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Louisiana Revised Statutes > Title 9 > CODE TITLE V > Chapter 1 – Divorce

Sections
Part I In General 9:301 – 9:314
Part I-A Child Support 9:315 – 9:315.47
Part II Spousal Support 9:321 – 9:327
Part III Child Custody 9:331 – 9:359.13
Part IV Post-Separation Family Violence Relief Act 9:361 – 9:369
Part V Injunctions and Incidental Orders 9:371 – 9:375

Terms Used In Louisiana Revised Statutes > Title 9 > CODE TITLE V > Chapter 1 - Divorce

  • Abortion-inducing drug: means any drug or chemical, or any combination of drugs or chemicals, or any other substance when used with the intent to cause an abortion, including but not limited to RU-486, the Mifeprex regimen, misoprostol (Cytotec), or methotrexate. See Louisiana Revised Statutes 14:87.1
  • Abused parent: means the parent who has not committed family violence. See Louisiana Revised Statutes 9:362
  • Accepted claim: means either of the following:

    (a)  A nonelectronic claim on a HCFA 1500 form or Uniform Billing Form 92 (UB92), properly completed according to Medicare guidelines. See Louisiana Revised Statutes 22:1831

  • Accident: means an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration. See Louisiana Revised Statutes 23:1021
  • Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund together with regular interest thereon as provided in La. See Louisiana Revised Statutes 11:2213
  • Accumulated contributions: means the sum of all amounts paid by a member, excluding interest paid on the repayment of a refund, and credited to his individual account in the employee's savings account, together with regular interest credited prior to July 1969. See Louisiana Revised Statutes 11:403
  • Accumulated employee contributions: means the sum of all amounts deducted from a member's salary and paid to the fund. See Louisiana Revised Statutes 11:1503
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Activities: means marketing, promotions, sales efforts, events, and any other services that are reasonably related to the enhancement of tourism. See Louisiana Revised Statutes 33:4600.3
  • Activity statement: means any written communication from a health care provider that advises an enrollee or insured of covered health care services that have been billed to a health insurance issuer. See Louisiana Revised Statutes 22:1872
  • Actuarial equivalent: shall mean a benefit of equal value when computed upon the basis of such mortality tables as shall be adopted by the board of trustees, and regular interest. See Louisiana Revised Statutes 11:1581
  • Actuarial equivalent: shall mean a benefit of equivalent value to the accumulated contributions, annuity, or benefits, as the case may be, computed on the basis of such interest and mortality assumptions as are adopted in accordance with the provisions of La. See Louisiana Revised Statutes 11:2213
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjusted gross income: means gross income, minus:

                (a) Amounts for preexisting child support or spousal support obligations owed under an order of support to another who is not a party to the proceedings and

                (b) At the court's discretion, amounts paid on behalf of a party's minor child who is not the subject of the action of the court. See Louisiana Revised Statutes 9:315

  • Administrator: means the administrator of the child support enforcement section, office of children and family services, Department of Children and Family Services. See Louisiana Revised Statutes 9:315.40
  • administrator: means the administrator of the fraud section of the office of workers' compensation. See Louisiana Revised Statutes 23:1295
  • 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.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means any person who controls, is controlled by, or is under common control with a developer. See Louisiana Revised Statutes 9:1131.2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: as used in this Chapter shall have the same meaning ascribed to it as provided in La. See Louisiana Revised Statutes 39:1556
  • Agency: means any governmental body employing persons and includes departments, agencies, boards, commissions, and courts. See Louisiana Revised Statutes 11:403
  • Agricultural activity: means a commercial enterprise of any agricultural related or associated entity. See Louisiana Revised Statutes 3:3602
  • Agricultural facility: means any facility used for the marketing, processing, or production of agricultural products, or for providing agricultural support services. See Louisiana Revised Statutes 3:3602
  • Agricultural land: means any land on which any agricultural operations is being conducted. See Louisiana Revised Statutes 3:3602
  • Agricultural operation: means any agricultural facility or agricultural land which is being used for agricultural production or agricultural processing and includes any facility used for the production and processing of crops or products thereof, livestock or products thereof, farm-raised fish and fish products, wood, timber or forest products, fowl or plants for breeding or sales, and poultry or poultry products for commercial or industrial purposes. See Louisiana Revised Statutes 3:3602
  • Agricultural processing: means the processing of any agricultural product and includes, but is not limited to, the slaughtering and processing of livestock and poultry, the elevation and drying of grain, the processing of sugar cane, and the ginning of cotton. See Louisiana Revised Statutes 3:3602
  • Agricultural product: means crops, livestock, poultry, and aquacultural, floracultural, horticultural, silvicultural, or viticultural products. See Louisiana Revised Statutes 3:3602
  • Agricultural production: means the commercial production of any agricultural products and includes the planting of cover crops, the leaving of land idle for the purpose of participating in government programs, normal crop or livestock rotation procedures, and the use of agricultural support services. See Louisiana Revised Statutes 3:3602
  • Agricultural products: shall include aquacultural, horticultural, viticultural, forestry, dairy, livestock, poultry, bee, and farm and range products, and furbearing animals raised or produced on a defined acreage. See Louisiana Revised Statutes 3:4712
  • Agricultural support services: means the aerial or surface application of seed, fertilizer, pesticides, lime, or other soil amendments; irrigation operations; or custom plowing, soil preparation or leveling, cultivation, or harvesting. See Louisiana Revised Statutes 3:3602
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: shall mean payments for life derived from the "accumulated contributions" of a member. See Louisiana Revised Statutes 11:1581
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity reserve: shall mean the present value of all payments to be made on account of any annuity, or benefit in lieu of any annuity, computed upon the basis of such mortality tables as shall be adopted by the board of trustees, and regular interest. See Louisiana Revised Statutes 11:2213
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriate early childhood program: means a developmentally appropriate program for young children, ages three to five years, which is in compliance with regulatory guidelines to be issued by the department pursuant to this Part and which is approved by the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:407.1
  • Appropriate governing authority: shall mean the governing authority of East Baton Rouge Parish. See Louisiana Revised Statutes 33:4720.151
  • Appropriate jurisdiction: shall mean East Baton Rouge Parish. See Louisiana Revised Statutes 33:4720.151
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles: means the original articles of incorporation and all amendments thereto including those contained in merger agreements or, if restated, the latest restatement thereof except in those instances in which the context refers expressly to the original articles of incorporation only. See Louisiana Revised Statutes 6:201
  • Assembled: means the process of putting together all component parts of an item of equipment by the manufacturer where the assembly plant is located within the territorial borders of the state of Louisiana. See Louisiana Revised Statutes 39:1556
  • Assessed business: means a business operated by a business owner who is required to pay an assessment pursuant to this Chapter. See Louisiana Revised Statutes 33:4600.3
  • Assessment: means the levy imposed pursuant to this Chapter. See Louisiana Revised Statutes 33:4600.3
  • Assets: means all of a state bank's property and rights of every kind. See Louisiana Revised Statutes 6:201
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • authorized representative: includes one or more of the following:

                (a) A title insurance company or agent licensed to conduct business in this state. See Louisiana Revised Statutes 33:4720.301

  • authorized representative: includes one or more of the following:

                (a) A title insurance company or agent licensed to conduct business in this state. See Louisiana Revised Statutes 33:4720.151

  • authorized representative: includes one or more of the following:

    (a)  A title insurance company or agent licensed to conduct business in this state. See Louisiana Revised Statutes 33:4720.181

  • average final compensation: shall mean the average monthly compensation earned by an employee during any period of sixty successive months of service as an employee during which the earned compensation was the highest. See Louisiana Revised Statutes 11:1581
  • average final compensation: means the average annual earned compensation of a member for the sixty highest months of successive employment, or for the highest sixty successive joined months of employment where interruption of service occurred. See Louisiana Revised Statutes 11:2213
  • 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.
  • Bail enforcement: means the apprehension or surrender of a person who is released on bail or who has failed to appear at any stage of the proceedings to answer the charge before the court in which he may be prosecuted. See Louisiana Revised Statutes 22:1582
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Base health care facility: means a facility or institution providing health care services, including but not limited to a hospital or other licensed inpatient center, ambulatory surgical or treatment center, skilled nursing facility, inpatient hospice facility, residential treatment center, diagnostic, laboratory, or imaging center, or rehabilitation or other therapeutic health setting that has entered into a contract or agreement with a facility-based physician. See Louisiana Revised Statutes 22:1872
  • Basket: means a one and one-half bushel circular container that may be used for the measurement of oysters to be sold or purchased. See Louisiana Revised Statutes 3:4602
  • Beneficiary: shall mean any person designated to receive a pension, an annuity, a retirement allowance or other benefit as provided by this Chapter. See Louisiana Revised Statutes 11:1581
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: shall mean any person designated by a member or retiree to receive an annuity, survivor benefit, or other benefit as provided by this Chapter. See Louisiana Revised Statutes 11:2213
  • Beneficiary: means any person designated by the member or legally entitled to receive a retirement allowance, an annuity, or other benefit. See Louisiana Revised Statutes 11:403
  • Bequest: Property gifted by will.
  • Bill: means any written or electronic communication that sets forth the amount owed by an enrollee or insured. See Louisiana Revised Statutes 22:1872
  • Board: means the board of trustees of the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
  • Board: means any agency, board, commission, or office, public or private, that issues any license for activity specified in Paragraph (6) of this Section. See Louisiana Revised Statutes 9:315.31
  • Board: means the Board of Trustees of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • Board of Trustees: shall mean the Board provided for in La. See Louisiana Revised Statutes 11:1581
  • Board of trustees: shall mean the board provided for in La. See Louisiana Revised Statutes 11:2213
  • Boll weevil: means any Anthonomus grandis Boheman in any stage of development. See Louisiana Revised Statutes 3:1603
  • Bona fide medical reason: means a medical condition which is recognized by any medical licensing board as a standard of care, except that "bona fide medical reason" shall not include abortion, as defined in this Section. See Louisiana Revised Statutes 14:87.1
  • Bonds: means any bonds, notes, interim certificates, certificates of indebtedness, debenture, or other obligation. See Louisiana Revised Statutes 33:4720.151
  • Bonds: means any bonds, notes, interim certificates, certificates of indebtedness, debenture, or other obligation. See Louisiana Revised Statutes 33:4720.181
  • Brand: means any name, trademark, or other designation under which an agricultural liming material is sold. See Louisiana Revised Statutes 3:1430.2
  • Bulk: means in nonpackaged form. See Louisiana Revised Statutes 3:1430.2
  • Burnt lime: means a material made from limestone which consists primarily of calcium oxide or a combination of calcium and magnesium oxides. See Louisiana Revised Statutes 3:1430.2
  • Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted. See Louisiana Revised Statutes 39:1556
  • Business: means any type of tourism business, including but not limited to any tourist home, hotel, motel, or trailer court accommodations, recreational vehicle park, privately owned or managed campgrounds, other lodging intended for short-term occupancy, restaurant, tourism attraction, activity provider, and other tourism businesses that benefit from the visitor economy. See Louisiana Revised Statutes 33:4600.3
  • Business entity: shall mean a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. See Louisiana Revised Statutes 22:1542
  • Business owner: means any person recognized by the tourist commissioners as the owner of the business subject to assessment. See Louisiana Revised Statutes 33:4600.3
  • Capital: means the sum of capital stock, surplus, and undivided profits or, as to mutual state banks, as defined by La. See Louisiana Revised Statutes 6:201
  • Capital stock: means the sum of the par value of the shares outstanding plus any amounts in excess of par value transferred from surplus to capital stock in respect of such shares less any part of such amounts transferred from capital stock to surplus as permitted by this Chapter. See Louisiana Revised Statutes 6:201
  • Catfish: means only those species within the family Ictaluridae, Ariidae or Loricariidae. See Louisiana Revised Statutes 3:4733
  • Catfish product: means any item capable of use as human food which is made wholly or in part from any catfish or portion thereof, except products which contain catfish only in small proportions or historically have not been, in the judgment of the commissioner, considered by consumers as products of the United States commercial catfish industry and which are exempted from definition as a catfish product by the commissioner under such conditions as he may prescribe to assure that the catfish or portions thereof contained therein are not adulterated and that such products are not represented as catfish products. See Louisiana Revised Statutes 3:4733
  • Certificate: means a document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils. See Louisiana Revised Statutes 3:1603
  • Certificate of stock: means a properly executed instrument evidencing the fact that the person therein named is the registered owner of the shares therein described. See Louisiana Revised Statutes 6:201
  • Chalk: means a soft, friable, loosely consolidated material composed primarily of calcium carbonate. See Louisiana Revised Statutes 3:1430.2
  • Chambers: A judge's office.
  • Change order: means a written order signed by the procurement officer, directing the contractor to make changes which the contract authorizes the procurement officer to order without the consent of the contractor. See Louisiana Revised Statutes 39:1556
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Chief procurement officer: means the person holding the position created in La. See Louisiana Revised Statutes 39:1556
  • Child: means a person who has not reached age eighteen or otherwise been legally emancipated. See Louisiana Revised Statutes 17:407.33
  • Child: means a person who has not reached the age of eighteen years. See Louisiana Revised Statutes 17:407.62
  • Child and Adult Care Food Program: means the federal nutrition reimbursement program as funded by the United States Department of Agriculture through the state Department of Education. See Louisiana Revised Statutes 17:407.62
  • Child Care and Development Fund: means the child care programs funded through the federal Child Care and Development Fund Block Grant Act and administered by the state Department of Education. See Louisiana Revised Statutes 17:407.62
  • Child day care center: means any place or facility operated by any institution, political subdivision, society, agency, corporation, person or persons, or any other group for the purpose of providing care, supervision, and guidance of seven or more children, not including those related to the caregiver, unaccompanied by parent or legal custodian, on a regular basis for at least twelve and one-half hours in a continuous seven-day week. See Louisiana Revised Statutes 17:407.33
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Claim: means a request by a health care provider for payment from a health insurance issuer. See Louisiana Revised Statutes 22:1831
  • Claim: means a request by a pharmacist for payment by a health insurance issuer. See Louisiana Revised Statutes 22:1852
  • classification: means the process of grouping risks with similar risk characteristics so that differences in costs may be recognized. See Louisiana Revised Statutes 22:1452
  • Clean claim: means an accepted claim that has no defect or impropriety including any lack of required substantiating documentation or other particular circumstance requiring special treatment that prevents timely payment from being made on the claim under this Subpart. See Louisiana Revised Statutes 22:1831
  • Clinically diagnosable pregnancy: means a pregnancy that is capable of being verified by one of the following conventional medical testing methods, whether or not any testing was in fact performed by any person:

                (a) A blood or urine test, whether used at home or in a medical setting, that tests for the human pregnancy hormone known as human chorionic gonadotropin (hCG) that medically indicates that implantation has occurred. See Louisiana Revised Statutes 14:87.1

  • Combined adjusted gross income: means the combined adjusted gross income of both parties. See Louisiana Revised Statutes 9:315
  • Commission: means the Commission of Weights and Measures. See Louisiana Revised Statutes 3:4602
  • Commission: shall mean a fee paid to an insurance producer as a percentage of the premium generated by a sold insurance policy, or direct compensation or reward of a producer when the same is calculated as a flat fee or as a percentage of the premium or on the profit to the principal. See Louisiana Revised Statutes 22:1542
  • Commission: means the Louisiana Boll Weevil Eradication Commission established in this Part. See Louisiana Revised Statutes 3:1603
  • Commission: means the Louisiana Workforce Commission. See Louisiana Revised Statutes 23:1
  • Commissioner: means the commissioner of the Department of Agriculture and Forestry or his duly authorized designee. See Louisiana Revised Statutes 3:3391.3
  • Commissioner: means the commissioner of the Department of Agriculture and Forestry, or his duly authorized representatives acting at his discretion. See Louisiana Revised Statutes 3:4602
  • commissioner: shall mean the commissioner of insurance. See Louisiana Revised Statutes 22:1451
  • Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:4733
  • Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:1831
  • Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:1852
  • Commissioner: means the commissioner of the Department of Agriculture and Forestry, or his duly authorized designee. See Louisiana Revised Statutes 3:1603
  • Commissioner: means the commissioner of insurance. See Louisiana Revised Statutes 22:1872
  • Common elements: means all portions of timeshare property other than units. See Louisiana Revised Statutes 9:1131.2
  • Company: means any foreign domiciled or based entity, real or juridical, which is not a subsidiary of nor owned in whole or in part by any domestic company, and which is engaged in an enterprise for financial gain. See Louisiana Revised Statutes 11:312
  • Competitive market: means any market except those which have been found to be noncompetitive pursuant to La. See Louisiana Revised Statutes 22:1452
  • Competitive negotiation: means to negotiate for a contract through a request for proposals process or any other similar competitive selection process. See Louisiana Revised Statutes 39:1556
  • Competitive sealed bidding: means the receipt of bids protected from inspection prior to bid opening. See Louisiana Revised Statutes 39:1556
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completion of construction: means :

    (a)(i)  That a certificate of occupancy has been issued for the entire building in which the timeshare interest being sold is located, or for the improvement, or that the equivalent authorization has been issued, by the governmental body having jurisdiction; or

    (ii)  In a jurisdiction in which no certificate of occupancy or equivalent authorization is issued, that the construction, finishing, and equipping of the building or improvements according to the plans and specifications have been substantially completed; and

    (b)  That all accommodations of the timeshare unit and facilities of the timeshare plan are available for use in a manner identical in all material respects to the manner portrayed by the promotional material, advertising, and public offering statements filed with the Louisiana Real Estate Commission. See Louisiana Revised Statutes 9:1131.2

  • Compliance with an order of support: means that the support obligor is no more than ninety days in arrears in making payments in full for current support or in making periodic payments as set forth in a court order of support, and has obtained or maintained health insurance coverage if required by an order of support. See Louisiana Revised Statutes 9:315.31
  • Compliance with an order of support: means that the support obligor is no more than ninety days in arrears in making payments in full for current support, or in making periodic payments on a support arrearage pursuant to a court order or written agreement with the department, or in making periodic payments as set forth in a court order of support, and has obtained or maintained health insurance coverage if required by an order of support. See Louisiana Revised Statutes 9:315.40
  • Conservator: means the commissioner or his designee. See Louisiana Revised Statutes 6:381
  • Consolidated activity statement and bill: means any written or electronic communication from a health care provider that advises an enrollee or insured of covered health care services that have been billed to a health insurance issuer and which sets forth an amount owed by an enrollee or insured. See Louisiana Revised Statutes 22:1872
  • Conspicuous type: means type in boldfaced capital letters no smaller than the largest type, exclusive of headings, on the page on which it appears and, in all cases, at least 10-point type. See Louisiana Revised Statutes 9:1131.2
  • Consumer: means any person who purchases agricultural liming materials for use on fields owned or leased by that person. See Louisiana Revised Statutes 3:1430.2
  • Contempt of court: means that a person has been found guilty of a direct contempt of court for a contumacious failure to comply with a subpoena, pursuant to Code of Civil Procedure Article 222(5), or a constructive contempt of court for willful disobedience of a lawful order of the court, pursuant to Code of Civil Procedure Article 224(2), in or ancillary to a child support or paternity proceeding. See Louisiana Revised Statutes 9:315.31
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contraceptive: means any device, measure, drug, chemical, or product, including single-ingredient levonorgestrel, that has been approved by the United States Food and Drug Administration for the purpose of preventing pregnancy and is intended to be administered prior to the time when a clinically diagnosable pregnancy can be determined, provided that the contraceptive is sold, prescribed, or administered in accordance with manufacturer's instructions. See Louisiana Revised Statutes 14:87.1
  • Contract: includes any agreement conferring the rights and obligations of a timeshare ownership on the purchaser. See Louisiana Revised Statutes 9:1131.2
  • Contract: means all types of state agreements, regardless of what they may be called, including orders and documents purporting to represent grants, which are for the purchase or disposal of supplies, services, major repairs, or any other item. See Louisiana Revised Statutes 39:1556
  • Contract modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. See Louisiana Revised Statutes 39:1556
  • Contracted health care provider: means a health care provider that has entered into a contract or agreement directly with a health insurance issuer or with a health insurance issuer through a network of providers for the provision of covered health care services. See Louisiana Revised Statutes 22:1872
  • Contracted reimbursement rate: means the aggregate maximum amount that a contracted health care provider has agreed to accept from all sources for provision of covered health care services under the health insurance coverage applicable to the enrollee or insured. See Louisiana Revised Statutes 22:1872
  • Contractor: means any person having a contract with a governmental body. See Louisiana Revised Statutes 39:1556
  • Conviction: A judgement of guilt against a criminal defendant.
  • Correct claims address: means the address appearing on an enrollee's or insured's current identification card issued by the health insurance issuer as the current address at which claims are received, or, if no address appears on the identification card, the current address for receipt of claims provided by the health insurance issuer to the department. See Louisiana Revised Statutes 22:1831
  • Cotton: means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. See Louisiana Revised Statutes 3:1603
  • Cotton producer: means any person who is actively and directly engaged in the production, planting, growing, or farming of cotton for market, or otherwise actively causing cotton to be produced for market. See Louisiana Revised Statutes 3:1603
  • Court: means any district court, juvenile court, or family court having jurisdiction over the parents and/or child at issue. See Louisiana Revised Statutes 9:362
  • Court: means any court exercising jurisdiction over the determination of child support, paternity, or criminal neglect of family proceedings. See Louisiana Revised Statutes 9:315.31
  • Court: means the Nineteenth Judicial District located in Baton Rouge and, in the event of an appeal from such a court, the First Circuit Court of Appeal located in Baton Rouge. See Louisiana Revised Statutes 39:1556
  • Court-monitored domestic abuse intervention program: means a program, comprised of a minimum of twenty-six in-person sessions, that follows a model designed specifically for perpetrators of domestic abuse. See Louisiana Revised Statutes 9:362
  • coverage: means benefits consisting of health care services provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as health care services under any hospital or medical service policy or certificate, hospital or medical service plan contract, preferred provider organization agreement, or health maintenance organization contract offered by a health insurance issuer. See Louisiana Revised Statutes 22:1831
  • Coverage area: means the parish, parishes, or other geographical area within the jurisdiction of a local early learning enrollment coordinator. See Louisiana Revised Statutes 17:407.91
  • Covered health care services: means services, items, supplies, or drugs for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease that are either covered and payable under the terms of health insurance coverage or required by law to be covered. See Louisiana Revised Statutes 22:1872
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • 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
  • Creditable service: shall mean service for which credit is allowable as provided in La. See Louisiana Revised Statutes 11:2213
  • Creditable service: means prior service plus membership service for which credit is allowable as provided in this Chapter. See Louisiana Revised Statutes 11:403
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data: means recorded information, regardless of form or characteristic. See Louisiana Revised Statutes 39:1556
  • Debarment: means the disqualification of a person to receive invitations for bids or requests for proposals, or the award of any contract by any governmental body, for a specified period of time commensurate with the seriousness of the offense or the failure or the inadequacy of performance. See Louisiana Revised Statutes 39:1556
  • Decedent: A deceased person.
  • declaration: means the instrument by which the timeshare property is made subject to a timeshare plan. See Louisiana Revised Statutes 9:1131.2
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:4602
  • Department: means the Department of Children and Family Services when rendering child support enforcement services in  TANF or non-TANF cases. See Louisiana Revised Statutes 9:315.31
  • Department: means the Department of Children and Family Services, office of children and family services. See Louisiana Revised Statutes 9:315.40
  • Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:4733
  • Department: means the Department of Insurance. See Louisiana Revised Statutes 22:1831
  • Department: means the Department of Insurance. See Louisiana Revised Statutes 22:1852
  • Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1603
  • Department: means the state Department of Education. See Louisiana Revised Statutes 17:396
  • Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.1
  • Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.33
  • Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.62
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.82
  • Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.91
  • Dependent: A person dependent for support upon another.
  • Dependent: means the person or persons to whom, under the provisions of Part II of this Chapter, compensation shall be paid upon the death of the injured employee. See Louisiana Revised Statutes 23:1021
  • Deploying parent: means a parent of a minor child whose parental rights have not been terminated and whose custody or visitation rights have not been restricted by court order to supervised visitation only, by a court of competent jurisdiction who is deployed or has received written orders to deploy with the United States military or any reserve component thereof. See Louisiana Revised Statutes 9:359.1
  • Deployment: means military service in compliance with mandatory written orders, unaccompanied by any family member, for combat operations, contingency operations, peacekeeping operations, temporary duty, a remote tour of duty, or other active service. See Louisiana Revised Statutes 9:359.1
  • 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.
  • Designated beneficiary: means the person most recently designated in writing by a member to receive any benefits to which he may be entitled. See Louisiana Revised Statutes 11:1503
  • Designated representative: is a person in a position of authority within the company he represents, such as a partner of a partnership, an officer or director of a corporation, the proprietor of a proprietorship, or anyone who acts in a managerial capacity. See Louisiana Revised Statutes 23:1176
  • Designee: means a duly authorized representative of a person holding a superior position. See Louisiana Revised Statutes 39:1556
  • Developer: means the person, or any successor or assignee of such person, who creates the timeshare plan or who is in the business of making sales of timeshare interests which it owns or purports to own. See Louisiana Revised Statutes 9:1131.2
  • Devise: To gift property by will.
  • Diminution in value: means an existent reduction of twenty percent or more of the fair market value or the economically viable use of, as determined by a qualified appraisal expert, the affected portion of any parcel of private agricultural property or the property rights thereto for agricultural purposes, as a consequence of any regulation, rule, policy, or guideline promulgated for or by any governmental entity. See Louisiana Revised Statutes 3:3602
  • Direct retail sale: means the sale of catfish, catfish products, siluriformes, or siluriforme products individually or in small quantities directly to the consumer. See Louisiana Revised Statutes 3:4733
  • Discount billing: means any written or electronic communication issued by a contracted health care provider that appears to attempt to collect from an enrollee or insured an amount in excess of the contracted reimbursement rate for covered services. See Louisiana Revised Statutes 22:1872
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • dismemberment: means the use of a clamp, forceps, curette, suction cannula, or any other surgical tool or instrument with the intent to disarticulate the head or limbs from the body of the unborn child during an abortion, including but not limited to the common abortion methods known as suction curettage and dilation and evacuation. See Louisiana Revised Statutes 14:87.1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distributor: means a person who sells, offers for sale, or distributes agricultural liming materials in this state on the wholesale level. See Louisiana Revised Statutes 3:1430.2
  • Distributor: means any person offering for sale, exchange, or barter any catfish, catfish products, siluriformes, or siluriforme products destined for direct retail sale in Louisiana. See Louisiana Revised Statutes 3:4733
  • district court: shall mean the Sixteenth Judicial District Court. See Louisiana Revised Statutes 33:4720.181
  • district court: shall mean the First Judicial District Court. See Louisiana Revised Statutes 33:4720.301
  • district court: shall mean the Nineteenth Judicial District Court. See Louisiana Revised Statutes 33:4720.151
  • Docket: A log containing brief entries of court proceedings.
  • Document: means any written or otherwise tangible material intended to be or actually used as a part of or any evidence of the work history of any school employee including but not limited to any and all reports, comments, reprimands, correspondence, memoranda, evaluations, observations, and grievances relative to a particular school employee. See Louisiana Revised Statutes 17:1233
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Drug Shortage List: means a list of drug products posted on the United States Food and Drug Administration drug shortage website. See Louisiana Revised Statutes 22:1863
  • Dual billing: means any written or electronic communication issued by a contracted health care provider that sets forth any amount owed by an enrollee or insured that is a health insurance issuer liability. See Louisiana Revised Statutes 22:1872
  • Dyslexia: means an unexpected difficulty in reading for an individual who has the intelligence to be a much better reader, most commonly caused by a difficulty in phonological processing, which affects the ability of an individual to speak, read, and spell. See Louisiana Revised Statutes 17:392.11
  • Early learning center: means any child day care center, Early Head Start Center, Head Start Center, or stand-alone prekindergarten program not attached to a school. See Louisiana Revised Statutes 17:407.33
  • Early learning staff: means a person employed as a full-time staff member in a licensed early learning center or a registered family child day care home. See Louisiana Revised Statutes 17:407.82
  • Earnable compensation: shall mean the full amount of compensation earned by an employee for a given month, including supplemental pay paid by the state of Louisiana, but shall not include overtime. See Louisiana Revised Statutes 11:2213
  • Earned compensation: means the base pay earned by an employee for a given pay period as reported to the system on a monthly basis by the agency which shall include the cash value of any emolument of office in the form of paid compensation in lieu of salary which is subject to federal and state payroll taxes and includes the full amount earned by an employee, overtime, and per diem earned by an employee of the House of Representatives, the Senate, or an agency of the legislature, and expense allowances and per diem paid to members of the legislature, the clerk, or sergeant at arms of the House of Representatives and president and secretary or sergeant at arms of the Senate. See Louisiana Revised Statutes 11:403
  • Educational accountability: means the respective responsibilities and duties, under the provisions of this Part, of local school boards, administrators, principals, teachers, and other personnel; the state Department of Education and its personnel; parents, students, and any other governing authority. See Louisiana Revised Statutes 17:391.2
  • Electronic: means electrical, digital, magnetic, optical, electromagnet, or any other similar technology. See Louisiana Revised Statutes 39:1556
  • Electronic claim: means a claim submitted by a health care provider or its agent to a health insurance issuer in compliance with the provisions of the Health Insurance Portability and Accountability Act (42 USC 1302d et seq. See Louisiana Revised Statutes 22:1831
  • Electronic claim: means the transmission of data for purposes of payment of covered prescription drugs, other products and supplies, and pharmacist services in an electronic data format specified by a health insurance issuer and approved by the department. See Louisiana Revised Statutes 22:1852
  • 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
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means any regular employee of a clerk, minute clerk, and employees of the Louisiana Clerks of Court Association, the Louisiana Clerks' of Court Retirement and Relief Fund, and the Louisiana Clerks of Court Insurance Fund, who works more than an average of twenty hours per week. See Louisiana Revised Statutes 11:1503
  • Employee: shall mean any district attorney of the state of Louisiana, or any assistant district attorney in any parish of the state of Louisiana. See Louisiana Revised Statutes 11:1581
  • Employee: shall mean any of the following classifications:

                (a)(i) Any full-time police officer, empowered to make arrests. See Louisiana Revised Statutes 11:2213

  • Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any nonsalaried individual performing personal services for any governmental body. See Louisiana Revised Statutes 39:1556
  • Employee: means any person legally occupying a position in the state service. See Louisiana Revised Statutes 11:403
  • Employer: shall mean any parish in the state of Louisiana; the state of Louisiana, or the police jury or any other governing body of a parish or political corporation or subdivision of the state of Louisiana which employs and pays persons as district attorneys or assistant district attorneys. See Louisiana Revised Statutes 11:1581
  • Employer: shall mean any municipality in the state of Louisiana which employs a full-time police officer, empowered to make arrests, or which has an elected chief of police whose salary is at least one thousand dollars per month, and the Municipal Police Employees' Retirement System. See Louisiana Revised Statutes 11:2213
  • Employer: means the state of Louisiana or any of its boards, commissions, departments, agencies, and courts which are contributing members of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Eradication zone: means any area or areas of the state, designated by the commissioner, where boll weevil eradication programs will be undertaken. See Louisiana Revised Statutes 3:1603
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established catalog price: means the price included in a catalog, price list, schedule, or other form that:

                (a) Is regularly maintained by a manufacturer or contractor. See Louisiana Revised Statutes 39:1556

  • Established date of operation: means the date on which the agricultural operation, including forestry activities, commenced operation. See Louisiana Revised Statutes 3:3602
  • Exception report: means an electronic communication related to an electronic claim submission of each electronic claim transaction in that submission that is not deemed an accepted claim. See Louisiana Revised Statutes 22:1831
  • Excess benefit participant: shall mean any member whose retirement benefit as determined on the basis of all qualified plans without regard to the limitations of La. See Louisiana Revised Statutes 11:1576
  • Excessive: means a rate that is likely to produce a long-term profit that is unreasonably high for the insurance provided. See Louisiana Revised Statutes 22:1452
  • Exchange company: means the person operating a program providing any opportunity or procedure for the assignment or exchange of timeshare interests among owners and purchasers in the same or other timeshare plans. See Louisiana Revised Statutes 9:1131.2
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • expansion project: means a project or projects for the acquisition, construction, installation, and equipping of additions or improvements to the Ernest N. See Louisiana Revised Statutes 33:4710.24
  • Expenses: means that portion of a rate attributable to acquisition, field supervision, collection expenses, general expenses, taxes, licenses, and fees and does not include loss adjustment expenses. See Louisiana Revised Statutes 22:1452
  • Explanation of benefits: means any written communication clearly identified as issued by the health insurance issuer or its agent that contains information regarding coverage, payment, or other information regarding current status of a claim submitted to the health insurance issuer or its agent. See Louisiana Revised Statutes 22:1872
  • Facility-based physician: means a physician licensed to practice medicine who is required by the base health facility to provide services in a base health care facility as an anesthesiologist, hospitalist, intensivist, neonatologist, pathologist, radiologist, emergency room physician, or other on-call physician who is required by the base health care to provide covered health care services related to an emergency medical condition as defined in La. See Louisiana Revised Statutes 22:1872
  • 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 market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family child care provider: means an individual who provides child care services for fewer than twenty-four hours per day per child, as the sole caregiver, for six or fewer children, in a private residence. See Louisiana Revised Statutes 17:407.62
  • Family violence: includes but is not limited to physical or sexual abuse and any offense against the person as defined in the Criminal Code of Louisiana, except negligent injuring and defamation, committed by one parent against the other parent or against any of the children. See Louisiana Revised Statutes 9:362
  • Farm-raised catfish: means a catfish that has been specifically produced in fresh water according to the usual and customary techniques of commercial aquaculture and includes fillets, steaks, nuggets, and any other flesh from a "farm-raised catfish". See Louisiana Revised Statutes 3:4733
  • FDIC: means the Federal Deposit Insurance Corporation, and includes any successor to the corporation or other agency or instrumentality of the United States which may undertake to discharge the purposes of the corporation. See Louisiana Revised Statutes 6:381
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal government: means any department, agency, or instrumentality, corporate or otherwise, of the United States of America. See Louisiana Revised Statutes 33:4720.181
  • Federal government: means any department, agency, or instrumentality, corporate or otherwise, of the United States of America. See Louisiana Revised Statutes 33:4720.301
  • Federal government: means any department, agency, or instrumentality, corporate or otherwise, of the United States of America. See Louisiana Revised Statutes 33:4720.151
  • 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
  • fertilization: means the fusion of a human spermatozoon with a human ovum. See Louisiana Revised Statutes 14:87.1
  • Fetal body part: means a cell, tissue, organ, or other part of an unborn child who is aborted by an induced abortion. See Louisiana Revised Statutes 14:87.1
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means any person, firm, partnership, association, or state bank, including a usufructuary, who or which occupies a position of peculiar confidence toward any person, firm, association, partnership, trust, or estate. See Louisiana Revised Statutes 6:201
  • Fiscal year: means the period beginning July first of any year and ending June thirtieth of the next succeeding year. See Louisiana Revised Statutes 11:403
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Food service establishment: means a restaurant, cafeteria, lunch room, food stand, saloon, tavern, bar, lounge, or other similar facility operated as an enterprise engaged in the business of selling food to the public. See Louisiana Revised Statutes 3:4733
  • food service establishment: has the meaning set forth in La. See Louisiana Revised Statutes 33:4710.24
  • Forest land: means any land in the state devoted to the growing of trees or the commercial production of timber, wood, or forest products that is located outside the corporate limits of any municipality. See Louisiana Revised Statutes 3:3622
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Full-time: shall mean employment on a permanent, regularly scheduled basis for at least an average of thirty hours per week. See Louisiana Revised Statutes 11:2213
  • Fund: means the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
  • 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
  • Gestational age: means the age of the unborn child as measured by the time elapsed since the first day of the last menstrual period as determined by a physician and confirmed through the use of an ultrasound test of a quality generally used in existing medical practice. See Louisiana Revised Statutes 14:87.1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governmental action: means annexation of territory by a governmental entity and the issuance of  a rule, regulation, policy, or guideline promulgated for or by any governmental entity, or an order or other legally binding directive having the force of law or capable of being enforced by government. See Louisiana Revised Statutes 3:3602
  • Governmental action: means annexation of territory by a governmental entity or the issuance of a rule, regulation, policy, or guideline promulgated for or by any governmental entity, or an order or other legally binding directive having the force of law or capable of being enforced by government which prohibits or limits the right of an owner to conduct forestry activities on forestry land. See Louisiana Revised Statutes 3:3622
  • Governmental body: means any department, office, division, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch of state government. See Louisiana Revised Statutes 39:1556
  • Governmental entity: means :

    (a)  A board, authority, commission, department, office, or agency of the state government. See Louisiana Revised Statutes 3:3602

  • Governmental entity: means :

    (a)  A board, authority, commission, department, office, or agency of the state government. See Louisiana Revised Statutes 3:3622

  • Governmental entity: means any governmental unit which is not included in the definition of "governmental body" in this Section. See Louisiana Revised Statutes 39:1556
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grant: means the furnishing by the state of assistance, whether financial or otherwise, to any person to support a program authorized by law. See Louisiana Revised Statutes 39:1556
  • Grantor: The person who establishes a trust and places property into it.
  • Gross income: means :

                (a) The income from any source, including but not limited to salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, recurring monetary gifts, annuities, capital gains, social security benefits, workers' compensation benefits, basic and variable allowances for housing and subsistence from military pay and benefits, unemployment insurance benefits, disaster unemployment assistance received from the United States Department of Labor, disability insurance benefits, and spousal support received from a preexisting spousal support obligation;

                (b) Expense reimbursement or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business, if the reimbursements or payments are significant and reduce the parent's personal living expenses. See Louisiana Revised Statutes 9:315

  • Ground shells: means a material obtained by grinding the shells of mollusks. See Louisiana Revised Statutes 3:1430.2
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Handler: shall mean any person handling sweet potatoes in the primary channels of trade. See Louisiana Revised Statutes 3:1742
  • Health care clearinghouse: means a public or private entity that does  either of the following:

    (a)  Processes or facilitates the processing of information from another entity in a nonstandard format or containing nonstandard data content into standard data elements or a standard transaction. See Louisiana Revised Statutes 22:1831

  • Health care facility: means a facility or institution providing health care services including but not limited to a hospital or other licensed inpatient center, ambulatory surgical or treatment center, skilled nursing facility, inpatient hospice facility, residential treatment center, diagnostic, laboratory, or imaging center, or rehabilitation or other therapeutic health setting. See Louisiana Revised Statutes 22:1872
  • Health care professional: means a physician or other health care practitioner licensed, certified, or registered to perform specified health care services consistent with state law. See Louisiana Revised Statutes 22:1872
  • Health care provider: means a hospital, a person, corporation, facility, or institution licensed by the state to provide health care or professional services as a physician, hospital, dentist, registered or licensed practical nurse, pharmacist, optometrist, podiatrist, chiropractor, physical therapist, occupational therapist, psychologist, graduate social worker or licensed clinical social worker, psychiatrist, or licensed professional counselor, and any officer, employee, or agent thereby acting in the course and scope of his employment. See Louisiana Revised Statutes 23:1021
  • Health care services: means 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 22:1831
  • Health care services: means 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 22:1872
  • Health insurance coverage: means benefits consisting of prescription drugs, other products and supplies, and pharmacist services provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as prescription drugs, other products and supplies, and pharmacist services under any hospital or medical service policy or certificate, hospital or medical service plan contract, preferred provider organization agreement, or health maintenance organization contract offered by a health insurance issuer. See Louisiana Revised Statutes 22:1852
  • Health insurance coverage: means benefits consisting of medical care provided or arranged for directly, through insurance or reimbursement, or otherwise, and includes health care services paid for under any plan, policy, or certificate of insurance. See Louisiana Revised Statutes 22:1872
  • Health insurance issuer: means an insurance company, including a health maintenance organization as defined and licensed pursuant to Subpart I of Part I of Chapter 2 of this Title, unless preempted as an employee benefit plan under the Employee Retirement Income Security Act of 1974. See Louisiana Revised Statutes 22:1852
  • Health insurance issuer: means any entity that offers health insurance coverage through a policy or certificate of insurance subject to state law that regulates the business of insurance. See Louisiana Revised Statutes 22:1872
  • Health insurance issuer liability: means the contractual liability of a health insurance issuer for covered health care services pursuant to the plan or policy provisions between the enrollee or insured and the health insurance issuer. See Louisiana Revised Statutes 22:1831
  • Health insurance issuer liability: means the contractual liability of a health insurance issuer for covered health care services pursuant to the plan or policy provisions between the enrollee or insured and the health insurance issuer. See Louisiana Revised Statutes 22:1872
  • Health insurance premiums: means the actual amount paid by a party for providing health insurance on behalf of the child. See Louisiana Revised Statutes 9:315
  • 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.
  • HIPPY: means the Home Instruction Program for Preschool Youngsters. See Louisiana Revised Statutes 17:407.1
  • Home state: shall mean the District of Columbia or any state or territory of the United States in which an insurance producer maintains a principal place of residence or principal place of business and is licensed to act as an insurance producer. See Louisiana Revised Statutes 22:1542
  • Host: means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. See Louisiana Revised Statutes 3:1603
  • hotel: as used in this Chapter means and includes any establishment that is engaged in the business of furnishing or providing rooms intended or designed for dwelling, lodging, or sleeping purposes to transient guests and that consists of ten or more guest rooms. See Louisiana Revised Statutes 33:4710.15
  • immovable property: means any and all right, title, and interest in a tract of land, including its component parts and liens by way of judgment, mortgage, or otherwise. See Louisiana Revised Statutes 33:4720.181
  • immovable property: means any and all right, title, and interest in a tract of land, including its component parts and liens by way of judgment, mortgage, or otherwise. See Louisiana Revised Statutes 33:4720.301
  • immovable property: means any and all right, title, and interest in a tract of land, including its component parts and liens by way of judgment, mortgage, or otherwise. See Louisiana Revised Statutes 33:4720.151
  • Improvement: means the acquisition, construction, installation, or maintenance of any corporeal property with an estimated useful life of five years or more that is reasonably related to the enhancement of tourism. See Louisiana Revised Statutes 33:4600.3
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • in writing: means the product of any method of forming characters on paper, other materials, or viewable screen, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. See Louisiana Revised Statutes 39:1556
  • In-home provider: means an individual who provides child care services in the child or children's own home. See Louisiana Revised Statutes 17:407.62
  • Inadequate: means a rate which is unreasonably low for the insurance provided and either the continued use of which endangers the solvency of the insurer using it or will have the effect of substantially lessening competition or creating a monopoly in any market. See Louisiana Revised Statutes 22:1452
  • Income: means :

                (a) Actual gross income of a party, if the party is employed to full capacity; or

                (b) Potential income of a party, if the party is voluntarily unemployed or underemployed. See Louisiana Revised Statutes 9:315

  • 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
  • Independent contractor: means any person who renders service, other than manual labor, for a specified recompense for a specified result either as a unit or as a whole, under the control of his principal as to results of his work only, and not as to the means by which such result is accomplished, and are expressly excluded from the provisions of this Chapter unless a substantial part of the work time of an independent contractor is spent in manual labor by him in carrying out the terms of the contract, in which case the independent contractor is expressly covered by the provisions of this Chapter. See Louisiana Revised Statutes 23:1021
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • induced abortion: means the performance of any act with the intent to terminate a clinically diagnosable pregnancy with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child by one or more of the following means:

                (i) Administering, prescribing, or providing any abortion-inducing drug, potion, medicine, or any other substance, device, or means to a pregnant female. See Louisiana Revised Statutes 14:87.1

  • Infant: means the offspring of human parents from the moment of live birth, regardless of the duration of gestation in the womb prior to live birth. See Louisiana Revised Statutes 14:87.1
  • Infested: means actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists. See Louisiana Revised Statutes 3:1603
  • Injunction: means a temporary restraining order or a preliminary or a permanent court ordered injunction, as defined in the Code of Civil Procedure, which prohibits the violent parent from in any way contacting the abused parent or the children except for specific purposes set forth in the injunction, which shall be limited to communications expressly dealing with the education, health, and welfare of the children, or for any other purpose expressly agreed to by the abused parent. See Louisiana Revised Statutes 9:362
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvency: means that the assets of a state bank are insufficient to satisfy its obligations to its creditors and depositors. See Louisiana Revised Statutes 6:201
  • Insurance: shall mean any of the lines of authority as specified in La. See Louisiana Revised Statutes 22:1542
  • insured: means an individual who is enrolled or insured by a health insurance issuer for health insurance coverage. See Louisiana Revised Statutes 22:1831
  • insured: means an individual who is enrolled or insured by a health insurance issuer for health insurance coverage. See Louisiana Revised Statutes 22:1852
  • insured: means a person who is enrolled in or insured by a health insurance issuer for health insurance coverage. See Louisiana Revised Statutes 22:1872
  • Insurers: means insurance companies and group self-insurance associations, by whatever names. See Louisiana Revised Statutes 23:1176
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Invitation for bids: means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in La. See Louisiana Revised Statutes 39:1556
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Issued shares: means outstanding shares. See Louisiana Revised Statutes 6:201
  • issuer: means any entity that offers health insurance coverage through a policy, contract,  or certificate of insurance subject to state law that regulates the business of insurance. See Louisiana Revised Statutes 22:1831
  • Jobber: means a person who buys or sells agricultural liming materials in this state for another person and who is paid commissions for his services. See Louisiana Revised Statutes 3:1430.2
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint underwriting: means an arrangement established to provide insurance coverage for a risk, pursuant to which two or more insurers contract with the insured for a price and policy terms agreed upon between or among the insurers. See Louisiana Revised Statutes 22:1452
  • Jurisprudence: The study of law and the structure of the legal system.
  • Label: means any written or printed matter on or attached to a package of materials or an invoice for a shipment of bulk materials. See Louisiana Revised Statutes 3:1430.2
  • Label: means a display of written, printed, or graphic matter upon or affixed to the container or wrapper in which catfish, catfish products, siluriformes, or siluriforme products are offered for direct retail sale. See Louisiana Revised Statutes 3:4733
  • Labeling: means all labels and other written, printed, or graphic matter upon a catfish, catfish product, siluriforme, or siluriforme product or any of its containers or wrappers, offered for direct retail sale. See Louisiana Revised Statutes 3:4733
  • Late term abortion: means the performance of an abortion when the gestational age of the unborn child is fifteen weeks or more. See Louisiana Revised Statutes 14:87.1
  • Law clerk: Assist judges with research and drafting of opinions.
  • Lease timeshare interest: means an interest in which a person receives the right to use or occupy, however evidenced or documented, immovable property for a period of time or intervals of time which can be less than a full year during each year, over a period of more than three years. See Louisiana Revised Statutes 9:1131.2
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • License: means any license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority for any of the following:

    (a)  To engage in a profession, occupation, business, or industry. See Louisiana Revised Statutes 9:315.31

  • License: means any license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority for any of the following:

    (a)  To engage in a profession, occupation, business, or industry. See Louisiana Revised Statutes 9:315.40

  • License: shall mean a document issued by this state's commissioner of insurance authorizing a person to act as an insurance producer for the lines of authority specified in the document. See Louisiana Revised Statutes 22:1542
  • License type: means the type of license applied for or held, which shall include Type I, Type II, and Type III. See Louisiana Revised Statutes 17:407.33
  • Licensed mental health professional: as used in this Chapter means a person who possesses at least a master's degree and who is licensed in counseling, social work, psychology, marriage and family counseling, or exempt from licensing requirements pursuant to La. See Louisiana Revised Statutes 9:331
  • Licensee: means any individual holding a license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority to engage in any activity specified in Paragraph (6) hereof. See Louisiana Revised Statutes 9:315.31
  • Licensee: means any individual holding a license, certificate, registration, permit, approval, or other similar document evidencing admission to or granting authority to engage in any activity specified in Paragraph (4) of this Section. See Louisiana Revised Statutes 9:315.40
  • Licensing authority: means any state board, commission, department, agency, officer, or other entity which issues, authorizes, or otherwise regulates licenses as defined in Paragraph (4) of this Section. See Louisiana Revised Statutes 9:315.40
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited line credit insurance: includes credit life, as defined in La. See Louisiana Revised Statutes 22:1542
  • Limited line credit insurance producer: shall mean an insurance producer who sells, solicits, or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, group, or individual policy. See Louisiana Revised Statutes 22:1542
  • Limited lines producer: shall mean an insurance producer authorized by the commissioner of insurance to sell, solicit, or negotiate limited lines insurance. See Louisiana Revised Statutes 22:1542
  • Line of insurance: means those lines identified in this Title or as otherwise specified by the commissioner. See Louisiana Revised Statutes 22:1452
  • Lineal descendant: Direct descendant of the same ancestors.
  • live born human being: means a member of the species homo sapiens that is expelled or extracted from its mother, at any stage of development, who after that expulsion or extraction breathes or shows signs of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion. See Louisiana Revised Statutes 14:87.1
  • livestock: means any animal bred, kept, maintained, raised, or used for show, profit, or for the purpose of selling or otherwise producing crops, animals, or plant or animal products for market. See Louisiana Revised Statutes 3:2651
  • Livestock: means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation of any such animal. See Louisiana Revised Statutes 3:2802
  • Local early learning enrollment coordinator: means an approved entity that conducts a process for informing families about publicly funded and Type III licensed early childhood care and education programs in the coverage area; collects family preferences; develops and uses a common application process; annually determines demand for publicly funded early childhood care and education within the coverage area; and makes recommendations to the department for the distribution of available publicly funded early childhood care and education slots for children who are economically disadvantaged as defined by the state board within its coverage area. See Louisiana Revised Statutes 17:407.91
  • Lot: means the quantity of materials from which a sample has been taken and which the sample represents. See Louisiana Revised Statutes 3:1430.2
  • Major repairs: means those repairs payable with funds appropriated in the general appropriations act, except those funds transferred from the operating budget of one governmental body to supplement and complete a project under contract by the division of administration facility planning and control section. See Louisiana Revised Statutes 39:1556
  • Management plan: means a plan adopted or amended pursuant to this Chapter for the development, redevelopment, maintenance, operation, and promotion of a tourism recovery and improvement district. See Louisiana Revised Statutes 33:4600.3
  • Manager of livestock: means any person other than an owner of livestock having the care and control of livestock. See Louisiana Revised Statutes 3:2802
  • Managing entity: means an entity with the duty to manage and operate the timeshare plan and/or the timeshare property. See Louisiana Revised Statutes 9:1131.2
  • Manufacturer: means a person who produces agricultural liming materials which are sold, offered for sale, or distributed in this state. See Louisiana Revised Statutes 3:1430.2
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Market: means the interaction between buyers and sellers in the procurement of a line of insurance pursuant to the provisions of this Subpart. See Louisiana Revised Statutes 22:1452
  • Marl: means a granular or loosely consolidated earthy material composed primarily of seashell fragments and calcium carbonate. See Louisiana Revised Statutes 3:1430.2
  • materials: means solid or liquid materials which contain calcium or magnesium and which are sold, offered for sale, or distributed for use in neutralizing acidity in agricultural soils. See Louisiana Revised Statutes 3:1430.2
  • Maximum Allowable Cost List: means a listing of the National Drug Code used by a pharmacy benefit manager setting the maximum allowable cost on which reimbursement to a pharmacy or pharmacist may be based. See Louisiana Revised Statutes 22:1863
  • Maximum benefit: shall mean the retirement benefit a member is entitled to receive from the pension plan set forth in Part III of this Chapter in any month after giving effect to La. See Louisiana Revised Statutes 11:1576
  • Medical board: shall mean the State Medical Disability Board. See Louisiana Revised Statutes 11:2213
  • Medical support: means health insurance and the payment of the medical expenses of the child. See Louisiana Revised Statutes 9:315
  • Medically futile: means that, in reasonable medical judgment as certified by two physicians, the unborn child has a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth. See Louisiana Revised Statutes 14:87.1
  • Meeting: means the cost containment meeting approved by the office of worker's compensation. See Louisiana Revised Statutes 23:1176
  • Member: shall include any employee, as defined in Paragraph (10) of this Section, included in the membership of this system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:1581
  • Member: shall include any employee, as defined in Paragraph (11) of this Section, included in the membership of this system as provided in La. See Louisiana Revised Statutes 11:2213
  • Member: means any person included in the membership of the system. See Louisiana Revised Statutes 11:403
  • Membership service: shall mean service as an employee or elected official while a member of this system. See Louisiana Revised Statutes 11:2213
  • Menu: means any listing of food and beverage options for a diner or customer to select from regardless of its form. See Louisiana Revised Statutes 3:4733
  • Minor child: means a child who is less than the age of eighteen years or who has a physical or mental disability, regardless of age, who is the issue of a marriage of the member or former member, the legally adopted child of a member or former member, the natural child of a female member or former member, or the child of a male member or former member if a court of competent jurisdiction has, during the lifetime of such male member or former member, issued an order of filiation declaring the paternity of such male member for the child. See Louisiana Revised Statutes 11:1503
  • Minor child: means an unmarried child under the age of eighteen years or an unmarried student under the age of twenty-three years who is the issue of a marriage of a member of this system, the legally adopted child of a member of this system, a child born outside of marriage of a female member of this system, or the child of a male member of this system if acknowledged or filiated pursuant to the provisions of the Civil Code. See Louisiana Revised Statutes 11:403
  • Monthly average final compensation: means the average of a member's monthly salary during the highest compensated sixty consecutive months or successive joined months if service was interrupted. See Louisiana Revised Statutes 11:1503
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • mother: means a female human being, whether or not she has reached the age of majority. See Louisiana Revised Statutes 14:87.1
  • Move: means to ship, offer for shipment, deposit for transmission by mail, receive for transportation, carry, or otherwise transport, move or allow to be moved. See Louisiana Revised Statutes 3:1603
  • NAIC: shall mean the National Association of Insurance Commissioners or its successor. See Louisiana Revised Statutes 22:1542
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • NDC: means the National Drug Code, a numerical identifier assigned to all prescription drugs. See Louisiana Revised Statutes 22:1863
  • Negotiate: shall mean to confer directly with or to offer advice directly to a purchaser, certificate holder, or enrollee, or prospective purchaser, certificate holder, or enrollee, of a particular contract of insurance, including certificates, riders, endorsements, or amendments, concerning any of the benefits, terms, or conditions of the contract if the person engaged in that act is an insurance producer who either sells insurance or obtains insurance from insurers for purchasers, certificate holders, or enrollees. See Louisiana Revised Statutes 22:1542
  • Negotiation: means the formulation of a contractual relationship through discussions as may be allowed under this Chapter. See Louisiana Revised Statutes 39:1556
  • Net child care costs: means the reasonable costs of child care incurred by a party due to employment or job search, minus the value of the federal income tax credit for child care. See Louisiana Revised Statutes 9:315
  • Net weight: means the weight of the commodity excluding any materials, substances, or items not considered to be part of the commodity. See Louisiana Revised Statutes 3:4602
  • network: means an entity, including but not limited to a preferred provider organization as defined in La. See Louisiana Revised Statutes 22:1831
  • network: means an entity other than a health insurance issuer that, through contracts with health care providers, provides or arranges for access by groups of enrollees or insureds to health care services by health care providers who are not otherwise or individually contracted directly with a health insurance issuer. See Louisiana Revised Statutes 22:1872
  • 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.
  • Noncommercial cotton: means any cotton intended for purposes other than processing, including but not limited to cotton planted for ornamental purposes and volunteer cotton. See Louisiana Revised Statutes 3:1603
  • Nonelectronic claim: means a claim submitted by a health care provider or its agent to a health insurance issuer or its agent using a HCFA 1500 form or a Uniform Billing Form 92 (UB92), as appropriate, or a successor to either of these forms adopted by the National Uniform Billing Committee or its successor. See Louisiana Revised Statutes 22:1831
  • Nonpayment of premium: means failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums on a policy, or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit. See Louisiana Revised Statutes 22:1266
  • Oath: A promise to tell the truth.
  • Obligee: means any person to whom an award of child support is owed and may include the department. See Louisiana Revised Statutes 9:315.31
  • Obligor: means any individual legally obligated to support a child or children pursuant to an order of support. See Louisiana Revised Statutes 9:315.31
  • Obligor: means any individual legally obligated to support a child or children pursuant to an order of support. See Louisiana Revised Statutes 9:315.40
  • Office: means the office of workers' compensation administration established pursuant to La. See Louisiana Revised Statutes 23:1021
  • Office: means the office of state fire marshal. See Louisiana Revised Statutes 17:407.62
  • Order: means any custody or visitation judgment, decree, or order issued by a court of competent jurisdiction in this state or any judgment of another state which has been made executory in this state. See Louisiana Revised Statutes 9:359.1
  • Order of support: means any judgment or order for the support of dependent children issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review. See Louisiana Revised Statutes 9:315.31
  • Order of support: means any judgment or order for the support of dependent children issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review. See Louisiana Revised Statutes 9:315.40
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • Owner: means a person owning an interest in forest land at the time a governmental action becomes effective as to the forest land in which the owner owns an interest. See Louisiana Revised Statutes 3:3622
  • Owner: means any person who owns or is a co-owner of a timeshare interest. See Louisiana Revised Statutes 9:1131.2
  • Owner of livestock: means any person owning livestock. See Louisiana Revised Statutes 3:2802
  • Owner operator: means a person who provides trucking transportation services under written contract to a common carrier, contract carrier, or exempt haulers which transportation services include the lease of equipment or a driver to the common carrier, contract carrier, or exempt hauler. See Louisiana Revised Statutes 23:1021
  • Owners of a property interest: means anyone with a corporeal or incorporeal interest in immovable property filed for record in the conveyance records or mortgage records of the clerk of court and ex officio recorder of mortgages for the parish of Iberia where the property is located, including a naked owner, a usufructuary, a mortgagee, a judgment creditor, or a holder of a personal or predial servitude. See Louisiana Revised Statutes 33:4720.181
  • Owners of a property interest: means anyone with a corporeal or incorporeal interest in immovable property filed for record in the conveyance records or mortgage records of the clerk of court and ex officio recorder of mortgages for the parish where the property is located, including a naked owner, a usufructuary, a mortgagee, a judgment creditor, or a holder of a personal or predial servitude. See Louisiana Revised Statutes 33:4720.301
  • Owners of a property interest: means anyone with a corporeal or incorporeal interest in immovable property filed for record in the conveyance records or mortgage records of the clerk of court and ex officio recorder of mortgages for the parish where the property is located, including a naked owner, a usufructuary, a mortgagee, a judgment creditor, or a holder of a personal or predial servitude. See Louisiana Revised Statutes 33:4720.151
  • Ownership timeshare interest: means an interest in which a person receives the right to use or occupy, however evidenced or documented, immovable property for a period of less than a full year during each year, over a period of more than three years, coupled with an ownership interest in immovable property. See Louisiana Revised Statutes 9:1131.2
  • Package: means any commodity packed or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale. See Louisiana Revised Statutes 3:4602
  • Paid: means the transfer by the health insurance issuer or its agent of the amount of the health insurance issuer liability on either of the following dates:

    (a)  The date of mailing of a check via the United States Postal Service or a commercial carrier to the correct address. See Louisiana Revised Statutes 22:1831

  • Part-time employee: means any employee who is a part-time, seasonal, or temporary employee as defined in 26 CFR 31:3121(b)(7)-2, or in any successor regulations. See Louisiana Revised Statutes 11:403
  • Part-time employee: means an employee who as a condition of his hiring knowingly accepts employment that (a) customarily provides for less than forty hours per work week, and (b) that is classified by the employer as a part-time position. See Louisiana Revised Statutes 23:1021
  • Partial birth abortion: means an abortion in which:

                (a) The person performing the abortion deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus. See Louisiana Revised Statutes 14:87.1

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • past due child support: means the amount of a delinquency determined under a court order under state law for support and maintenance of a child. See Louisiana Revised Statutes 9:315.26
  • past due spousal support: means the amount of a delinquency determined under a court order under state law for support and maintenance of a spouse. See Louisiana Revised Statutes 9:325
  • Payor: means the entity responsible, whether by law or contract, for the payment of benefits incurred by a claimant as a result of a work related injury. See Louisiana Revised Statutes 23:1021
  • Performance-based energy efficiency contract: means a contract for energy efficiency services and equipment in which the payment obligation for each year of the contract is either:

                (a) Set as a percentage of the annual energy cost savings attributable to the services or equipment under the contract. See Louisiana Revised Statutes 39:1556

  • Permit: means a document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing. See Louisiana Revised Statutes 3:1603
  • Person: means any individual, firm, company, corporation, partnership, society, association, governmental agency, political subdivision, public entity, or any other entity created by federal or state law or recognized by Louisiana law. See Louisiana Revised Statutes 3:3391.3
  • Person: means any individual, partnership, corporation, association or other legal entity. See Louisiana Revised Statutes 3:3602
  • Person: means both plural and singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies, and associations

                (14)(a) Except as provided in Subparagraph (b) of this Paragraph, "petroleum product" means any refined hydrocarbon mixture including motor oil, kerosene, gasoline, gasohol, diesel fuel, aviation fuel, heating kerosene, and any blend of two or more refined hydrocarbon mixtures except liquefied petroleum gas and natural gas. See Louisiana Revised Statutes 3:4602

  • Person: means an individual, partnership, corporation, or other legal entity. See Louisiana Revised Statutes 9:1131.2
  • Person: means any individual, partnership, corporation, association, or other legal entity. See Louisiana Revised Statutes 3:1430.2
  • Person: includes any individual, partnership, corporation, and association, or other legal entity. See Louisiana Revised Statutes 3:4733
  • Person: shall mean any natural or artificial legal entity including but not limited to individuals, partnerships, associations, trusts, or corporations. See Louisiana Revised Statutes 22:1542
  • Person: means any business, individual, union, committee, club, or other organization or group of individuals. See Louisiana Revised Statutes 39:1556
  • Person: means any individual, firm, company, corporation, partnership, society, association, or other business or public entity. See Louisiana Revised Statutes 3:1603
  • Person: means an individual, public entity, firm, corporation, partnership, limited liability company, trust, association, or any other business entity or juridical person, whether operating on a for-profit or nonprofit basis. See Louisiana Revised Statutes 33:4600.3
  • Person: means an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • Person: as used in this Chapter shall have the same definition as that contained in La. See Louisiana Revised Statutes 33:4710.15
  • Personal property: All property that is not real property.
  • Personal risk: means homeowners, tenants, nonfleet private passenger motor vehicles, mobile homes, and other property and casualty insurance for personal, family, or household needs, including any property and casualty insurance that is otherwise intended for noncommercial coverage. See Louisiana Revised Statutes 22:1452
  • Personnel file: means the file or files which contain the cumulative collection of any and all documents maintained by the school system with respect to each individual school employee. See Louisiana Revised Statutes 17:1233
  • Personnel file custodian: means those persons employed by the school system charged with the duty of maintaining and preserving the personnel files. See Louisiana Revised Statutes 17:1233
  • petroleum product: shall include compressed natural gas, liquefied natural gas, and liquefied petroleum gas as those terms are defined in La. See Louisiana Revised Statutes 3:4602
  • pharmacies: means any appropriately licensed place within this state where prescription drugs are dispensed and pharmacist services are provided and any place outside of this state where prescription drugs are dispensed and pharmacist services are provided to residents of this state. See Louisiana Revised Statutes 22:1852
  • Pharmacist: means an individual currently licensed as a pharmacist by the Louisiana Board of Pharmacy to engage in the practice of pharmacy in this state. See Louisiana Revised Statutes 22:1852
  • Pharmacist: means a licensed pharmacist as defined in La. See Louisiana Revised Statutes 22:1863
  • Pharmacist services: means the filling and dispensing of prescription drugs or providing products and supplies, drug therapy, and other patient care services provided by a licensed pharmacist with the intent of achieving outcomes related to the cure, prevention, or management of a disease, elimination or reduction of patient's symptoms, or arresting or slowing of a disease process. See Louisiana Revised Statutes 22:1852
  • Pharmacist services: means products, goods, or services provided as a part of the practice of pharmacy as defined in La. See Louisiana Revised Statutes 22:1863
  • Pharmacy: means any appropriately licensed place where prescription drugs are dispensed as defined in La. See Louisiana Revised Statutes 22:1863
  • Pharmacy benefit manager: means an entity that administers or manages a pharmacy benefits plan or program. See Louisiana Revised Statutes 22:1863
  • Phonological processing: means the appreciation of the individual sounds of spoken and written language. See Louisiana Revised Statutes 17:392.11
  • Physician: means a person licensed to practice medicine in the state of Louisiana. See Louisiana Revised Statutes 14:87.1
  • Place of business: means a permanent location or a portion of a permanent location from which business, in a regulated profession or occupation, is transacted. See Louisiana Revised Statutes 3:1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Policy: means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state, or any binder based on such a policy, insuring a single individual or husband and wife resident of the same household, as named insured, and under which the insured vehicles therein designated are of the following types only:

                (a) A private passenger vehicle that is not used as a public or livery conveyance for passengers, nor rented to others. See Louisiana Revised Statutes 22:1266

  • Pool: means an arrangement pursuant to which two or more insurers participate in the sharing of risks on a predetermined basis. See Louisiana Revised Statutes 22:1452
  • Position: means any office or any employment in the state service. See Louisiana Revised Statutes 11:403
  • Position holder: means the person who holds the inventory position in motor fuel in a terminal as reflected on the records of the terminal operator. See Louisiana Revised Statutes 3:4602
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Pregnant: means that female reproductive condition of having a developing embryo or fetus in the uterus which commences at fertilization and implantation. See Louisiana Revised Statutes 14:87.1
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Principal residence of a child: means :

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

  • Prior service: shall mean service rendered prior to the enrollment of an employee into this retirement system, as a municipal policeman, as a member of the state police, or as a sheriff or deputy sheriff in Louisiana for which credit is not given in any other retirement system; provided that notwithstanding any provision of this Chapter that may be to the contrary, no credit whatsoever shall be given in this retirement system, whether as prior service or creditable service, for any out of state service, nor shall any credit for prior service be given to any person who becomes a member after July 31, 1976, except that any person employed by any municipality and is required to pay social security contributions for such employment by the United States Department of Health, Education, and Welfare shall receive prior service credit provided he becomes a member of this retirement system prior to January 1, 1977. See Louisiana Revised Statutes 11:2213
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Processor: means any person engaged in handling, storing, preparing, manufacturing, packing, or holding catfish, catfish products, siluriformes, or siluriforme products. See Louisiana Revised Statutes 3:4733
  • Processor: shall mean any person, partnership, association, or corporation engaged in the canning, freezing, or dehydrating of sweet potatoes. See Louisiana Revised Statutes 3:1742
  • Procurement: means the buying, purchasing, renting, leasing, or otherwise obtaining any supplies, services, or major repairs. See Louisiana Revised Statutes 39:1556
  • Procurement officer: means any person authorized by a governmental body, in accordance with procedures prescribed by regulations, to enter into and administer contracts and make written determinations and findings with respect thereto. See Louisiana Revised Statutes 39:1556
  • producer: shall mean a person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance, and includes all persons or business entities otherwise referred to in this Code as "insurance agent" or "agent" or "insurance broker" or "broker" or "insurance solicitor" or "solicitor" or "surplus lines broker". See Louisiana Revised Statutes 22:1542
  • Professional service: means work rendered by an independent contractor who has a professed knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, which independent contractor shall include but not be limited to lawyers, doctors, dentists, psychologists, certified advanced practice nurses, veterinarians, architects, engineers, land surveyors, landscape architects, accountants, actuaries, and claims adjusters. See Louisiana Revised Statutes 39:1556
  • Program: means the occupational safety and health program approved by the OSHA section pursuant to La. See Louisiana Revised Statutes 23:1176
  • Prohibited nation: means Iran, North Korea, Sudan, or Syria. See Louisiana Revised Statutes 11:312
  • Prohibits or limits: means an existent reduction of twenty percent or more of the fair market value of forest land, or any portion thereof, or property rights thereto associated with conducting forestry activities on forest land before the action. See Louisiana Revised Statutes 3:3622
  • Project: includes but is not limited to condominiums and cooperative housing corporations. See Louisiana Revised Statutes 9:1131.2
  • projects: means one or more of any combination of convention, exhibition, and tourist facilities, including a convention center hotel with a multi-story parking garage and bridge connecting the hotel and the south end of the convention center, the "Convention Center Headquarters Hotel Project" and the necessary land, acquired by lease or purchase, site improvements, infrastructure, furnishings, machinery, equipment, and appurtenances for any such facility. See Louisiana Revised Statutes 33:4710.11
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prospective loss cost: means that portion of a rate that does not include provisions for expenses or profit and is based on historical aggregate losses adjusted through development to their ultimate value, projected through trending to a future point in time, and adjusted for other considerations expected to materially affect future loss payments. See Louisiana Revised Statutes 22:1452
  • provider: means :

    (a)  A physician or other health care practitioner licensed, certified, registered, or otherwise authorized to perform specified health care services consistent with state law. See Louisiana Revised Statutes 22:1831

  • provider: means a health care professional or a health care facility or the agent or assignee of such professional or facility. See Louisiana Revised Statutes 22:1872
  • Public body: means the state and any parish and any board, authority, agency, district, subdivision, department, or instrumentality, corporate or otherwise, of the state or any parish. See Louisiana Revised Statutes 33:4720.181
  • Public body: means the state, any parish and any city and any board, authority, agency, district, subdivision, department, or instrumentality, corporate or otherwise, of the state, parish, or city. See Louisiana Revised Statutes 33:4720.301
  • Public body: means the state and any parish and any board, authority, agency, district, subdivision, department, or instrumentality, corporate or otherwise, of the state or any parish. See Louisiana Revised Statutes 33:4720.151
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public highway: means a public way for vehicular traffic, including the entire area dedicated thereto and the bridges, culverts, structures, appurtenances and features necessary to or associated with its purpose, and refers to those highways designated in La. See Louisiana Revised Statutes 3:2802
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public schools: means the public elementary and secondary schools governed by the parish and city school boards. See Louisiana Revised Statutes 17:391.2
  • Pupil progression plan: means the comprehensive plan developed and adopted by each city and parish school board which shall be based on student performance in the state testing program with goals and objectives which are compatible with the Louisiana competency-based education program contained within La. See Louisiana Revised Statutes 17:396
  • Purchaser: means any person to whom a timeshare interest is offered or who has contracted to purchase a timeshare interest. See Louisiana Revised Statutes 9:1131.2
  • Rack: means a mechanism for delivering motor fuel from a refinery, terminal, marine vessel, or bulk plant into a transport vehicle, railroad tank car, or other means of transfer that is outside the bulk transfer/terminal system. See Louisiana Revised Statutes 3:4602
  • Rate: means that cost of insurance per exposure unit, whether expressed as a single number or as a prospective loss cost, with an adjustment to account for the treatment of loss adjustment expenses, expenses, profit, and variation in expected future loss experience, prior to any application of individual risk variations based on actual past loss or expense considerations, and does not include minimum premiums. See Louisiana Revised Statutes 22:1452
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • reasonable medical judgment: means a physician's use of reasonable care and diligence, along with his best judgment, in the application of his skill. See Louisiana Revised Statutes 14:87.1
  • receipt: means :

    (a)  For a nonelectronic claim:

    (i)  For a claim mailed via the United States Postal Service for which no return receipt is requested, the physical receipt of the claim by the health insurance issuer or its agent designated for the receipt of claims at the correct claims address, as documented in accordance with claims filing procedures filed by the health insurance issuer with the department. See Louisiana Revised Statutes 22:1831

  • Receiver: means the person liquidating a state bank pursuant to Part II of this Subchapter. See Louisiana Revised Statutes 6:381
  • Receivership court: means the district court for the parish in which the state bank is domiciled. See Louisiana Revised Statutes 6:381
  • Recess: A temporary interruption of the legislative business.
  • 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
  • Refund: means the withdrawal of all accumulated contributions at least thirty days after termination from the state service, or with respect to members having the option of belonging to the system, withdrawal of all accumulated contributions at least thirty days after receipt by the system of written notice of withdrawal. See Louisiana Revised Statutes 11:403
  • Regular interest: shall mean interest compounded annually at such a rate as shall be determined by the board of trustees in accordance with La. See Louisiana Revised Statutes 11:1581
  • Regulated article: means any infested material. See Louisiana Revised Statutes 3:3391.3
  • Regulated article: means any article of any character carrying or capable of carrying the boll weevil, including but not limited to cotton plants, seed cotton, cottonseed, other hosts, gin trash, gin equipment, mechanical cotton pickers, and other equipment associated with cotton production, harvesting, or processing. See Louisiana Revised Statutes 3:1603
  • related: means the child, grandchild, niece, or nephew of the primary child care provider of a family child care provider or in-home provider. See Louisiana Revised Statutes 17:407.62
  • relative: means a natural or adopted child or grandchild of the caregiver or a child in the legal custody of the caregiver. See Louisiana Revised Statutes 17:407.33
  • Relocation: means a change in the principal residence of a child for a period of sixty days or more, but does not include a temporary absence from the principal residence. See Louisiana Revised Statutes 9:355.1
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remedial program: means a program to assist students to overcome educational deficits identified as a result of the state's testing program. See Louisiana Revised Statutes 17:396
  • Remittance advice: means a written or electronic communication explaining the issuer's action on each claim adjudicated by the issuer. See Louisiana Revised Statutes 22:1831
  • Remittance advice: means a written or electronic communication explaining the health insurance issuer's action on each claim adjudicated by the issuer. See Louisiana Revised Statutes 22:1852
  • 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).
  • Request for proposals: means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in this Chapter. See Louisiana Revised Statutes 39:1556
  • 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.
  • Residual market mechanism: means an arrangement, either voluntary or mandated by law, involving participation by insurers in the equitable apportionment of risks among insurers for insurance which may be afforded applicants who are unable to obtain insurance through ordinary methods. See Louisiana Revised Statutes 22:1452
  • Retailer: means a person who sells agricultural liming materials to consumers in this state. See Louisiana Revised Statutes 3:1430.2
  • Retailer: means any person offering for sale catfish, catfish products, siluriformes, or siluriforme products to individual consumers and representing the last sale prior to human consumption and includes food service establishments unless otherwise stated herein. See Louisiana Revised Statutes 3:4733
  • Retained earnings: means the accumulated net income of the mutual state bank since its organization less all distributions to its members. See Louisiana Revised Statutes 6:201
  • Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:1581
  • Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:2213
  • Retirement: means termination of active service, with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:403
  • Retirement allowance: shall mean the sum of the "annuity" and the "employers' annuity" or any optional benefit payable in lieu thereof. See Louisiana Revised Statutes 11:1581
  • Retirement allowance: shall mean any benefit paid to a member under La. See Louisiana Revised Statutes 11:2213
  • Retirement System: shall mean the District Attorneys' Retirement System as defined in La. See Louisiana Revised Statutes 11:1581
  • Reverse auction: means a competitive online solicitation process on the internet for materials, supplies, services, products, equipment, or consulting services in which vendors compete against each other online in real time in an open and interactive environment. See Louisiana Revised Statutes 39:1556
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • River or lake catfish: means a catfish that has been produced in a freshwater lake, river, or stream but has not been produced according to the usual and customary techniques of commercial aquaculture. See Louisiana Revised Statutes 3:4733
  • Rural hospital: shall mean either:

    (a)  A hospital with sixty or fewer beds located in either:

    (i)  A parish with a population of less than fifty thousand according to the most recent federal decennial census. See Louisiana Revised Statutes 22:1831

  • Salary: means the full rate of regular compensation paid to a member for the performance of his official duties, but shall not include bonuses, payment for accrued vacation, annual or sick leave, payment for overtime, terminal pay, severance pay, deferred salary, or any other type of irregular or nonrecurring payment. See Louisiana Revised Statutes 11:1503
  • School board: means a parish or city school board. See Louisiana Revised Statutes 17:391.2
  • School district: means the area of each parish or municipality under the jurisdiction of a school board. See Louisiana Revised Statutes 17:391.2
  • School personnel: means the teachers, librarians, counselors, administrators, and other professional personnel of the public schools of the state including members of the professional staff of the state Department of Education. See Louisiana Revised Statutes 17:391.2
  • School system: means a parish or city school system. See Louisiana Revised Statutes 17:1233
  • Seafood products: shall include any type of species caught in privately owned waters or public waters, including streams or lakes, or any final derivative resulting from a combination or breakdown of raw seafood products. See Louisiana Revised Statutes 3:4712
  • Secretary: means the secretary of the commission. See Louisiana Revised Statutes 23:1
  • Sell: shall mean to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer. See Louisiana Revised Statutes 22:1542
  • Service: shall mean service rendered as an employee as described in Paragraph (10) of this Section. See Louisiana Revised Statutes 11:1581
  • Service: shall mean service rendered as an employee as described in Paragraph (11) of this Section. See Louisiana Revised Statutes 11:2213
  • Services: means the furnishing of labor, time, or effort by a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. See Louisiana Revised Statutes 39:1556
  • Sexual abuse: includes but is not limited to acts which are prohibited by La. See Louisiana Revised Statutes 9:362
  • Shares: means the units into which the stockholders' rights to participate in the control of the state bank, in its profits, or in the distribution of corporate assets are divided. See Louisiana Revised Statutes 6:201
  • Shipment: shall be deemed to take place when the sweet potatoes are loaded within the state in a railroad car, boat, truck or other conveyance in which sweet potatoes are to be transported;

    (5)  "Commission" means the Louisiana Sweet Potato Advertising and Development Commission. See Louisiana Revised Statutes 3:1742

  • Signature: means a manual or electronic signature. See Louisiana Revised Statutes 39:1556
  • Siluriforme: means fish in the taxonomic order Siluriformes and including those within the taxonomic families Siluridae, Clariidae, and Pangasiidae and those commonly known as basa and tra. See Louisiana Revised Statutes 3:4733
  • Siluriforme product: means any item capable of use as human food which is made wholly or in part from any siluriforme or portion thereof. See Louisiana Revised Statutes 3:4733
  • sister: includes step-brothers and step-sisters, and brothers and sisters by adoption. See Louisiana Revised Statutes 23:1021
  • Social service: means work rendered by any person, firm, corporation, organization, governmental body, or governmental entity in furtherance of the general welfare of the citizens of Louisiana, including but not limited to the objectives provided for in La. See Louisiana Revised Statutes 39:1556
  • Solicit: shall mean to attempt to sell insurance or to ask or urge a person to apply for a particular kind of insurance from a particular insurer. See Louisiana Revised Statutes 22:1542
  • Special needs trust: shall mean a trust that is established for the sole benefit of a member's child who meets the definition of an individual with a disability under the federal Social Security Act, that permits such child to qualify for public benefits, including but not limited to those under the federal Social Security Act such as Supplemental Security Income and Medical Assistance, and that terminates upon the death of the child. See Louisiana Revised Statutes 11:2213
  • Sponsoring organization: means a public or nonprofit private organization that is recognized by the department and that is entirely responsible for the administration of the Child and Adult Care Food Program for a provider. See Louisiana Revised Statutes 17:407.62
  • Spouse: means a person who is legally married to a member of this system. See Louisiana Revised Statutes 11:403
  • Spread pricing: means any amount a pharmacy benefit manager charges or claims from a health plan provider or managed care organization for payment of a prescription or for pharmacy services that is different than the amount the pharmacy benefit manager paid to the pharmacist or pharmacy who filled the prescription or provided the pharmacy services. See Louisiana Revised Statutes 22:1863
  • State: means the state of Louisiana. See Louisiana Revised Statutes 11:403
  • State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:396
  • State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:407.91
  • State chief procurement officer: means the person holding the position created in La. See Louisiana Revised Statutes 39:1556
  • Statement: includes but is not limited to any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, test results, X-rays, or other evidence of loss, injury, or expense. See Louisiana Revised Statutes 23:1200.2
  • stillbirth: means the spontaneous or accidental death of an unborn child, whether the death occurred in the womb or in the process of birth. See Louisiana Revised Statutes 14:87.1
  • Stockholder: means the holder of record of one or more shares. See Louisiana Revised Statutes 6:201
  • Student: shall mean a person who satisfies both of the following:

                (a) The person is enrolled in a high school or postsecondary education institution duly accredited or approved by the appropriate state, regional, or professional accrediting agency which is recognized by the state in which it is located or by the United States Department of Education pursuant to the applicable laws, rules, or regulations. See Louisiana Revised Statutes 11:2213

  • Student: means a person enrolled in a high school, a vocational-technical school, or a college or university, in a sufficient number of courses and classes in such institution to be classified as a full-time regular student under the criteria used by the institution in which he is enrolled. See Louisiana Revised Statutes 11:403
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervised visitation: means face-to-face contact between a parent and a child which occurs in the immediate presence of a supervising person approved by the court under conditions which prevent any physical abuse, threats, intimidation, abduction, or humiliation of either the abused parent or the child. See Louisiana Revised Statutes 9:362
  • Supplementary rate information: means any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, and any other similar information needed to determine an applicable rate in effect or to be in effect. See Louisiana Revised Statutes 22:1452
  • Supplies: means all property, including but not limited to equipment, materials, insurance, and leases on immovable property excluding land or a permanent interest in land. See Louisiana Revised Statutes 39:1556
  • Supporting information: means the experience and judgment of the filer and the experience or data of other insurers or organizations relied upon by the filer, the interpretation of any statistical data relied upon by the filer, descriptions of methods used in making the rates, and other similar information relied upon by the filer. See Louisiana Revised Statutes 22:1452
  • Surcharge: means any charge to the consumer that is required to be paid for goods and services that is passed through to the consumer as a charge on the customer's receipt or guest folio. See Louisiana Revised Statutes 33:4600.3
  • Surplus: means sums contributed by stockholders in excess of the par value of shares outstanding plus any amounts transferred from undivided profits pursuant to action by the board of directors. See Louisiana Revised Statutes 6:201
  • Surplus lines broker: shall mean an insurance producer who solicits, negotiates, or procures a policy with a surplus lines insurer. See Louisiana Revised Statutes 22:1542
  • Surviving child: shall mean an unmarried person under the age of eighteen years or an unmarried student under the age of twenty-three years, if the person or student is one of the following:

                (i) The issue of a marriage of a member of this system. See Louisiana Revised Statutes 11:2213

  • Surviving spouse: means the spouse of a deceased member or former member who was married to and living with the deceased member or former member at the time of his death. See Louisiana Revised Statutes 11:1503
  • Suspension: means a temporary revocation of a license for an indefinite period of time or the denial of an application for issuance or renewal of a license. See Louisiana Revised Statutes 9:315.31
  • suspension: includes a temporary suspension of the registration, including the seizure of the vehicle license plate, trailer license plate, or a certificate of identification or registration of a motorboat or sailboat for an indefinite period of time or the denial of an application for issuance or renewal of a registration or license plate. See Louisiana Revised Statutes 9:315.40
  • Suspension: means the disqualification of a person to receive invitations for bids or requests for proposals, or the award of a contract by the state, for a temporary period pending the completion of an investigation and any legal proceedings that may ensue because a person is suspected upon probable cause of engaging in criminal, fraudulent, or seriously improper conduct or failure or inadequacy of performance which may lead to debarment. See Louisiana Revised Statutes 39:1556
  • Sweet potatoes: means all sweet potatoes of the grades as recommended by the United States Department of Agriculture and such other grades as may be promulgated by the Louisiana Sweet Potato Advertising and Development Commission;

    (2)  "Bushel" means 50 pounds of sweet potatoes whether such potatoes are in crates, sacks or other containers, or in bulk;

    (3)  "Shipper" means any person, partnership, association, or corporation, engaged in the packaging and shipping or either packaging or shipping, of sweet potatoes or transporting sweet potatoes whether as owner, agent, or otherwise;

    (4)  "Shipment" shall be deemed to take place when the sweet potatoes are loaded within the state in a railroad car, boat, truck or other conveyance in which sweet potatoes are to be transported;

    (5)  "Commission" means the Louisiana Sweet Potato Advertising and Development Commission. See Louisiana Revised Statutes 3:1742

  • System: means the Clerks' of Court Retirement and Relief Fund. See Louisiana Revised Statutes 11:1503
  • system: shall mean the Municipal Police Employees' Retirement System as established in La. See Louisiana Revised Statutes 11:2213
  • System: means the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • 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
  • 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.
  • Terminate: shall mean to cancel the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance. See Louisiana Revised Statutes 22:1542
  • Termination: means complete cessation of employment with the state. See Louisiana Revised Statutes 11:403
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Timeshare association: means a corporation owned by the timeshare interest owners and through which the timeshare interest owners manage and regulate the timeshare property. See Louisiana Revised Statutes 9:1131.2
  • Timeshare documents: means all of the documents, by whatever names denominated, and any amendments thereto, which establish the timeshare plan, create and govern the rights and relationships of owners, and govern the use and operation of the timeshare property. See Louisiana Revised Statutes 9:1131.2
  • Timeshare expenses: means any expenditures, fees, charges, or other liabilities for which an owner of a timeshare interest is liable as a result of the ownership of the timeshare interest. See Louisiana Revised Statutes 9:1131.2
  • Timeshare instrument: means the legal document or documents, by whatever names denominated, that convey a timeshare interest to a purchaser. See Louisiana Revised Statutes 9:1131.2
  • Timeshare interest: means an ownership "timeshare interest" a lease timeshare interest, a timeshare estate, and a timeshare use unless expressly provided otherwise and includes any of the following:

    (a)  A "timeshare estate" which is the right to occupy a timeshare property, coupled with present ownership or some right to future ownership in a timeshare property or a specified portion thereof. See Louisiana Revised Statutes 9:1131.2

  • Timeshare plan: means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership agreement, sale, lease, license, other act of conveyance, or right-to-use agreement or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, but not necessarily for consecutive years. See Louisiana Revised Statutes 9:1131.2
  • Timeshare property: means one or more timeshare units subject to the same timeshare plan, together with any common elements or any other immovable property, or rights therein, appurtenant to those units. See Louisiana Revised Statutes 9:1131.2
  • Timeshare unit: means a unit which is the subject of a timeshare plan. See Louisiana Revised Statutes 9:1131.2
  • to renew: means the issuance and delivery by an insurer of a policy replacing at the end of the policy period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term. See Louisiana Revised Statutes 22:1266
  • Ton: means two thousand pounds avoirdupois. See Louisiana Revised Statutes 3:1430.2
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Total voting power: means the entirety of the voting power. See Louisiana Revised Statutes 6:201
  • Tourist commission: means a political subdivision created pursuant to La. See Louisiana Revised Statutes 33:4600.3
  • Tourist commissioners: means the members of the governing body of a tourist commission. See Louisiana Revised Statutes 33:4600.3
  • Traditional farm practices: means those accepted and customary  standards established by similar agricultural operations under similar circumstances using established best management practices. See Louisiana Revised Statutes 3:3602
  • 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.
  • Travel insurance: shall mean that line of insurance defined in La. See Louisiana Revised Statutes 22:1542
  • Trending: means any procedure for projecting losses to the average date of loss, or premiums or exposures to the average date of writing, for the period during which the policies are to be effective. See Louisiana Revised Statutes 22:1452
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Undivided profits: means paid-in or accumulated net income less distributions to stockholders and transfers to capital stock or surplus. See Louisiana Revised Statutes 6:201
  • Unfairly discriminatory: means not capable of being actuarially justified or based on race, color, creed, or national origin. See Louisiana Revised Statutes 22:1452
  • Uniform application: shall mean the current version of the NAIC Uniform Application for resident and nonresident producer licensing. See Louisiana Revised Statutes 22:1542
  • Uniform Business Entity Application: shall mean the current version of the NAIC Uniform Business Entity Application for resident and nonresident business entities. See Louisiana Revised Statutes 22:1542
  • Uniform claim form: shall mean a form prescribed by rule by the department pursuant to La. See Louisiana Revised Statutes 22:1852
  • 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
  • Unit: means immovable property, or a portion thereof, designated for separate occupancy. See Louisiana Revised Statutes 9:1131.2
  • Unrestricted benefit: shall mean the monthly retirement benefit a member, or the spouse, child, or single dependent parent of a member, would have received under the terms of all qualified plans of the employer, except for the restrictions of La. See Louisiana Revised Statutes 11:1576
  • Use period: means the increments of time into which a timeshare unit or the timeshare property is divided for the purpose of allocating rights of use and occupancy to the owners. See Louisiana Revised Statutes 9:1131.2
  • Using agency: means any governmental body of the state which utilizes any supplies, services, or major repairs purchased under this Chapter. See Louisiana Revised Statutes 39:1556
  • Vehicle tank: means any vehicle tank, tank truck, tank wagon, or any other container in which gasoline, motor fuel, or any other petroleum products are transported in this state. See Louisiana Revised Statutes 3:4602
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Voting power: means the right vested by law or by the articles or the bylaws in the stockholder or in one or more classes of stockholder to vote in the determination of any particular question or matter coming before meetings of the stockholders. See Louisiana Revised Statutes 6:201
  • Voting power present: means that part of the voting power exercisable by the stockholders present in person or represented by proxy at the meeting at which the stockholders take action on a particular question or matter. See Louisiana Revised Statutes 6:201
  • Wages: means average weekly wage at the time of the accident. See Louisiana Revised Statutes 23:1021
  • Wholesaler: means any person offering for sale any catfish, catfish products, siluriformes, or siluriforme products destined for direct retail sale in Louisiana. See Louisiana Revised Statutes 3:4733
  • 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.

Louisiana Revised Statutes > Title 9 > CODE TITLE V > Chapter 1 – Disgorgement

§ 9:2790.5 Legislative intent
§ 9:2790.6 Disgorgement

Terms Used In Louisiana Revised Statutes > Title 9 > CODE TITLE V > Chapter 1 - Disgorgement

  • Adviser: means a person who, at the request of the issuer, a confirmor, or another adviser, notifies, or requests another adviser to notify, the beneficiary that a letter of credit has been issued, confirmed, or amended. See Louisiana Revised Statutes 10:5-102
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Issuer: means a financial institution or other person that issues a letter of credit, but does not include an individual who makes an engagement for personal, family, or household purposes. See Louisiana Revised Statutes 10:5-102
  • Letter of credit: means a definite undertaking that satisfies the requirements of La. See Louisiana Revised Statutes 10:5-102
  • Nominated person: means a person whom the issuer (i) designates or authorizes to pay, accept, negotiate, or otherwise give value under a letter of credit and (ii) undertakes by agreement or custom and practice to reimburse. See Louisiana Revised Statutes 10:5-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Record: means information that is inscribed on a tangible medium, or that is stored in an electronic or other medium and is retrievable in perceivable form. See Louisiana Revised Statutes 10:5-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.