Sections
Part I Mayor and Board of Aldermen 33:321 – 33:463
Part I-A Special Legislative Charter Municipalities 33:481
Part IV Amendment of Charter 33:1181 – 33:1181.1
Part V Police Jury 33:1221 – 33:1247.13
Part V-A Allen Parish Ambulance Service Districts 33:1261 – 33:1261.7
Part VII Intergovernmental Functions 33:1321 – 33:1360
Part VIII Ordinances and Laws 33:1361 – 33:1377
Part IX Adoption of Home Rule Charters 33:1395 – 33:1392
Part X Emergency Interim Local Executive Succession 33:1401 – 33:1408
Part XI Reapportionment of Parochial Government 33:1411
Part XII Abolition and Control of Entities 33:1415
Part XIII Alternative Fuel Vehicles 33:1418 – 33:1419.6
Part XIV Municipalities – Miscellaneous Provisions 33:1420.1 – 33:1420.2
Part XV Jefferson Parish Special Districts 33:1420.11 – 33:1420.19
Part XVI Special Districts-Miscellaneous Provisions 33:1420.21

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Terms Used In Louisiana Revised Statutes > Title 33 > Chapter 2 - Local Government

  • Addiction counselor: means any person who is licensed, certified, or registered in accordance with the provisions of this Chapter and procedures established by the board and who, by means of his special knowledge acquired through formal education or practical experience, is qualified to provide addiction counseling services to those individuals afflicted with or suffering from an addictive disorder or certain co-occurring disorders. See Louisiana Revised Statutes 37:3386.1
  • Addictive disorder: means the repeated pathological use of substances including but not limited to alcohol, drugs, or tobacco, or repeated pathological compulsive behaviors including but not limited to gambling, which cause physical, psychological, emotional, economic, legal, social, or other harms to the individual afflicted with the addiction or to others affected by the individual's affliction. See Louisiana Revised Statutes 37:3386.1
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrative costs: means costs incurred by the Department of Energy and Natural Resources in the administration of the program, including but not limited to:

                (a) Program startup costs. See Louisiana Revised Statutes 33:1419.2

  • Advertisement: includes all representations of fact or opinion disseminated to the public in any manner or by any means. See Louisiana Revised Statutes 40:700
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allocation: means the official determination of the class to which a position in the classified service belongs. See Louisiana Revised Statutes 33:2473
  • Alternative fuel: means a fuel which results in emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide, or particulates, or any combination of these which are comparably lower than emissions from gasoline or diesel and which meets or exceeds federal clean air standards, including but not limited to compressed natural gas, liquefied natural gas, liquefied petroleum gas, biofuel, biodiesel, methanol, ethanol, and electricity. See Louisiana Revised Statutes 33:1419.2
  • Alternative Fuel Vehicle Revolving Loan Fund: means the revolving loan fund provided for pursuant to this Subpart. See Louisiana Revised Statutes 33:1419.2
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person who seeks to be examined for licensure or registration by the board. See Louisiana Revised Statutes 37:3272
  • Applicant: means a person who has submitted an application to the division seeking a license or permit, or the renewal thereof. See Louisiana Revised Statutes 27:44
  • Application: means the forms and schedules prescribed by the division upon which an applicant seeks a license or permit or the renewal thereof. See Louisiana Revised Statutes 27:44
  • Appointing authority: means any official, officer, board, commission, council, or person having the power to make appointments to positions in the municipal fire and police services. See Louisiana Revised Statutes 33:2473
  • Appointing authority: means any official, officer, board, commission, council or person having the power to make appointments to positions in the municipal, parish or fire protection district fire service. See Louisiana Revised Statutes 33:2533
  • Appointment: means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. See Louisiana Revised Statutes 33:2473
  • Appointment: means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. See Louisiana Revised Statutes 33:2533
  • Appraisal: means the act or process of developing an opinion of value of real property following the appraisal process defined by the Uniform Standards for Professional Appraisal Practice. See Louisiana Revised Statutes 37:3415.2
  • Appraisal assignment: means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. See Louisiana Revised Statutes 37:3392
  • Appraisal management company: means , in connection with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any third party that annually oversees a network panel of more than fifteen licensed appraisers in the state or twenty-five or more licensed appraisers in two or more states and is authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling or by an underwriter of, or other principal in, the secondary mortgage markets to do both of the following:

                (a) Recruit, select, contract with, or otherwise retain an appraiser for the purpose of performing an appraisal and to verify any work performed by the appraiser for compliance with applicable state and federal requirements. See Louisiana Revised Statutes 37:3415.2

  • Appraisal management services: means the process of receiving a request for the performance of real estate appraisal services from a client, and for a fee paid by the client, entering into an agreement with one or more independent appraisers to perform the real estate appraisal services contained in the request. See Louisiana Revised Statutes 37:3415.2
  • Appraisal report: means any communication, written or oral, of an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects, including energy efficiency, of, identified real estate. See Louisiana Revised Statutes 37:3392
  • Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment. See Louisiana Revised Statutes 37:3415.2
  • Appraiser panel: means a group of appraisers that has been selected by an appraisal management company to perform real estate appraisal services for the appraisal management company on behalf of lenders or other clients. See Louisiana Revised Statutes 37:3415.2
  • AQB: means the Appraiser Qualifications Board of TAF created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
  • Armed security officer: is a n individual who provides security services and who at any time wears, carries, possesses, or has access to a firearm or any other weapon defined by the board. See Louisiana Revised Statutes 37:3272
  • Arrest: Taking physical custody of a person by lawful authority.
  • ASB: means the Appraisal Standards Board of TAF created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
  • Athlete: means an individual designated as such by the board, an educational institution, a professional athletic organization, or other board-approved organization who participates in an athletic activity. See Louisiana Revised Statutes 37:3302
  • Athletic injury: means any injury, illness, or medical condition sustained by an athlete as a result of his participation in exercises, sports, games, or recreational activities. See Louisiana Revised Statutes 37:3302
  • Athletic trainer: means an individual licensed by the board as an athletic trainer with the specific qualifications set forth in Louisiana Revised Statutes 37:3302
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attack: means any attack or series of attacks by an enemy of the United States causing or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological or biological means or other weapons or processes. See Louisiana Revised Statutes 33:1403
  • Authority: means a parish or municipality, or both, authorized by law to perform governmental functions and any special district created for the purpose of drainage and/or flood control. See Louisiana Revised Statutes 38:90.1
  • Authority: shall mean the Department of Transportation and Development. See Louisiana Revised Statutes 48:1253
  • average compensation: means his average earnable compensation for the five highest successive years of employment, or the highest five successive joined years where interruption of service occurred. See Louisiana Revised Statutes 11:701
  • 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.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • 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
  • Bequest: Property gifted by will.
  • Birthing center: means a healthcare facility, the primary purpose of which is the performance of low-risk deliveries, where births are planned to occur away from the mother's usual residence following a low-risk pregnancy. See Louisiana Revised Statutes 40:1086.1
  • Board: means the Louisiana State Board of Private Security Examiners, an agency in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 37:3272
  • Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 37:3302
  • Board: means the Louisiana State Board of Medical Examiners established in Louisiana Revised Statutes 37:3353
  • Board: means the governing body of the Addictive Disorder Regulatory Authority. See Louisiana Revised Statutes 37:3386.1
  • Board: means the Louisiana Real Estate Appraisers Board established pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 37:3392
  • Board: means the Louisiana Real Estate Appraisers Board. See Louisiana Revised Statutes 37:3415.2
  • Board: means the Traumatic Head and Spinal Cord Injury Trust Fund Advisory Board. See Louisiana Revised Statutes 46:2632
  • Board: means the Louisiana Gaming Control Board, as established by Louisiana Revised Statutes 27:402
  • Board: means the board of commissioners of the French Quarter Management District. See Louisiana Revised Statutes 25:798
  • Board: means the municipal fire and police civil service board. See Louisiana Revised Statutes 33:2473
  • Board: means the municipal, parish, or fire protection district fire and police civil service board. See Louisiana Revised Statutes 33:2533
  • Board: means the Board of Trustees of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • Board: means the board of trustees of the Assessors' Retirement Fund. See Louisiana Revised Statutes 11:1402
  • Board-approved organization: means one of the following:

                (a) Approved organization, including but not limited to the Amateur Athletic Union, the International Olympic Committee and its affiliates, the Pan American Sports Organization, the National Collegiate Athletic Association, the National Association of Intercollegiate Athletics, college and university intramural sports, and sports events of the National Federation of State High School Associations. See Louisiana Revised Statutes 37:3302

  • BOC: means the Board of Certification, Inc. See Louisiana Revised Statutes 37:3302
  • Bona fide medication sample: means a drug, chemical, or medication packaged by the original manufacturer thereof in such quantity as does not exceed a reasonable therapeutic dosage for a period in excess of one week and provided at no cost to a physician for administration or dispensation to a patient at no cost to the patient. See Louisiana Revised Statutes 46:2622
  • Bond commission: means the State Bond Commission or any other entity authorized to approve and/or issue bonds for a municipality, including without limitation, the Board of Liquidation, City Debt, which is the appropriate bond commission for the city of New Orleans and the Sewerage and Water Board of New Orleans. See Louisiana Revised Statutes 38:90.1
  • Bread: means bread of every kind and description made wholly or partly from wheat flour, which conforms to the definition and standard of identity of bread as promulgated by the Federal Security Agency. See Louisiana Revised Statutes 40:781
  • CAATE: means the Commission on Accreditation of Athletic Training Education or its successor. See Louisiana Revised Statutes 37:3302
  • Certified clinical supervisor: means any person holding the necessary credential of licensed, certified, or registered addiction counselor or any person who holds a specialty substance abuse credential in another professional discipline in a human services field at the master's level or higher; and who has satisfied the requirements established by the board to provide clinical supervision. See Louisiana Revised Statutes 37:3386.1
  • Certified general appraiser: means any person licensed by the board to appraise all types of real estate regardless of complexity or transaction value. See Louisiana Revised Statutes 37:3392
  • certified residential appraiser: includes but is not limited to the authority to appraise vacant or unimproved land utilized for the purposes of one to four family residential units or for which the highest and best use is for one to four family residential units; however, such authority shall not include the authority to appraise any subdivision for which a development analysis or development appraisal is necessary. See Louisiana Revised Statutes 37:3392
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Child: means an unmarried individual under the age of eighteen. See Louisiana Revised Statutes 40:1079.12
  • City: means the city of New Orleans. See Louisiana Revised Statutes 25:798
  • class of position: means a definitely recognized kind of employment in the classified service, designated to embrace positions that are so nearly alike in the essential character of their duties, responsibilities, and consequent qualification requirements, that they can fairly and equitably be treated alike under like conditions for all personnel purposes. See Louisiana Revised Statutes 33:2473
  • class of position: means a definitely recognized kind of employment in the classified service, designated to embrace positions that are so nearly alike in the essential character of their duties, responsibilities and consequent qualification requirements that they may fairly and equitably be treated alike under like conditions for all personnel purposes. See Louisiana Revised Statutes 33:2533
  • Classification plan: means all the classes of positions established for the classified service. See Louisiana Revised Statutes 33:2473
  • Classification plan: means all the classes of positions established for the classified service. See Louisiana Revised Statutes 33:2533
  • Classified service: means every appointive office and position of trust or employment in the municipal government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. See Louisiana Revised Statutes 33:2473
  • Classified service: means every appointive office and position of trust or employment in the municipal government, parish government, or fire protection district government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. See Louisiana Revised Statutes 33:2533
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Client: means the individual, couple, family, group, organization, or community that seeks or receives addiction counseling services from the addiction professional or an addiction facility until discharged. See Louisiana Revised Statutes 37:3386.1
  • Client: means any person or entity that contracts with or otherwise enters into an agreement for the performance of residential real estate appraisal services. See Louisiana Revised Statutes 37:3415.2
  • Clinical supervision: means the interpersonal tutorial relationship between a certified clinical supervisor and other licensed, certified, or registered addiction counseling professionals centered on the goals of skill development and professional growth through learning and practicing. See Louisiana Revised Statutes 37:3386.1
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commission: means the Louisiana Real Estate Commission. See Louisiana Revised Statutes 37:3392
  • Commission: shall mean the Bi-State Corridor Commission. See Louisiana Revised Statutes 48:1701
  • Commission: shall mean the El Camino East-West Corridor Commission (U. See Louisiana Revised Statutes 48:1751
  • Committee: means the Joint Legislative Committee on Transportation, Highways and Public Works. See Louisiana Revised Statutes 38:90.1
  • Compulsive gambling counselor: means any person holding a necessary credential as a licensed, certified, or registered addiction counselor, or a necessary credential as a qualified mental health professional, who is certified by the board, in accordance with the provisions of this Chapter, as possessing special knowledge acquired through formal education and clinical experience and thus is qualified to provide gambling addiction counseling to persons who have a gambling addiction disorder or who exhibit gambling addictive behaviors. See Louisiana Revised Statutes 37:3386.1
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract security company: means any person engaging in the business of providing, or which undertakes to provide, a security officer on a contractual basis for another person. See Louisiana Revised Statutes 37:3272
  • Controlling person: means any of the following:

                (a) An owner, officer, or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state. See Louisiana Revised Statutes 37:3415.2

  • Conviction: A judgement of guilt against a criminal defendant.
  • Core functions: means the screening, intake, orientation, assessment, treatment planning, counseling, case management, crisis intervention, client education, referral, reports, and record-keeping activities associated with counseling and consultation with other credentialed professionals. See Louisiana Revised Statutes 37:3386.1
  • Council: means the Legislative Audit Advisory Council. See Louisiana Revised Statutes 38:90.1
  • Counselor-in-training: means any person who has not yet met the qualification to become a licensed, certified, or registered counselor, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board. See Louisiana Revised Statutes 37:3386.1
  • Creditable service: means prior service plus membership service for which credit is allowable as provided in this Chapter. See Louisiana Revised Statutes 11:403
  • Creditable service: means "Prior Service" plus "Membership Service" for which credit is allowable as provided in Part III of this Chapter. See Louisiana Revised Statutes 11:701
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Custodial environment: means a setting created by a court system in which a person has been deprived of freedom of action in any significant way. See Louisiana Revised Statutes 37:3386.1
  • Dam: is a ny artificial barrier, including appurtenant works, which does or will impound or divert water or any other liquid substance and which has or will have a dam height of twenty-five feet or more or has or will have a maximum liquid storage capacity of fifty acre-feet or more. See Louisiana Revised Statutes 38:22
  • Dealer: means any person or entity engaged in the business of selling water treatment devices to the public. See Louisiana Revised Statutes 40:700
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Demotion: means a change of an employee in the classified service from a position of one class to a position of a lower class which generally affords less responsibility and pay. See Louisiana Revised Statutes 33:2473
  • Demotion: means a change of an employee in the classified service from a position of one class to a position of a lower class which generally involves less responsibility and provides less pay. See Louisiana Revised Statutes 33:2533
  • Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Department: means the Louisiana Department of Public Safety and Corrections. See Louisiana Revised Statutes 37:3272
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:2622
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:2632
  • Department: shall mean the Department of Transportation and Development. See Louisiana Revised Statutes 48:1701
  • Department: shall mean the Louisiana Department of Transportation and Development. See Louisiana Revised Statutes 48:1751
  • Department: means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act including but not limited to block grants for medical care of the poor. See Louisiana Revised Statutes 40:1183.3
  • Department: means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act including but not limited to block grants or other funding for medical care of the poor. See Louisiana Revised Statutes 40:1189.3
  • Department: means the Department of Energy and Natural Resources. See Louisiana Revised Statutes 33:1419.2
  • Department: means the Louisiana Department of Health and "secretary" means the secretary thereof. See Louisiana Revised Statutes 40:700
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:701
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1086.1
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1125.11
  • Department service: means employment in the public service offered and performed separately by the fire or police department of the municipality, parish or fire protection district. See Louisiana Revised Statutes 33:2533
  • Departmental service: means employment in the public services offered and performed separately by the fire and by the police departments of the municipality. See Louisiana Revised Statutes 33:2473
  • Dependent: A person dependent for support upon another.
  • 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 gaming area: means that portion of a riverboat in which gaming activities may be conducted. See Louisiana Revised Statutes 27:44
  • designated waterway: means those rivers or bodies of water listed in Louisiana Revised Statutes 27:44
  • Device operation: means the privilege of operating a video draw poker device in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 27:402
  • Device owner: means a person other than a distributor, who owns and operates, maintains, repairs, or services one or more video draw poker devices in licensed establishments. See Louisiana Revised Statutes 27:402
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispensing physician: means any physician in the state of Louisiana who has registered as a dispensing physician with the Louisiana State Board of Medical Examiners and who dispenses to his patients any drug, chemical, or medication, except a bona fide medication sample. See Louisiana Revised Statutes 46:2622
  • Distributor: means any person who buys, sells, leases, services, or repairs video draw poker devices and provides a facility for the inspection of those devices as required by the division. See Louisiana Revised Statutes 27:402
  • District: means the French Quarter Management District. See Louisiana Revised Statutes 25:798
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Earnable compensation: means the compensation earned by a member during the full normal working time as a teacher. See Louisiana Revised Statutes 11:701
  • East bank segment: shall mean a limited access express toll highway to be located in a corridor extending from the Shreveport area near or at Interstate Route 20 and proceeding southward wholly or primarily on the east bank of the Red River. See Louisiana Revised Statutes 48:1253
  • Educational institution: means a university, college, junior college, high school, junior high school, or grammar school, whether public or private. See Louisiana Revised Statutes 37:3302
  • Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2473
  • Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2533
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency interim successor: means a person designated pursuant to this Part, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office. See Louisiana Revised Statutes 33:1403
  • Emergency management: means the immediate care given to an injured athlete under the general supervision of the team or consulting physician. See Louisiana Revised Statutes 37:3302
  • Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2473
  • Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2533
  • Employee: means any person legally occupying a position in the state service. See Louisiana Revised Statutes 11:403
  • 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
  • Employer: means the state of Louisiana, any city, parish, or other local school board, the State Board of Elementary and Secondary Education, any board created by La. See Louisiana Revised Statutes 11:701
  • 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.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evaluation committee: means the Flood Control Project Evaluation Committee. See Louisiana Revised Statutes 38:90.1
  • Executive secretary: means the chief administrative officer of the board. See Louisiana Revised Statutes 37:3272
  • Executor: A male person named in a will to carry out the decedent
  • expressway project: shall mean any limited access express highway, bridge, tunnel, approach or facility thereto constructed or to be constructed under the provisions of this Chapter, including but not limited to bridges, tunnels, overpasses, underpasses, traffic circles, interchanges, feeder roads, landscaping, entrance plazas, approaches, toll houses, service areas, communication facilities, such facilities for motor fuel and food as the authority may deem necessary or desirable, and administration, storage and other buildings which the authority may deem necessary for the operation of such project, together with all property, rights, easements and interests which may be acquired by the authority for the construction or the operation of such project. See Louisiana Revised Statutes 48:1253
  • Facility: means an entity licensed by the Louisiana Department of Health that provides a broad range of diagnostic, treatment, and rehabilitation services on both a scheduled and nonscheduled basis in an accessible residential or nonresidential setting by qualified professionals to persons and their families in need of counseling or treatment related to alcohol abuse and alcoholism, or drug abuse, or both. See Louisiana Revised Statutes 40:1079.12
  • 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.
  • Federal assistance under a state transportation plan: means federal matching funds or other federal money which may be available under a State Implementation Plan (SIP), maintenance plan, or other transportation plan of the Department of Transportation and Development, a Metropolitan Planning Organization, or other state entity pursuant to the federal Congestion Mitigation and Air Quality (CMAQ) Improvement Program funding which provides funds for public fleet conversions to cleaner fuels. See Louisiana Revised Statutes 33:1419.2
  • Federal financial institutions regulatory agency: means :

                (a) The Board of Governors of the Federal Reserve System. See Louisiana Revised Statutes 37:3392

  • 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
  • Feeder road: shall mean any road which in the opinion of the authority is necessary to create or facilitate access to a project. See Louisiana Revised Statutes 48:1253
  • Fiduciary: A trustee, executor, or administrator.
  • FIRREA: means the Financial Institution Reform, Recovery and Enforcement Act of 1989, as enacted under federal law, and specifically includes but is not limited to Title XI, requiring real estate appraisals used in connection with federally related transactions to comply with uniform standards and to be prepared by credentialed real property appraisers. See Louisiana Revised Statutes 37:3392
  • fleet conversion: means both of the following:

                (a) The installation of qualified clean fuel vehicle equipment in order to modify all or a portion of a local governing authority's fleet of motor vehicles which are propelled by gasoline or diesel so that the motor vehicles may be partially or wholly propelled by an alternative fuel. See Louisiana Revised Statutes 33:1419.2

  • Flour: means flour of every kind and description made wholly or partly from wheat, which conforms to the definition and standard of identity of flour, white flour, wheat flour, and plain flour, as promulgated by the Federal Security Agency. See Louisiana Revised Statutes 40:781
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • 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
  • FQHC: means a facility which is engaged in furnishing primary health services to outpatients by physicians, physician assistants or nurse practitioners, including but not limited to health services related to family medicine, internal medicine, pediatrics, obstetrics, and gynecology and such services and supplies incident thereto. See Louisiana Revised Statutes 40:1183.3
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Louisiana Medical Assistance Trust Fund. See Louisiana Revised Statutes 46:2622
  • Fund: means the Traumatic Head and Spinal Cord Injury Trust Fund. See Louisiana Revised Statutes 46:2632
  • Fund: means the Assessors' Retirement Fund. See Louisiana Revised Statutes 11:1402
  • Game: means any banking or percentage game which is played with cards, dice, or any electronic, electrical, or mechanical device or machine for money, property, or any thing of value. See Louisiana Revised Statutes 27:44
  • gaming equipment: means any equipment or mechanical, electro-mechanical, or electronic contrivance, component, or machine, including a slot machine, used directly or indirectly in connection with gaming or any game, which affects the result of a wager by determining wins or losses. See Louisiana Revised Statutes 27:44
  • gaming license: means a license or authorization to conduct gaming activities on a riverboat issued pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 27:44
  • gaming operations: means the use, operation, or conducting of any game or gaming device upon a riverboat including all activities related to and integral to the operation and profitability of a riverboat, including accounting procedures and internal controls governing the licensee's operations. See Louisiana Revised Statutes 27:44
  • 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
  • General supervision: means the service is furnished under a physician's overall direction and control, but the physician's presence shall not be required during the provision of service. See Louisiana Revised Statutes 37:3302
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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.
  • Highway: shall mean a route, which shall run from Many, Louisiana, in Sabine Parish through Lockesbury, Arkansas, to the Oklahoma state line, as presently located and any improvement or extension thereof within the boundaries of the commission. See Louisiana Revised Statutes 48:1701
  • Highway: shall mean U. See Louisiana Revised Statutes 48:1751
  • Hospital: means a facility that is licensed as a hospital in accordance with the provisions of the Hospital Licensing Law, Louisiana Revised Statutes 40:1086.1
  • 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 good standing: means the status of a licensee who has complied with all explicit license obligations thereby having unabated authority to conduct license activities. See Louisiana Revised Statutes 37:3392
  • 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.
  • Indigent: means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana. See Louisiana Revised Statutes 46:17
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instructor: means any person approved and licensed by the board to administer and certify the successful completion of the required minimum training requirements for security officers. See Louisiana Revised Statutes 37:3272
  • 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
  • Intermediate care facility for people with developmental disabilities: means a facility which is licensed as an intermediate care facility for people with developmental disabilities in accordance with La. See Louisiana Revised Statutes 46:2622
  • 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.
  • 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.
  • Juror: A person who is on the jury.
  • KSA: means the knowledge, skills, and attitudes designated by the board as being necessary for effective addiction counseling and required by the board to be utilized by addictive disorders counselors in providing addiction counseling services. See Louisiana Revised Statutes 37:3386.1
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legacy: A gift of property made by will.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Licensed establishment: means an establishment that has a Class A-General retail permit or a Class A-Restaurant permit as defined in Part II of Chapter 1 or Part II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, for the sale of alcoholic beverages for on-premises consumption or a Louisiana state racing commission licensed race track, pari-mutuel wagering facility, or offtrack wagering facility, or a qualified truck stop facility as defined in Louisiana Revised Statutes 27:402
  • Licensed midwife: means a midwife who is licensed in accordance with the provisions of the Midwife Practitioners Act, Louisiana Revised Statutes 40:1086.1
  • Licensed residential appraiser: means any person licensed by the board whose authority to appraise real property is limited to the appraisal of noncomplex one to four residential units having a transaction value of less than one million dollars and of complex one to four residential units having a transaction value of less than four hundred thousand dollars in accordance with the Real Property Appraiser Qualification Criteria. See Louisiana Revised Statutes 37:3392
  • Licensee: means any person to whom a license is granted in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 37:3272
  • Licensee: means any person who has been issued a license by the board to participate in any appraisal activity described in this Chapter. See Louisiana Revised Statutes 37:3392
  • licensee: means any person holding or applying for a gaming license to conduct gaming activities. See Louisiana Revised Statutes 27:44
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • list: means a reinstatement employment list, a promotional employment list, a competitive employment list, and a reemployment list. See Louisiana Revised Statutes 33:2473
  • lists: means a reinstatement employment list, a promotional employment list, a competitive employment list and a re-employment list. See Louisiana Revised Statutes 33:2533
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan: means a loan of money from the Alternative Fuel Revolving Loan Fund for eligible costs of the conversion of a fleet of motor vehicles of a local governing authority to qualified clean fuel vehicles. See Louisiana Revised Statutes 33:1419.2
  • Local governing authority: means the governing authority of a parish, municipality, school board, port or port harbor and terminal district, levee district, or any other political subdivision of the state, and the governing authorities of their agencies, offices, or instrumentalities. See Louisiana Revised Statutes 33:1419.2
  • local governmental subdivision: means a parish or municipality. See Louisiana Revised Statutes 33:1420.21
  • Manufacturer: means any person who manufactures or assembles and programs video draw poker devices for use in this state. See Louisiana Revised Statutes 27:402
  • Market value: means a value stated as an opinion, which presumes the transfer of real property as of a certain date and subject to specific conditions set forth in the value definition identified by an appraiser as applicable to an appraisal. See Louisiana Revised Statutes 37:3392
  • Maximum benefit: means the retirement benefit a member is entitled to receive from the system set forth in Part IV of this Chapter in any month after giving effect to Louisiana Revised Statutes 11:701
  • Medicaid program: means the medical assistance program as established in Title XIX of the Social Security Act and as administered in the state of Louisiana by the Louisiana Department of Health. See Louisiana Revised Statutes 46:2622
  • Member: means any person included in the membership of the system. See Louisiana Revised Statutes 11:403
  • Member: means any teacher included in the membership of the system as provided in Part II of this Chapter. See Louisiana Revised Statutes 11:701
  • 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
  • Modification: means enlargements or changes that may affect the safety of the dam, including but not limited to adding significant amounts of material to, or removing material from, the cross-section of a dam; changing the dimensions or elevations of spillways; correcting damages associated with significant seepage through or under the dam; building a roadway or placing utilities on or in any part of the dam or altering the operational features of a dam excluding activities associated with routine maintenance. See Louisiana Revised Statutes 38:22
  • 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.
  • motel: means an operating commercial establishment which possesses all appropriate licensing as a hotel or motel and which is engaged primarily in the renting of rooms, generally at a daily rate basis, which provides overnight lodging to the general public. See Louisiana Revised Statutes 27:402
  • Municipal drainage authority: means the city of New Orleans and any special district or board located in such municipality, including but not limited to the Sewerage and Water Board of New Orleans, created for the purpose of drainage and/or flood control. See Louisiana Revised Statutes 38:90.1
  • 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
  • Net device revenue: means the gross revenue of a device less the value of prizes paid as shown on the meters of the device. See Louisiana Revised Statutes 27:402
  • Net gaming proceeds: means the total of all cash and property, including checks received by a licensee, whether collected or not, received by the licensee from gaming operations, less the total of all cash paid out as winnings to patrons and five million dollars annually directly attributable to promotional play wagers. See Louisiana Revised Statutes 27:44
  • Net proceeds: means the funds raised from the sale of bonds minus issuance costs, which costs include but are not limited to the underwriting discount, printing of disclosure documents, bond certificates, and the fees of the underwriter's legal counsel, bond counsel, financial advisor, rating agency, and trustee banks. See Louisiana Revised Statutes 33:1419.2
  • Net uncompensated costs: means the costs related to patient care incurred during a provider's fiscal year of furnishing outpatient services, net of the cost of treating Medicare patients, Medicaid payments for inpatient and outpatient services, excluding disproportionate share payments, costs associated with patients who have insurance for services provided, and payments received from uninsured patients. See Louisiana Revised Statutes 40:1183.3
  • 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.
  • Non-certificated vessel: means a riverboat vessel which does not hold a Certificate of Inspection issued by the United States Coast Guard. See Louisiana Revised Statutes 27:44
  • Office: means the office of engineering of the Department of Transportation and Development. See Louisiana Revised Statutes 38:90.1
  • Office: includes all local offices, the powers and duties of which are defined by the constitution, statutes, charters, and ordinances. See Louisiana Revised Statutes 33:1403
  • Out-of-state pharmacist: means any natural person who is licensed or registered as a pharmacist by a state other than Louisiana, who is a resident of and domiciled in a state other than Louisiana, and who fills, compounds, or dispenses out-of-state prescriptions. See Louisiana Revised Statutes 46:2622
  • PAREA: means or refers to any Practical Applications of Real Estate Appraisal training program created or implemented in accordance with the Real Property Appraiser Qualification Criteria developed and approved by the AQB, to provide an alternate pathway for applicants to obtain licensure as a licensed residential appraiser or as a certified residential appraiser without training as a trainee appraiser, subject to the direct control and supervision of a supervisory appraiser. See Louisiana Revised Statutes 37:3392
  • Passenger: means a natural person who is present on a riverboat but has no part in the vessel's operation. See Louisiana Revised Statutes 27:44
  • permanent employee: means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. See Louisiana Revised Statutes 33:2473
  • permanent employee: means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. See Louisiana Revised Statutes 33:2533
  • Person: means an individual, firm, association, company, partnership, corporation, nonprofit organization, or other legal entity. See Louisiana Revised Statutes 37:3272
  • Pharmacist: means any natural person who is licensed or registered as a pharmacist by the state of Louisiana, who is a resident of and domiciled in the state of Louisiana, and who fills, compounds, or dispenses prescriptions. See Louisiana Revised Statutes 46:2622
  • Pharmacy: means any natural person, firm, corporation, partnership, or other juridical person that is permitted as a pharmacy by the state of Louisiana, that is located within the state of Louisiana, and that through or by pharmacists, sells at retail, fills, dispenses, or furnishes prescriptions. See Louisiana Revised Statutes 46:2622
  • Physical rehabilitation: means the care given to athletes following an athletic injury and recovery. See Louisiana Revised Statutes 37:3302
  • Physician: means a person licensed to practice medicine by the board in the state who is qualified by training and experience to supervise an athletic trainer. See Louisiana Revised Statutes 37:3302
  • Physician: means a person who is licensed by the board to practice medicine in this state. See Louisiana Revised Statutes 37:3353
  • Physician: means any licensed medical doctor, dentist, or other licensed practitioner authorized to prescribe or order any drug, chemical, medicine, device, or a combination thereof, to be filled, compounded, or dispensed by a pharmacist. See Louisiana Revised Statutes 46:2622
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • political activity: means an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election. See Louisiana Revised Statutes 33:2454
  • Political subdivision: includes parishes, municipalities, districts and other public subdivisions and entities, whether organized and existing under charter or general law. See Louisiana Revised Statutes 33:1403
  • political subdivision: means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 33:1418
  • Position: means any office and employment in the municipal fire and police services, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2473
  • Position: means any office or employment in the municipal, parish or fire protection district, fire or police service, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2533
  • Position: means any office or any employment in the state service. See Louisiana Revised Statutes 11:403
  • Postneonatal death: means the death of a child aged twenty-eight days to three hundred sixty-four days. See Louisiana Revised Statutes 40:1086.1
  • Practice of prevention: shall include but is not limited to the following:

                (a) Working cooperatively with supervisors and coaches in establishing and implementing a program of physical conditioning for athletes. See Louisiana Revised Statutes 37:3302

  • Prescription: means a physician's order, written, oral, or electronically transmitted for a drug, chemical, medicine, device, or a combination thereof, that is filled, compounded, or dispensed by a licensed or registered pharmacist or dispensing physician. See Louisiana Revised Statutes 46:2622
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • 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.
  • Prevention: means those activities and services that prevent, reduce, or stabilize the incidence of addictive disorders and thereby prevent, reduce, or stabilize the prevalence of addictive disorders. See Louisiana Revised Statutes 37:3386.1
  • Prevention specialist-in-training: means any person who has not yet met the qualifications to become a licensed, certified, or registered prevention professional, but who has made application to the board in accordance with the provisions of this Chapter and procedures established by the board. See Louisiana Revised Statutes 37:3386.1
  • preventive counseling: means services, general guidance and support, or service coordination, including but not limited to individual and group counseling, support services, and education about alcohol and other drugs and their effects, which are provided by a qualified professional to prevent a child from developing or suffering from alcoholism, alcohol or drug addiction, alcohol or drug abuse, or related physical, emotional, or mental health problems. See Louisiana Revised Statutes 40:1079.12
  • Private security business: is a ny entity that provides protection to persons and property, excluding any law enforcement agency, but including any:

    (a)  Contract security company; or

    (b)  Armored car company or armed courier company. See Louisiana Revised Statutes 37:3272

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Program: means the flood control system which may include, but not be limited to, floodproofing, waterproofing, ring dikes, relocation assistance, information programs, formulation of codes, and engineering studies. See Louisiana Revised Statutes 38:90.1
  • Program: means the Alternative Fuel Revolving Loan Fund Program as established by this Subpart. See Louisiana Revised Statutes 33:1419.2
  • Project: means a program or engineering activity, either new or continuing, exclusive of modifications to drainage structures located within state highway rights-of-way, that will be planned and implemented with the primary goal being the reduction of existing flood damages. See Louisiana Revised Statutes 38:90.1
  • Project: shall mean the construction, expansion, improvement, or extension of a route which shall run from Many, Louisiana, in Sabine Parish through Lockesbury, Arkansas, to the Oklahoma state line, including the four-lane improvements or any portion thereof within the boundaries of the district; the construction of bridges, overpasses, causeways, underpasses, traffic circles, interchanges, and landscaping relating thereto; and the long-term economic/industrial development and tourism development of the corridor area. See Louisiana Revised Statutes 48:1701
  • Project: shall mean the construction, expansion, improvements, or extension of the highway as that term is defined in this Section, including the four-lane improvements for any portion thereof within the boundaries of the commission and the construction of bridges, overpasses, causeways, underpasses, traffic circles, interchanges, landscaping and wildflower establishment, and historical marker establishment related thereto, and any other construction which may be necessary in order to completely modernize, renovate, and update the aforementioned highways, along with economic development and improvement of the geographic areas served thereby. See Louisiana Revised Statutes 48:1751
  • Promotion: means a change of an employee in the classified service from a position of one class to a position of a higher class which generally affords increased responsibilities and pay. See Louisiana Revised Statutes 33:2473
  • Promotion: means a change of an employee in the classified service from a position of one class to a position of a higher class which generally involves increased responsibilities and provides increased pay. See Louisiana Revised Statutes 33:2533
  • promotion list: means an employment list containing the names of eligible persons established from the results of promotion tests given for a particular class of positions which is not specifically required by this Part to be established from the results of a competitive test. See Louisiana Revised Statutes 33:2473
  • Promotion test: means a test for positions in a particular class which is not specifically required by this Part to be filled by competitive tests, admission to which is limited to regular employees of the next lower class, or the next lower classes when authorized by the rules, in the classified service. See Louisiana Revised Statutes 33:2473
  • Promotional play wagers: means wagers placed by patrons using noncashable vouchers, promotional chips, coupons, electronic credits, electronic promotions, scrips, or any other cash equivalent that is provided to the patron by the licensee. See Louisiana Revised Statutes 27:44
  • Promotional seniority: means the total cumulative employment in a class of positions of the next lower class from which a promotion is to be made. See Louisiana Revised Statutes 33:2473
  • Promotional seniority: means the total cumulative employment in a class of positions of the next lower class from which a promotion is to be made. See Louisiana Revised Statutes 33:2533
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified clean fuel vehicle equipment: means equipment necessary for a motor vehicle to partially or wholly operate on an alternative fuel, but shall not include equipment necessary for operation of a motor vehicle on gasoline or diesel. See Louisiana Revised Statutes 33:1419.2
  • Qualified mental health professional: means :

                (a) A psychiatrist licensed pursuant to Louisiana Revised Statutes 37:3386.1

  • Qualified professional: shall include :

                (a) A certified substance abuse counselor or certified prevention counselor. See Louisiana Revised Statutes 40:1079.12

  • Racehorse wagering: means wagers placed on horse racing conducted under the pari-mutuel form of wagering at licensed racing facilities that is accepted by a licensed racehorse wagering operator under the provisions of this Chapter. See Louisiana Revised Statutes 27:44
  • Racehorse wagering operator: means the licensed racing association whose facility is located closest to the licensed berth of the riverboat on which gaming activities are approved. See Louisiana Revised Statutes 27:44
  • Re-employment list: means an employment list for the entrance or lowest ranking class in the classified service, or any group of classes that may be grouped in the classification plan, containing names of regular employees who have been laid off under the "lay off" provisions of this Part. See Louisiana Revised Statutes 33:2533
  • real estate: means immovable property as defined by Civil Code Article 462 et seq. See Louisiana Revised Statutes 37:3392
  • real estate appraisal: means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects, including energy efficiency, of, identified real estate, for or in expectation of compensation. See Louisiana Revised Statutes 37:3392
  • Real estate appraisal services: means residential valuation services performed by an individual acting as an appraiser, including but not limited to appraisal, appraisal review, or appraisal consulting, as these services are defined under the Uniform Standards for Professional Appraisal Practice. See Louisiana Revised Statutes 37:3415.2
  • Real Property Appraiser Qualification Criteria: means the qualifying criteria regarding the minimum education, experience, and examination requirements for real estate appraisers, as established by the AQB. See Louisiana Revised Statutes 37:3392
  • Reasonable cost: means the cost of hospital outpatient services, including without limitation provider-based rural health clinics, utilizing Medicare cost reimbursement principles applicable to the respective rural hospital, including hospital-based rural health clinics licensed as hospital departments. See Louisiana Revised Statutes 40:1189.3
  • Recipient: means the person who has received assistance under this Title. See Louisiana Revised Statutes 46:1
  • 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
  • Reemployment list: means an employment list for the entrance or lowest ranking class in the classified service, or in any group of classes as may have been grouped in the classification plan, containing names of regular employees who have been laid off under the "lay off" provisions of this Part. See Louisiana Revised Statutes 33:2473
  • Registrant: means an individual who holds a valid registration card issued by the board. See Louisiana Revised Statutes 37:3272
  • Registration card: means the identification card issued by the board to a registrant as evidence that the registrant has met the required minimum qualifications. See Louisiana Revised Statutes 37:3272
  • Registry: means the sickle cell disease registry established by the provisions of this Subpart. See Louisiana Revised Statutes 40:1125.11
  • reinstatement list: means an employment list containing names of persons eligible for reinstatement in positions of a class from which they have been demoted for reasons other than disciplinary action. See Louisiana Revised Statutes 33:2473
  • reinstatement list: means an employment list containing names of persons eligible for reinstatement in positions of a class from which they have been demoted for reasons other than disciplinary action. See Louisiana Revised Statutes 33:2533
  • 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).
  • 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.
  • Respiratory care: is synonymous with the term "respiratory therapy" as defined in this Chapter. See Louisiana Revised Statutes 37:3353
  • Respiratory therapy: means the allied health specialty practiced under the direction and supervision of a physician involving the assessment, treatment, testing, monitoring, and care of persons with deficiencies and abnormalities of the cardiopulmonary system. See Louisiana Revised Statutes 37:3353
  • Respiratory therapy education program: means a program of respiratory therapy studies accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP), in collaboration with the Committee on Accreditation for Respiratory Care (CoARC), or their predecessor or successor organizations or an equivalent program approved by the board. See Louisiana Revised Statutes 37:3353
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retirement: means termination of active service, with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:403
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:701
  • revenue bonds: shall mean bonds of the authority authorized under the provisions of this Chapter. See Louisiana Revised Statutes 48:1253
  • Revenues: shall mean all tolls, charges, rentals, gifts, grants, moneys, and all other funds coming into the possession or under the control of the authority by virtue of the provisions hereof, except the proceeds from the sale of bonds issued under this Chapter. See Louisiana Revised Statutes 48:1253
  • Riverboat: means one of the following:

                (a) A vessel that carries a valid Certificate of Inspection issued by the United States Coast Guard with regard to the carriage of passengers on designated rivers or waterways within or contiguous to the boundaries of the state of Louisiana and for the carriage of a minimum of six hundred passengers and crew. See Louisiana Revised Statutes 27:44

  • Rural grant opportunity authority: means a municipality with a population of fewer than five thousand people or a parish with a population of fewer than fifty thousand people located in a rural area. See Louisiana Revised Statutes 38:90.1
  • Rural Grant Opportunity Program: means a mechanism for a rural grant opportunity authority located in a rural area that lacks the financial ability to satisfy the local match requirements to participate in the Statewide Flood Control Program. See Louisiana Revised Statutes 38:90.1
  • Rural hospital: means a hospital licensed by the department which meets one of the following criteria:

                (i) Has no more than sixty hospital beds as of July 1, 1994; and

                (aa) Is located in a parish with a population of less than fifty thousand; or

                (bb) Is located in a municipality with a population of less than twenty thousand. See Louisiana Revised Statutes 40:1189.3

  • School: means any public elementary or secondary school in the state of Louisiana operated by a city or parish school board or any nonpublic school approved by the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 40:1079.12
  • Secretary: means the secretary of the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 46:2622
  • Secretary: means the secretary of the Louisiana Department of Health, hereinafter referred to in this Part as the "department. See Louisiana Revised Statutes 40:781
  • Security officer: means an individual who is employed by a contract security company whether armed or unarmed, to protect a person or persons or property or both, and whose duties include but are not limited to the following:

    (a)  Prevention of unlawful intrusion or entry. See Louisiana Revised Statutes 37:3272

  • Security operations manager: means any individual whose duties include but are not limited to the following:

    (i)  Scheduling and assignment of work shifts. See Louisiana Revised Statutes 37:3272

  • Seniority: means the following:

                (a) "Departmental seniority" means the total employment computed for an employee beginning with the last date on which he was regularly and permanently appointed and has worked continuously to and including the date of computation. See Louisiana Revised Statutes 33:2473

  • Seniority: means the following:

                (a) "Departmental seniority" means the total employment computed for an employee beginning with the last date on which he was regularly and permanently appointed and has worked continuously, to and including the date of computation. See Louisiana Revised Statutes 33:2533

  • Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
  • Service entity: means any person other than a distributor or device owner who repairs, services, inspects, or examines video draw poker devices. See Louisiana Revised Statutes 27:402
  • Service of process: The service of writs or summonses to the appropriate party.
  • Shaken baby syndrome: means the condition known also as abusive head trauma which is characterized by injuries resulting from violent shaking or shaking and impacting of the head of an infant or small child. See Louisiana Revised Statutes 40:1086.1
  • Slot machine: means any mechanical, electrical, or other device, contrivance, or machine which, upon insertion of a coin, token, or similar object therein or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens, or anything of value, whether the payoff is made automatically from the machine or in any other manner. See Louisiana Revised Statutes 27:44
  • Spinal cord injury: means an insult to the spinal cord, not of a degenerative or congenital nature, but caused by an external physical force resulting in paraplegia or quadriplegia. See Louisiana Revised Statutes 46:2632
  • Spouse: means a person who is legally married to a member of this system. See Louisiana Revised Statutes 11:403
  • State: means the state of Louisiana. See Louisiana Revised Statutes 11:403
  • State plan for medical assistance: means the plan promulgated by the department in accordance with its role as a designated state agency under Title XIX of the Social Security Act, or its successor plan including but not limited to block grants for medical care to the poor. See Louisiana Revised Statutes 40:1183.3
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Sudden unexpected infant death: means the death of an infant of less than one year of age, the cause of which is not immediately obvious before investigation, that occurs suddenly and unexpectedly. See Louisiana Revised Statutes 40:1086.1
  • suitability requirements: means the criteria provided for in Louisiana Revised Statutes 27:402
  • Supervisor: means the person in charge of the division. See Louisiana Revised Statutes 27:44
  • Supervisory appraiser: means a certified residential appraiser or certified general appraiser registered by the board to supervise one or more trainee appraisers and who satisfies the applicable minimum qualifications required by the Real Property Appraiser Qualification Criteria including but not limited to the following:

                (a) The supervisory appraiser shall have been licensed and in good standing with any competent appraisal licensing jurisdiction for at least three years. See Louisiana Revised Statutes 37:3392

  • Surviving spouse: means a person who is legally married to a member of the system and living with the member at the time of his death. See Louisiana Revised Statutes 11:1402
  • System: means the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • TAF: means The Appraisal Foundation created in accordance with Title XI of FIRREA. See Louisiana Revised Statutes 37:3392
  • 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.
  • 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.
  • Trainee appraiser: means any person registered by the board and authorized to appraise properties under the supervision of a licensed general real estate appraiser or residential real estate appraiser. See Louisiana Revised Statutes 37:3392
  • transaction value: means market value for nonfederally related transaction appraisals. See Louisiana Revised Statutes 37:3392
  • Traumatic head injury: means an insult to the head, affecting the brain, not of a degenerative or congenital nature, but caused by an external physical force that may produce a diminished or altered state of consciousness which results in an impairment of cognitive abilities or physical functioning. See Louisiana Revised Statutes 46:2632
  • Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a child or to prevent deterioration in his condition or behavior as it relates to drug or alcohol abuse. See Louisiana Revised Statutes 40:1079.12
  • Trustee: A person or institution holding and administering property in trust.
  • Unavailable: means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office including any deputy exercising the powers and discharging the duties of an office because of a vacancy and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. See Louisiana Revised Statutes 33:1403
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • USPAP: means the Uniform Standards of Professional Appraisal Practice, which establishes the minimum requirements applicable to appraisers for the purpose of promoting and maintaining public trust in the appraisal practice, as implemented and periodically amended by the ASB. See Louisiana Revised Statutes 37:3392
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Video draw poker: means any card game approved by the division that utilizes one or more decks of cards per hand with multiple hands permitted per game. See Louisiana Revised Statutes 27:402
  • Video draw poker device: means any unit, mechanism, or device authorized pursuant to the provisions of this Chapter, that, upon insertion of a ticket voucher or cash, is available to play or simulate the play of the game of draw poker, or other card games approved by the division utilizing a video display and microprocessors in which the player may win games or credits that can be redeemed for cash only. See Louisiana Revised Statutes 27:402
  • Video draw poker employee: means a person issued a permit pursuant to the provisions of Louisiana Revised Statutes 27:402
  • Water treatment device: means any instrument or contrivance sold at retail for residential use and designed to be added to the plumbing system of a water supply intended for human consumption to improve that water supply by any means including, but not limited to, filtration, purification, distillation, or conditioning. See Louisiana Revised Statutes 40:700
  • 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.