIC DEVELOPMENT

Part I. Financial Incentive Programs

Chapter 5. Industrial Ad Valorem Tax Exemption Program


§503. Advance Notification; Application

A. An advance notification of intent to apply for tax exemption shall be filed with the LED Office of Business Development (OBD) on the prescribed form prior to the beginning of construction or installation of facilities. The phrase "beginning of construction" shall mean the first day on which foundations are started, or, where foundations are unnecessary, the first day on which installation of the facility begins. An advance notification fee of $250 shall be submitted with the form. The advance notification will expire and become void if no application is filed within 12 months of the estimated project ending date stated in the advance notification (subject to amendment by the applicant).

B. - B.3. ...

C. An application fee shall be submitted with the application in the amount equal to 0.5 percent of the estimated total amount of taxes to be exempted. In no case shall an application fee be smaller than $500 and in no case shall a fee exceed $15,000 per project.

D. - F. ...

AUTHORITY NOTE: Promulgated in accordance with Article VII, Part 2, Section 21(F) of the Louisiana Constitution of 1974.

HISTORICAL NOTE: Adopted by the State Board of Commerce and Industry, December 9, 1946, amended and promulgated by Department of Commerce, Office of Commerce and Industry, LR 11:97 (February 1985), LR 12:662 (October 1986), amended by the Department of Economic Development, Office of Commerce and Industry, LR 20:864 (August 1994), amended by the Department of Economic Development, Office of Business Development, LR 37:2376 (August 2011), amended by the Department of Economic Development, Office of Business Development and the Board of Commerce and Industry, LR 42:


§505. Miscellaneous Capital Additions

A. - B. ...

C. An application fee shall be submitted with the MCA application in the amount equal to 0.5 percent of the estimated total amount of taxes to be exempted. In no case shall an application fee be smaller than $500 and in no case shall a fee exceed $15,000 per project.

D. - F. ...

AUTHORITY NOTE: Promulgated in accordance with Article VII, Part 2, Section 21(F) of the Louisiana Constitution of 1974.

HISTORICAL NOTE: Promulgated by the Department of Commerce, Office of Commerce and Industry, LR 11:97 (February 1985), amended LR 12:662 (October 1986), amended by the Department of Economic Development, Office of Commerce and Industry, LR 20:865 (August 1994), amended by the Department of Economic Development, Office of Business Development, LR 37:2377 (August 2011), amended by the Department of Economic Development, Office of Business Development and the Board of Commerce and Industry, LR 42:


§525. Effective Date of Contract; Project Completion Report

A. The owner of a new manufacturing establishment or addition shall document the beginning date of operations and the date that construction is substantially complete. The owner must file that information with OBD on the prescribed project completion report form not later than 90 days after the beginning of operations, completion of construction, or receipt of the fully executed contract, whichever occurs last. A project completion report fee of $250 shall be submitted with the form. The deadline for filing the project completion report may be extended pursuant to §523.

B. ...

AUTHORITY NOTE: Promulgated in accordance with Article VII, Part 2, Section 21(F) of the Louisiana Constitution of 1974.


HISTORICAL NOTE: Adopted by the State Board of Commerce and Industry, December 9, 1946, amended and promulgated by the Department of Economic Development, Office of Commerce and Industry, LR 20:867 (August 1994), amended by the Department of Economic Development, Office of Business Development LR 37:2379 (August 2011), amended by the Department of Economic Development, Office of Business Development and the Board of Commerce and Industry, LR 42:

§527. Affidavit of Final Cost

A. Within six months of the beginning of operations, completion of construction, or receipt of the executed contract, whichever occurs last, the owner of a manufacturing establishment or addition shall file on the prescribed form an affidavit of final cost showing complete cost of the exempted project. A fee of $250 shall be filed with the affidavit of final cost or any amendment to the affidavit of final cost. Upon request by OBD, a map showing the location of all facilities exempted in the project shall be submitted in order that the exempted property may be clearly identifiable. The deadline for filing the affidavit of final cost may be extended pursuant to §523.

AUTHORITY NOTE: Promulgated in accordance with Article VII, Part 2, Section 21(F) of the Louisiana Constitution of 1974.

HISTORICAL NOTE: Adopted by the State Board of Commerce and Industry, December 9, 1946, amended and promulgated by the Department of Commerce, Office of Commerce and Industry, LR 12:662 (October 1986), amended by the Department of Economic Development, Office of Commerce and Industry, LR 20:867 (August 1994), amended by the Department of Economic Development, Office of Business Development, LR 37:2379 (August 2011), amended by the Department of Economic Development, Office of Business Development and the Board of Commerce and Industry, LR 42:


§529. Renewal of Tax Exemption Contract

A. Application for renewal of the exemption must be filed with OBD on the prescribed form not more than six months before, and not later than ,the expiration of the initial contract. A fee of $250 shall be filed with the renewal application. The document shall not be considered officially received and accepted until the appropriate fee is submitted. Upon proper showing of full compliance with the initial contract of exemption, the contract may be approved by the board for an additional period of up to but not exceeding five years.

B. ...

AUTHORITY NOTE: Promulgated in accordance with Article VII, Pan 2, Section 21(F) of the Louisiana Constitution of 1974.



HISTORICAL NOTE: Adopted by the State Board of Commerce and Industry, December 9, 1946, amended and promulgated by the Department of Economic Development, Office of Commerce and Industry, LR 20:867 (August 1994), amended by the Department of Economic Development, Office of Business Development, LR 37:2379 (August 2011), amended by the Department of Economic Development, Office of Business Development and the Board of Commerce and Industry, LR 42:

§533. Reporting Requirements for Changes in Operations

A. OBD is to be notified immediately of any change which affects the tax exemption contract. This includes any changes in the ownership or operational name of a firm holding a tax exemption contract. A fee of $250 shall be filed with a request for any contract amendment, including but not limited to, a change of ownership, change in name, or change in location. The board may consider restrictions or cancellation of a contract for cessation of the manufacturing operation, or retirement of any portion of the exempted equipment. Failure to report any material changes constitutes a breach of contract and, with approval by the board, shall result in restriction or termination.

AUTHORITY NOTE: Promulgated in accordance with Article VII, Part 2, Section 21(F) of the Louisiana Constitution of 1974.

HISTORICAL NOTE: Promulgated by the Department of Economic Development, Office of Commerce and Industry, LR 20:867 (August 1994), amended by the Department of Economic Development, Office of Business Development, LR 37:2380 (August 2011), amended by the Department of Economic Development, Office of Business Development and the Board of Commerce and Industry, LR 42:


§535. Sale or Transfer of Exempted Manufacturing Establishment

A. In the event an applicant should sell or otherwise dispose of property covered by a contract of exemption, the purchaser of the said plant or property may, within three months of the date of such act of sale, apply to the board for a transfer of the contract. A fee of $250 shall be filed with a request to transfer the contract. The board shall consider all such applications for transfer of contracts of exemption strictly on the merits of the application for such transfer. No such transfer shall in any way impair or amend any of the provisions of the contract so transferred other than to change the name of the contracting applicant. Failure to request or apply for a transfer within the stipulated time period shall constitute a violation of the contract.

AUTHORITY NOTE: Promulgated in accordance with Article VII, Part 2, Section 21(F) of the Louisiana Constitution of 1974.

HISTORICAL NOTE: Promulgated by the Department of Economic Development, Office of Commerce and Industry, LR 20:868 (August 1994), amended by the Department of Economic Development, Office of Business Development, LR 37:2380 (August 2011), amended by the Department of Economic Development, Office of Business Development and the Board of Commerce and Industry, LR 42:


Anne G. Villa

Undersecretary

1511#023
DECLARATION OF EMERGENCY

Department of Economic Development

Office of Business Development

Angel Investor Tax Credit (LAC 13:I.3307)

This Emergency Rule is being published pursuant to emergency provisions of the Administrative Procedure Act, R.S. 49:953(B). The Department of Economic Development has an immediate need for rules for the Angel Investor Tax Credit (R.S. 47:6020 and R.S. 51:921 et seq.), to effect fees under the new fee schedule provided by HB 773 of the 2015 Regular Session of the Louisiana Legislature. A delay in imposition of such fees would hinder effective administration of this program, impose unfunded and unrecoverable costs on the department, and delay access to the program by qualified applicants, resulting in an adverse financial impact on the state, the department, Louisiana businesses and taxpayers. This Emergency Rule shall become effective October 29, 2015, and shall remain in effect for the maximum period allowed under the Administrative Procedure Act, or until a final Rule is promulgated in accordance with law, whichever occurs first.

This Emergency Rule is being promulgated in order to continue the provisions of the July 1, 2015 Emergency Rule (effective for 120 days), published in the Louisiana Register, as an Emergency Rule in the July 2015 edition, and then subsequently as a Notice of Intent in the September 2015 edition, with a public hearing which occurred on October 26, 2015.



Title 13

ECONOMIC DEVELOPMENT




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