Sections
Part I Building Regulations 33:4721 – 33:4780.91
Part II Regulation of Business and Occupations 33:4781 – 33:4792
Part III Health and Safety Regulations 33:4811 – 33:4814
Part IV Hawkers and Peddlers 33:4831 – 33:4835
Part V Gambling 33:4851 – 33:4854
Part VI Miscellaneous Powers 33:4871 – 33:4886
Part VII Concurrent Exercise of the Police Power and Certain Privileged Communications 33:4890 – 33:4891
Part VIII Louisiana Inclusionary Zoning and Workforce Affordable Housing Act 33:5001 – 33:5003

Terms Used In Louisiana Revised Statutes > Title 33 > Chapter 14 - Exercise of Police Power

  • Adjudication: means formal or informal proceedings for the formulation of a decision or order. See Louisiana Revised Statutes 30:2004
  • Adult amusement attraction or amusement ride: means an attraction that is not a "child amusement attraction or amusement ride" or "kiddie amusement attraction or amusement ride". See Louisiana Revised Statutes 40:1484.3
  • Advertisement: means any promotion of 900, 976, or any other pay-per-call service by means of any radio, television, video or print media, telemarketing, or any other communication promoting a 900 or 976 number, service, or program to consumers. See Louisiana Revised Statutes 51:1730
  • 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.
  • Agency: means any governmental body employing persons and includes departments, agencies, boards, commissions, and courts. See Louisiana Revised Statutes 11:403
  • Aggrieved person: means a natural or juridical person who has a real and actual interest that is or may be adversely affected by a final action under this Subtitle. See Louisiana Revised Statutes 30:2004
  • Allegation: something that someone says happened.
  • 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.
  • Amusement attraction: means any building or structure around, over, or through which people may move or walk, without the aid of any moving device integral to the building or structure, that provides amusement, pleasure, thrills, or excitement. See Louisiana Revised Statutes 40:1484.3
  • Amusement ride: means any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. See Louisiana Revised Statutes 40:1484.3
  • ANSI: means the American National Standards Institute. See Louisiana Revised Statutes 40:1664.3
  • ANSI: means the American National Standards Institute. See Louisiana Revised Statutes 40:1484.3
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Apprentice: means a person who is licensed to work under the direct supervision and accompaniment of a technician who is licensed to the same firm and holding a valid license to perform the same acts. See Louisiana Revised Statutes 40:1664.3
  • ASCE: means the American Society of Civil Engineers. See Louisiana Revised Statutes 40:1664.3
  • ASME: means the American Society of Mechanical Engineers. See Louisiana Revised Statutes 40:1664.3
  • Assistant secretary: means the assistant secretary to whom a given function or responsibility has been allocated by this Subtitle or delegated by the secretary. See Louisiana Revised Statutes 30:2004
  • ASTM: means the American Society for Testing and Materials or ASTM International. See Louisiana Revised Statutes 40:1484.3
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Audit: means an official inspection of an operator's actions and documentation as it relates to the coordination of inflatable amusement devices, amusement rides, and amusement attractions at an event and a set-up inspector's actions, documentation, and tagging as it relates to the set-up inspection of inflatable amusement devices, amusement rides, and amusement attractions at an event, including each operator's and set-up inspector's adherence to applicable statutes and rules. See Louisiana Revised Statutes 40:1484.3
  • Authorized person: means :

    (a)  Employees or electrical or communication contractors or other contractors employed for the maintenance of electric lines of an electric public utility with respect to the electrical system owned or operated by such electric public utility; employees or electrical or communication contractors or other contractors employed for the maintenance of electric lines of an electric cooperative with respect to the electrical system owned or operated by such cooperative; employees or electrical or communication contractors or other contractors employed for the maintenance of electric lines of a municipality or other public entity with respect to the electrical system owned or operated by such municipality or other public entity; and the employees of a transportation system with respect to the electrical circuits of such system. See Louisiana Revised Statutes 45:141

  • 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.
  • Basic system: means a telephone service which automatically connects a person dialing the digits 911 to an established public safety answering point through normal telephone service facilities. See Louisiana Revised Statutes 45:792
  • 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.
  • Board: means the Louisiana Life Safety and Property Protection Education Board. See Louisiana Revised Statutes 40:1664.3
  • Board: means the Board of Trustees of the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • Board: means the board of directors of the district or any successor thereto. See Louisiana Revised Statutes 33:3077
  • Board of commissioners: means a group of persons appointed under the provisions of law to exercise certain authorities over and have oversight and control of a levee district or levee and drainage district. See Louisiana Revised Statutes 38:281
  • Bona fide paying subscribers: means persons who have subscribed at a subscription rate which is not nominal, whether by mail subscriptions, purchases through dealers and carriers, street vendors and counter sellers, or any combination thereof, but shall not include free circulation, sales at token or nominal subscription price, and sales in bulk for purposes other than for resale for individual subscribers. See Louisiana Revised Statutes 43:200
  • Byproduct material: means :

    (a)  Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. See Louisiana Revised Statutes 30:2103

  • Carrier: means any company that provides telecommunications transmission services. See Louisiana Revised Statutes 51:1730
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Center: means any person or organization which, for profit, offers physical fitness services, whether at multiple outlets or a single outlet. See Louisiana Revised Statutes 51:1576
  • Certificate of inspection: means a certificate or report prepared by a third-party inspector pursuant to his inspection which verifies that the inflatable amusement device, amusement attraction, or amusement ride complies with all applicable adopted laws, rules, standards, and its corresponding manufacturer's installation manuals, maintenance and service bulletins, and notices. See Louisiana Revised Statutes 40:1484.3
  • Certificate of registration: means a certificate issued by the office of state fire marshal upon receipt of a completed registration application, valid insurance as required by this Part, and a certificate of inspection. See Louisiana Revised Statutes 40:1484.3
  • Certify: means to attest to the proper functionality, inspection, installation, integration, programming, and service of life safety and property protection systems and equipment in accordance with all applicable engineered specifications, manufacturer specifications, and submitted plans and per the inspection, testing and maintenance chapters as set forth in the applicable NFPA, ASME, ANSI, and ASCE codes, standards, and manufacturer specifications. See Louisiana Revised Statutes 40:1664.3
  • 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.
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Closed circuit television alarm system: means a system that provides video surveillance of events, primarily by means of transmission, recording, or transmission and recording of visual signals through the use of cameras, receivers, monitors, computer, and other visual imaging systems. See Louisiana Revised Statutes 40:1664.3
  • Coal: means anthracite and bituminous coal, lignite, and any fuel derivative thereof. See Louisiana Revised Statutes 51:1602
  • Collateral costs: means sales tax, license fees, and registration fees and any similar governmental charges. See Louisiana Revised Statutes 51:1941
  • commerce: means the advertising, offering for sale, sale, or distribution of any services and any property, corporeal or incorporeal, immovable or movable, and any other article, commodity, or thing of value wherever situated, and includes any trade or commerce directly or indirectly affecting the people of the state. See Louisiana Revised Statutes 51:1402
  • Commissioner: means commissioner of insurance. See Louisiana Revised Statutes 40:1421
  • Common elements: means all portions of timeshare property other than units. See Louisiana Revised Statutes 9:1131.2
  • 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 order: means an order issued by the secretary or an assistant secretary requiring a respondent to comply with specified provisions of this Subtitle, a rule, or a permit within a specified period of time. See Louisiana Revised Statutes 30:2004
  • 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.
  • Connectivity: means the capacity for the interconnection of platforms, systems, and applications. See Louisiana Revised Statutes 51:1361
  • 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 uses, purchases, or leases goods or services. See Louisiana Revised Statutes 51:1402
  • Consumer: means a telephone user or end-user who calls or may call a 900, 976, or any other pay-per-call service. See Louisiana Revised Statutes 51:1730
  • Consumer: means :

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

  • Consumer transaction: means any transaction involving trade or commerce to a natural person, the subject of which transaction is primarily intended for personal, family, or household use. See Louisiana Revised Statutes 51:1402
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: includes any agreement conferring the rights and obligations of a timeshare ownership on the purchaser. See Louisiana Revised Statutes 9:1131.2
  • contract for dance studio lessons and other services: means a contract for instruction in ballroom or other types of dancing, and includes lessons and other services, whether given to students individually or in groups. See Louisiana Revised Statutes 51:1551
  • Conversion: shall mean the voluntary or mandated conversion of industrial and powerplant fuel requirements in the state from natural gas or petroleum to coal or other alternate fuels. See Louisiana Revised Statutes 51:1602
  • conveyance device: means any of the following, except those located in one- or two-family dwellings as defined in La. See Louisiana Revised Statutes 40:1664.3
  • Conveyance device mechanic: means any person engaged in the erecting, constructing, installing, altering, servicing, dismantling, maintaining, or testing of a conveyance device. See Louisiana Revised Statutes 40:1664.3
  • Cost-sharing: means the portion of the cost of a covered medical service that must be paid by or on behalf of eligible individuals, consisting of copayments or coinsurance, but not deductibles. See Louisiana Revised Statutes 46:979.2
  • Creditable service: means prior service plus membership service for which credit is allowable as provided in this Chapter. See Louisiana Revised Statutes 11:403
  • Dealer: means a person authorized by the manufacturer and actively engaged in the business of buying, selling, or exchanging new automobiles, new personal watercraft, or new all-terrain vehicles at retail and who has an established place of business. See Louisiana Revised Statutes 51:1941
  • 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 Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
  • Department: means the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Department: means the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372
  • Department: means the Department of Natural Resources of the state of Louisiana. See Louisiana Revised Statutes 51:1602
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2102
  • Department: means the Department of Justice. See Louisiana Revised Statutes 51:1730
  • Department: shall mean the Louisiana Department of Health. See Louisiana Revised Statutes 46:978.1
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:979.2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 46:1192
  • Department of Energy: means the Department of Energy of the United States. See Louisiana Revised Statutes 51:1602
  • 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 agent: means an owner or a manager of an alarm contracting company or single station fire alarm contracting company, a locksmithing services company, or closed circuit television alarm system contracting company who has been assigned the responsibility of submitting any notice required by this Subpart to the state fire marshal. See Louisiana Revised Statutes 40:1664.3
  • 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.
  • Direct supervision: means oversight of a firm's operations by a qualifier or onsite supervision by a licensed technician or specialist of an apprentice or consultant. See Louisiana Revised Statutes 40:1664.3
  • Discharge: means the placing, releasing, spilling, percolating, draining, pumping, leaking, seeping, emitting, or other escaping of pollutants into the air, waters, subsurface water, or ground as the result of a prior act or omission; or the placing of pollutants into pits, drums, barrels, or similar containers under conditions and circumstances that leaking, seeping, draining, or escaping of the pollutants can be reasonably anticipated. See Louisiana Revised Statutes 30:2004
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • District: means the St. See Louisiana Revised Statutes 33:3077
  • District: means the healthcare service district authorized in this Chapter. See Louisiana Revised Statutes 46:1192
  • Division: means the division of administration in the office of the governor. See Louisiana Revised Statutes 30:2412
  • Division: means the division of state police in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372
  • Docket: A log containing brief entries of court proceedings.
  • Documentary material: means the original or a copy of any book, record, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated. See Louisiana Revised Statutes 51:1402
  • Donor: The person who makes a gift.
  • door hardware: means stand alone electro/mechanical locks, latches, exit hardware, closures, and hinges mounted onto doors intended to operate and secure the door properly. See Louisiana Revised Statutes 40:1664.3
  • DOT: means the United States Department of Transportation. See Louisiana Revised Statutes 40:1664.3
  • Educational institution: means a public or private educational institution or a separate school or department of a public or private educational institution and includes but is not limited to the following:

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

  • Elder person: means any person sixty-five years of age or older. See Louisiana Revised Statutes 51:1402
  • electric public utility: as used in this Chapter means any person furnishing electric service within this state, the parish of Orleans excepted, including any electric cooperative transacting business in this state, provided, however, that said term shall not be construed to apply to any person owning, leasing and/or operating an electric generation facility provided such person is not primarily engaged in the generation, transmission, distribution, and/or sale of electricity, and provided that such person:  (a) consumes all of the electric power and energy generated by such facility for its own use at the site of generation or at some other location if mutually acceptable agreements to transport such electric power and energy can be reached with each electric public utility whose transmission facilities would be electrically utilized therefor, provided, however, notwithstanding any provision contained herein, there shall be no obligation or duty, expressed or implied, to purchase, to sell, to transport, or to engage in any other type of transaction with respect to the electric power and energy that may be generated by such person, imposed upon any public utility by this Section except as shall be provided in the cogeneration rules and regulations adopted by the Louisiana Public Service Commission pursuant to the Public Utility Regulatory Policies Act of 1978; or, (b) only consumes a portion thereof in such manner and sells the entire remaining portion of such electric power and energy generated to an electric public utility as herein defined; or, (c) sells the entire production of electric power and energy generated by such facility to an electric public utility as herein defined. See Louisiana Revised Statutes 45:121
  • Electronic communications device: means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device. See Louisiana Revised Statutes 51:1952
  • Emergency: means any condition existing outside of the bounds of nuclear operating sites owned or licensed by a federal agency, and any condition existing within or outside of the jurisdictional confines of a facility licensed or registered by the department and arising from the presence of byproduct material, source material, special nuclear material, or any other radioactive material, or source of radiation, which is endangering or could reasonably be expected to endanger the health and safety of the public or to contaminate the environment. See Louisiana Revised Statutes 30:2103
  • emergency services dispatcher: shall include individuals with and without the ability to provide medical advice as provided by La. See Louisiana Revised Statutes 40:1372
  • Employee: means any employee of the division of state police in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372
  • Employee: means a person who performs services for wages or salary and receives a W-2 tax form from his employer. See Louisiana Revised Statutes 40:1664.3
  • Employee: means any person legally occupying a position in the state service. See Louisiana Revised Statutes 11:403
  • Employee: means a person who performs services for wages or salary from his employer. See Louisiana Revised Statutes 40:1484.3
  • 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 a person, including a unit of state or local government, engaged in a business, industry, profession, trade, or other enterprise in this state and includes an agent, representative, or designee of the employer. See Louisiana Revised Statutes 51:1952
  • 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
  • Event: means a private or public organized occasion, where people and entertainment are usually present, which may be celebratory in nature and occurs at a temporary operation location. See Louisiana Revised Statutes 40:1484.3
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • Exemptions: as used in this Chapter shall mean those criteria established through rules and regulations of the Department of Natural Resources, in accordance with federal law and in coordination with the rules of applicable federal agencies to permit a powerplant or industry, when feasible or in the best interest of the state, to postpone or avoid untimely use of coal or other alternate fuel or conversion of its fuel base from natural gas or petroleum to coal or other alternate fuel. See Louisiana Revised Statutes 51:1602
  • Existing high rise buildings: means any building having floor surfaces used for human occupation located more than seventy-five feet above the lowest level of fire department vehicle access constructed before January 1, 1975. See Louisiana Revised Statutes 40:1642
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility: means a pollution source or any public or private property or facility where an activity is conducted which is required to be regulated under this Subtitle and which does or has the potential to do any of the following:

                (a) Emit air contaminants into the atmosphere. See Louisiana Revised Statutes 30:2004

  • 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.
  • False alarm: means a security alarm signal eliciting a response by police when a situation requiring such a response does not exist, including but not limited to the activation or transmission of any alarm signal caused by human error, mechanical or electronic malfunction, negligence of the alarm system user or user's agent or employee, whether or not the exact cause of the alarm activation is determined, or any other activation or transmission of any alarm signal where no actual police emergency exists. See Louisiana Revised Statutes 40:1664.3
  • 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
  • Final project agreement: means the final document agreed upon between the secretary and a program participant that specifically states the terms and duration of the proposed project. See Louisiana Revised Statutes 30:2563
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fire detection and alarm systems: means those assemblies of wiring, electronic transmitting devices, detection devices, and related equipment for the detection of products of combustion or flammable gases, heat and for alerting occupants, including fire department personnel, of a fire emergency. See Louisiana Revised Statutes 40:1664.3
  • Fire hose: means a flexible conduit used to convey water. See Louisiana Revised Statutes 40:1664.3
  • Fire protection sprinkler system: means a system of overhead piping designed in accordance with fire protection engineering standards. See Louisiana Revised Statutes 40:1642
  • Fire protection systems and equipment: means those life safety and property loss systems, whether commercial or residential, intended to protect a structure's occupants or property from the risk and dangers of fire or explosion. See Louisiana Revised Statutes 40:1664.3
  • Fire sprinkler systems and equipment: means those life safety systems intended to protect a structure's occupants or property from the risk and dangers of fire or explosion. See Louisiana Revised Statutes 40:1664.3
  • Firm: means a sole proprietorship, partnership, corporation, limited liability company, or any other entity. See Louisiana Revised Statutes 40:1664.3
  • Firm: means a sole proprietorship, corporation, limited liability company, or similar type of business entity. See Louisiana Revised Statutes 40:1484.3
  • Firm license: means that document authorizing a firm to perform life safety and property protection contracting for those endorsements held. See Louisiana Revised Statutes 40:1664.3
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed fire suppression systems: means those assemblies of piping, conduits, or containers that convey liquid, powder, or gases to dispersal openings or devices protecting one or more hazards by suppressing or extinguishing fires, but shall not include fire sprinkler systems, as defined in this Subpart. See Louisiana Revised Statutes 40:1664.3
  • Fixed operation location: means an operating location wherein amusement devices, amusement attractions, or amusement rides are operated for an indefinite period of time and are not often disassembled and reassembled. See Louisiana Revised Statutes 40:1484.3
  • 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
  • Fraud support unit: means the insurance fraud support unit within the Department of Justice. See Louisiana Revised Statutes 40:1421
  • Fraudulent taking: means the value gained from acts committed by an offender in violation of La. See Louisiana Revised Statutes 30:2412
  • 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
  • Governing board: means the governing board of the healthcare service district. See Louisiana Revised Statutes 46:1192
  • Government agency: means any department, office, council, or agency of the federal, state, or local government, or any public benefit corporation or authority authorized by law. See Louisiana Revised Statutes 51:1361
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • Health care facility: means any hospital, nursing home, extended care facility, long-term care facility, clinical or medical laboratory, state or private health or mental institution, clinic, physician's office, or health maintenance organization. See Louisiana Revised Statutes 30:2573
  • Health information technology: shall mean information technology used in health care, including but not limited to electronic health records/electronic medical records, computerized physician order entry, health information exchange, telemedicine, and other relevant information technology deemed appropriate by the secretary of the department. See Louisiana Revised Statutes 46:978.1
  • High voltage: means a voltage in excess of six hundred volts between conductors, or between any conductor and the ground. See Louisiana Revised Statutes 45:141
  • High-level waste: means that waste resulting from the reprocessing of spent fuel rods or unreprocessed spent fuel rods. See Louisiana Revised Statutes 30:2103
  • Hospital: means any institution, place, building, or agency, public or private, whether for profit or not, with facilities for the diagnosis, treatment, or care of persons who are suffering from illness, injury, infirmity, or deformity or other physical condition for which obstetrical, medical, or surgical services would be available and appropriate and which operates or is affiliated with facilities for the overnight care, observation, or recovery of those persons. See Louisiana Revised Statutes 40:2102
  • Household fire warning system specialist: means an individual licensed to certify, inspect, install, integrate, and service household fire warning systems. See Louisiana Revised Statutes 40:1664.3
  • Implementation plan: means any pollution control or other environmental regulatory plan prepared by a state agency in compliance with the terms of the Clean Air Act (42 U. See Louisiana Revised Statutes 30:2004
  • Improper means: includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Louisiana Revised Statutes 51:1431
  • 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
  • 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
  • Individual license: means that document authorizing an individual to perform life safety and property protection contracting for those endorsements held. See Louisiana Revised Statutes 40:1664.3
  • Inflatable amusement device: means any amusement attraction that incorporates a structural and mechanical system that employs a high-strength fabric or film that achieves its strength, shape, and stability by pretensioning with internal air pressure for activities including, but not limited to bouncing, climbing, sliding, or interactive play, which may or may not be enclosed. See Louisiana Revised Statutes 40:1484.3
  • Inspect: means a visual examination of life safety and property protection systems or equipment to verify that it appears to be in operating condition and is free of physical damage. See Louisiana Revised Statutes 40:1664.3
  • inspection: means the thorough physical examination and functional testing of an inflatable amusement device, amusement attraction, or amusement ride and its component parts necessary to ensure that the device, attraction, or ride complies with all applicable adopted laws, rules, standards, and corresponding manufacturer's installation manuals, maintenance and service repair bulletins, or notices. See Louisiana Revised Statutes 40:1484.3
  • Install: means the initial placement of life safety and property protection systems or equipment or an extension of such after initial placement. See Louisiana Revised Statutes 40:1664.3
  • Insurance fraud: means any commission or attempted commission of criminal acts or practices as provided in La. See Louisiana Revised Statutes 40:1421
  • Insurance fraud section: means the insurance fraud section within the Louisiana Department of Insurance. See Louisiana Revised Statutes 40:1421
  • Insurance policy: means a contract or other written instrument between an insured and insurer setting forth the obligations and responsibilities of each party. See Louisiana Revised Statutes 40:1421
  • Insurance professional: means an adjuster, agent, managing general agent, surplus lines broker, reinsurance intermediary, insurance consultant, broker, or attorney-in-fact. See Louisiana Revised Statutes 40:1421
  • Insured: means any person covered by an insurance policy. See Louisiana Revised Statutes 40:1421
  • Insurer: means any person or company subject to regulation pursuant to Title 22 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 40:1421
  • Integrate: means the act of utilizing accepted and approved life safety and property protection systems or equipment and components in accordance with manufacturers' direction to develop a unified and functioning system meeting applicable NFPA codes and standards. See Louisiana Revised Statutes 40:1664.3
  • 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
  • intrusion alarm system: means an alarm, alarm system, or portion of such an alarm or system intended to detect an unauthorized entry or other emergency, not including a fire, in a structure. See Louisiana Revised Statutes 40:1664.3
  • investigation: means the thorough physical examination of an inflatable amusement device, amusement attraction, or amusement ride and its component parts by the office of state fire marshal in response to a complaint or an accident, which may or may not have resulted in injury or death, to determine the cause of the accident. See Louisiana Revised Statutes 40:1484.3
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Kitchen suppression specialist: means an individual licensed to certify, inspect, install, integrate, and service pre-engineered fire suppression systems protecting kitchen appliances. See Louisiana Revised Statutes 40:1664.3
  • Knowingly: means that the act or practice used was such that a reasonably prudent businessman knew or should have known that the act or practice was a violation of this Chapter. See Louisiana Revised Statutes 51:1402
  • LATIFPA: means the Louisiana Automobile Theft and Insurance Fraud Prevention Authority within the Louisiana Department of Insurance. See Louisiana Revised Statutes 40:1421
  • Law clerk: Assist judges with research and drafting of opinions.
  • 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.
  • 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.
  • Levee and drainage district: means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, drainage, and all other things incidental thereto within its territorial limits. See Louisiana Revised Statutes 38:281
  • Levee district: means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, and all other things incidental thereto within its territorial limits. See Louisiana Revised Statutes 38:281
  • Licensee: means any person who is licensed by the department in accordance with this Chapter and regulations promulgated by the secretary. See Louisiana Revised Statutes 30:2103
  • Licenses: means general licenses and specific licenses. See Louisiana Revised Statutes 30:2103
  • Life safety and property protection contracting: means performing certification, inspection, installation, integration, programming, sale, or service of systems and equipment designed to protect life and property. See Louisiana Revised Statutes 40:1664.3
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Locksmith technician: means an individual who sells, repairs, rebuilds, recodes, services, adjusts, installs, manipulates, or bypasses a special locking system, mechanical locking device or electronic locking devices for controlled access or egress to premises, safes, vaults, safe doors, lock boxes, automatic teller machines, or other devices for safeguarding areas or certifies, inspects, installs, integrates, sells and services closed circuit television alarm systems. See Louisiana Revised Statutes 40:1664.3
  • 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 any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture which produces a mercury-added product or an importer or domestic distributor of a mercury-added product produced in a foreign country. See Louisiana Revised Statutes 30:2573
  • Manufacturer: means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles. See Louisiana Revised Statutes 51:1941
  • Master plan: means a specific scheme or plan detailing the number of floors, total square footage, present occupancy and a proposed completion date of each phase and completion date of total compliance with the requirement of this Subpart. See Louisiana Revised Statutes 40:1642
  • Mayor-president: means the mayor-president of the city of Baton Rouge and parish of East Baton Rouge. See Louisiana Revised Statutes 33:3077
  • Mechanical locks: means a mechanical device or door hardware intended to control access or egress to or from a structure or area. See Louisiana Revised Statutes 40:1664.3
  • Medicaid: means the medical assistance program provided for in Title XIX of the Social Security Act. See Louisiana Revised Statutes 46:979.2
  • Medical home system of care: shall mean a health care delivery system that is patient and family centered and is guided by a personal primary care provider who coordinates and facilitates preventive and primary care that improves patient outcomes in the most cost-efficient manner possible. See Louisiana Revised Statutes 46:978.1
  • Medium truck tire: means a tire weighing one hundred pounds or more and normally used on semitrailers, truck-tractor, semitrailer combinations or other like vehicles used primarily to commercially transport persons or property on the roads of this state or any other vehicle regularly used on the roads of this state. See Louisiana Revised Statutes 30:2412
  • Meeting: means a duly called meeting of the membership of a board when payment of per diem is authorized and such meeting is called for the express purpose of discussing activities or plans pertinent to the functions of the levee board itself. See Louisiana Revised Statutes 38:281
  • Member: means any person included in the membership of the system. See Louisiana Revised Statutes 11:403
  • member: means a person who contracts for the use of physical fitness services. See Louisiana Revised Statutes 51:1576
  • Mercury fever thermometer: means a mercury-added product that is used for measuring body temperature. See Louisiana Revised Statutes 30:2573
  • Mercury-added novelty: means a mercury-added product intended mainly for personal or household enjoyment or adornment. See Louisiana Revised Statutes 30:2573
  • Mercury-added product: means a product, commodity, chemical, or a product with a component that contains mercury or a mercury compound intentionally added to the product, commodity, chemical, or component in order to provide a specific characteristic, appearance, or quality or to perform a specific function or for any other reason. See Louisiana Revised Statutes 30:2573
  • Misappropriation: means :

    (a)  acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

    (b)  disclosure or use of a trade secret of another without express or implied consent by a person who:

    (i)  used improper means to acquire knowledge of the trade secret; or

    (ii)  at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

    (aa)  derived from or through a person who had utilized improper means to acquire it;

    (bb)  acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

    (cc)  derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

    (iii)  before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Louisiana Revised Statutes 51:1431

  • Motor vehicle: means an automobile, motorcycle, all-terrain vehicle, and utility terrain vehicle that is operated either on-road or off-road, truck, trailer, semitrailer, truck-tractor and semitrailer combination, or any other vehicle operated in this state, and propelled by power other than muscular power; but the term does not include bicycles and mopeds. See Louisiana Revised Statutes 30:2412
  • Motor vehicle: means a passenger motor vehicle or a passenger and commercial motor vehicle as defined in La. See Louisiana Revised Statutes 51:1941
  • Municipal tax: means the two percent sales and use tax levied by the city of St. See Louisiana Revised Statutes 33:3077
  • Municipality: means the city of St. See Louisiana Revised Statutes 33:3077
  • NAARSO: means the National Association of Amusement Ride Safety Officials. See Louisiana Revised Statutes 40:1484.3
  • 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
  • Newspaper: means a publication that during each year of the five-year period prior to the first publication of any legal or official notice therein:

    (i)  Has been published at regular intervals of not less than weekly. See Louisiana Revised Statutes 43:200

  • NFPA: means the National Fire Protection Association. See Louisiana Revised Statutes 40:1664.3
  • Noise: means the intensity, duration, and the character of sounds from all sources. See Louisiana Revised Statutes 30:2053
  • Nonconformity: means any specific or generic defect or malfunction, or any defect or condition which substantially impairs the use, market value or both of a motor vehicle. See Louisiana Revised Statutes 51:1941
  • NORM waste: means solid, liquid, or gaseous material or a combination of materials, excluding source material, special nuclear material, and byproduct material that has the following characteristics or qualities:

    (a)  Spontaneously emits radiation in its natural physical state. See Louisiana Revised Statutes 30:2103

  • Off-road tire: means a tire weighing one hundred pounds or more and that is normally used on off-road vehicles. See Louisiana Revised Statutes 30:2412
  • Off-road vehicle: means construction, farming, industrial, mining, and other vehicles not normally operated on the roads of this state. See Louisiana Revised Statutes 30:2412
  • Office: means the newspaper's principal public business office and need not be the place at which the newspaper's printing presses are physically located. See Louisiana Revised Statutes 43:200
  • Office: means the office of broadband development and connectivity. See Louisiana Revised Statutes 51:1361
  • Office: means the office under the direction of the executive director of broadband development and connectivity. See Louisiana Revised Statutes 51:1372
  • Officer: means the president, vice president, secretary, treasurer, comptroller, or any other person who performs functions for a life safety and property protection contracting firm corresponding to those performed by those officers. See Louisiana Revised Statutes 40:1664.3
  • Oil recycling: means to prepare used oil for reuse as a petroleum product by rerefining, reclaiming, reprocessing, or other means or to use used oil in a manner that substitutes for a petroleum product made from new oil, specifically including the use of used oil as a fuel oil, provided the used oil meets all applicable rules and regulations. See Louisiana Revised Statutes 30:2412
  • Operate: means to manage and coordinate an inflatable amusement device, amusement attraction, or amusement ride at an event or a fixed operation location. See Louisiana Revised Statutes 40:1484.3
  • Operating location: means a physical address that houses an entity that performs life safety and property protection contracting. See Louisiana Revised Statutes 40:1664.3
  • Operator: means a person or firm who may or may not own the inflatable amusements devices, amusement attractions, or amusement rides who is managing, coordinating, or has the duty to control the operation of the inflatable amusements devices, amusement attractions, or amusement rides at an event or a fixed operation location. See Louisiana Revised Statutes 40:1484.3
  • Orleans Levee District: shall mean the levee district and political subdivision of the state which is referred to as the "Orleans Levee District" the "Board of Commissioners of the Orleans Levee District" or the "Orleans Levee Board". See Louisiana Revised Statutes 38:281
  • Other alternate fuel: as used in this Chapter shall mean some fuel other than natural gas, coal, and with the exceptions stated in the Federal Powerplant and Industrial Fuel Use Act of 1978, oil. See Louisiana Revised Statutes 51:1602
  • Outlet: means a separate location of a center which is not physically connected with another center but which may use the same name or may be operated by the same person or organization. See Louisiana Revised Statutes 51:1576
  • Overhead line: means all bare or insulated electrical conductors installed above ground, except those conductors that are de-energized and grounded or that are enclosed in rigid metallic conduits. See Louisiana Revised Statutes 45:141
  • Owner: means any person who owns or is a co-owner of a timeshare interest. See Louisiana Revised Statutes 9:1131.2
  • Owner: means a person or firm, or the agent of a person or firm, who owns an amusement attraction, amusement ride, or more than two inflatable amusement devices, and at least one of the person's or firm's inflatable amusement devices, amusement attractions, or amusement rides is utilized in this state. See Louisiana Revised Statutes 40:1484.3
  • 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
  • Parish: means East Baton Rouge Parish. See Louisiana Revised Statutes 33:3077
  • Pay-per-call service: means any passive, interactive, polling, or other similar audiotext service that is accessed through a seven or ten digit telephone number that is provided for a charge to a caller through an exclusive telephone number prefix or service access code. See Louisiana Revised Statutes 51:1730
  • Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
  • Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, an interstate body, or the federal government or any agency of the federal government. See Louisiana Revised Statutes 30:2412
  • Person: means an individual, partnership, corporation, or other legal entity. See Louisiana Revised Statutes 9:1131.2
  • Person: means a natural person or individual. See Louisiana Revised Statutes 40:1664.3
  • Person: means any natural or juridical person, including corporations. See Louisiana Revised Statutes 51:1361
  • Person: means a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity. See Louisiana Revised Statutes 51:1402
  • Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Louisiana Revised Statutes 51:1431
  • Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. See Louisiana Revised Statutes 51:1602
  • Person: means an individual, association, joint venture, partnership, corporation, limited liability company, political subdivision, municipality, or public or private organization of any character, including any agency, department, board, bureau, office, commission, district, corporation, and quasi-public corporation of the federal, state, municipal, or local government. See Louisiana Revised Statutes 40:1615
  • Person: means the state, and any political subdivision or municipal corporation thereof, an individual, firm, partnership, corporation, company, association or joint stock association, or the legal successor thereof. See Louisiana Revised Statutes 40:2102
  • Person: means an individual, proprietorship, corporation, club, or other legal entity. See Louisiana Revised Statutes 30:2053
  • Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission or federal government agencies licensed by the United States Nuclear Regulatory Commission. See Louisiana Revised Statutes 30:2103
  • Person with a disability: means a person with a mental, physical, or developmental disability that substantially impairs that person's ability to provide adequately for his own care or protection. See Louisiana Revised Statutes 51:1402
  • Personal online account: means an online account that the employee, applicant for employment, student, or prospective student uses exclusively for personal communications unrelated to any business purpose of the employer or educational institution. See Louisiana Revised Statutes 51:1952
  • Physical fitness services: means facilities or services for the development of physical fitness through exercise or weight control. See Louisiana Revised Statutes 51:1576
  • pilot: means a Bar Pilot for the Port of New Orleans, as designated in La. See Louisiana Revised Statutes 34:941
  • Plan: means the Louisiana First America Next Freedom and Empowerment Plan established by this Chapter. See Louisiana Revised Statutes 46:979.2
  • Plastic bottle: means a plastic container that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons. See Louisiana Revised Statutes 30:2412
  • Police employee: means any employee who is assigned to police work as a peace officer pursuant to La. See Louisiana Revised Statutes 40:1372
  • Pollutant: means those elements or compounds defined or identified as hazardous, toxic, or noxious, or as hazardous, solid, or radioactive wastes under this Subtitle and regulations, or by the secretary, consistent with applicable laws and regulations. See Louisiana Revised Statutes 30:2004
  • Pollution source: means the immediate site or location of a discharge or potential discharge, including such surrounding property necessary to secure or quarantine the area from access by the general public. See Louisiana Revised Statutes 30:2004
  • Portable fire extinguisher: means any portable device that contains liquid, powder, or gases for suppressing or extinguishing fires. See Louisiana Revised Statutes 40:1664.3
  • Portable fire extinguisher and fire hose technician: means an individual licensed to certify, inspect, install, and service portable fire extinguishers and fire hoses. See Louisiana Revised Statutes 40:1664.3
  • Powerplant: as used in this Chapter means a stationary electric generating unit consisting of a boiler, gas turbines, or combined cycle unit that produces electricity for sale or exchange or self-generated use. See Louisiana Revised Statutes 51:1602
  • Pre-engineered fire suppression specialist: means an individual licensed to certify, inspect, install, integrate, and service pre-engineered fire suppression systems. See Louisiana Revised Statutes 40:1664.3
  • Pre-engineered fire suppression system: means packaged fire suppression systems which consist of system components intended to be installed according to pre-tested limitations as approved or listed by a testing laboratory. See Louisiana Revised Statutes 40:1664.3
  • 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.
  • 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.
  • Principal: includes a person or entity entitled to exercise the prerogatives or indicia of ownership or control of a property protection firm whether by direct action, assignment, or any other kind of substitution or subrogation. See Louisiana Revised Statutes 40:1664.3
  • Processed: means any method or activity that alters whole waste tires so that they are no longer whole; such as, cutting, slicing, chipping, shredding, distilling, freezing, or other processes as determined by the administrative authority. See Louisiana Revised Statutes 30:2412
  • Project: includes but is not limited to condominiums and cooperative housing corporations. See Louisiana Revised Statutes 9:1131.2
  • Project Costs: means all costs necessary for the planning, development, acquisition, construction, extension, or improvement of a revenue bond project, including site acquisition and preparation and installation of utilities, architectural, engineering, supervising, accounting, inspection, legal, and financing fees and costs, preparation of feasibility studies and reports, interest on revenue bonds and notes during construction and for a reasonable period thereafter, establishment of reserves to secure the bonds and notes, and all other expenditures incidental and necessary or convenient therefor. See Louisiana Revised Statutes 51:1602
  • Property protection systems and equipment: means those life safety and property protection systems intended to protect lives and property from the risk of theft, unauthorized entry, or other physical harm to a structure's occupants or property. See Louisiana Revised Statutes 40:1664.3
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • provider of Internet service: means a facilities-based provider or other entity that provides residential consumers with the ability to access the Internet in exchange for consideration such as through a paid subscription or through an agreement to view specific ads or content in exchange for Internet access, provided, however, this term does not include an entity that provides access to the Internet using spectrum regulated by the Federal Communications Commission pursuant to 47 U. See Louisiana Revised Statutes 51:1425
  • Public agency: means any agency or political subdivision of the state which provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services. See Louisiana Revised Statutes 45:792
  • 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 safety agency: means a functional division of a public agency which provides firefighting, police, medical, or other emergency services. See Louisiana Revised Statutes 45:792
  • Public sanitary sewerage system: means a privately or publicly owned system intended to provide for the collection, conveyance, or treatment of waste water and other sewage for the public or such facilities owned by the public, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. See Louisiana Revised Statutes 30:2073
  • 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
  • Qualifier: means a person who possesses the appropriate training or experience credentials enabling a firm to obtain a life safety and property protection license. See Louisiana Revised Statutes 40:1664.3
  • Radiation: means any electromagnetic or ionizing radiation including gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but does not include sound waves. See Louisiana Revised Statutes 30:2103
  • Radioactive material: means any material, whether solid, liquid, or gas, which emits radiation spontaneously. See Louisiana Revised Statutes 30:2103
  • Radioactive waste: means radioactive material, other than exploration and production waste as defined in LAC 43:XIX. See Louisiana Revised Statutes 30:2103
  • range: means an area designed and operated primarily for: persons using or discharging rifles, shotguns, pistols, revolvers, or black powder weapons; archery; air rifles; silhouettes; skeet ranges; trap ranges; or any other similar sport shooting, if such area is designed and constructed in accordance with the then current publication of the National Rifle Association of America, or its successor, entitled "The Range Manual". See Louisiana Revised Statutes 30:2053
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recipient: means the person who has received assistance under this Title. See Louisiana Revised Statutes 46:1
  • Reclaiming: means the use of methods, other than those used in rerefining, to purify used oil primarily to remove insoluble contaminants, making the oil suitable for further use; which may include settling, heating, dehydration, filtration, distillation, or centrifuging. See Louisiana Revised Statutes 30:2412
  • Recovered materials: means those materials which have known recycling potential, can be feasibly recycled, and have been diverted or removed from the solid waste stream for sale, use, or reuse, by separation, collection, or processing. See Louisiana Revised Statutes 30:2412
  • Recovered paper: means paper generated beyond the papermaking process which is subsequently recycled. See Louisiana Revised Statutes 30:2412
  • Recycled content: means materials that contain a percentage of post-consumer materials as determined by the department in the products or materials to be procured, including but not limited to paper, aluminum, glass, and composted materials. See Louisiana Revised Statutes 30:2412
  • Recycling: means any process by which nonhazardous solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. See Louisiana Revised Statutes 30:2412
  • Registration: means the identification of any material or device capable of emitting radiation, together with such other information as the owner of such material or device is required to furnish by rules and regulations adopted pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 30:2103
  • Regulatory flexibility: means that a qualified participant in a regulatory innovations program may be exempted by the secretary from regulations promulgated by the department under this Chapter consistent with federal law and regulation. See Louisiana Revised Statutes 30:2563
  • 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).
  • Rerefining: means the use of refining processes on used oil to produce high-quality base stocks for lubricants or other petroleum products. See Louisiana Revised Statutes 30:2412
  • Respondent: means the person against whom an enforcement action is directed. See Louisiana Revised Statutes 30:2004
  • Retirement: means termination of active service, with a retirement allowance granted under the provisions of this Chapter. See Louisiana Revised Statutes 11:403
  • Revenue Bond Projects: means any one or more of the facilities authorized to be financed by the issuance of revenue bonds pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 51:1602
  • Revenue Bonds: means any bonds or notes issued pursuant to this Chapter. See Louisiana Revised Statutes 51:1602
  • Revenues: include fees, proceeds, moneys, receipts, and income derived for the account of the Department of Natural Resources in connection with any revenue bond project or arising from such project. See Louisiana Revised Statutes 51:1602
  • Secretary: means the secretary of the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
  • Secretary: means the secretary of the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
  • Secretary: means the secretary of the Department of Natural Resources of the state of Louisiana or such persons as he may authorize to act for him as provided in La. See Louisiana Revised Statutes 51:1602
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:2102
  • Secretary: shall mean the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 46:978.1
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 46:979.2
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 46:1192
  • Secretary of Energy: means the secretary of the United States Department of Energy. See Louisiana Revised Statutes 51:1602
  • Security sales specialist: means an individual licensed to sell or specify security systems and equipment. See Louisiana Revised Statutes 40:1664.3
  • Security systems and equipment: means those life safety and property protection systems intended to protect lives and property from the risk of theft, unauthorized entry, or other physical harm to a structure's occupants or property. See Louisiana Revised Statutes 40:1664.3
  • Security technician: means an individual licensed to certify, inspect, install, integrate, sell, and service security systems and equipment or special locking systems. See Louisiana Revised Statutes 40:1664.3
  • Sell: means to solicit another on behalf of a property protection firm by any means, including but not limited to telephone or electronic device, public notice or advertisement, door-to-door or any other type of personal interaction. See Louisiana Revised Statutes 40:1664.3
  • Service: means to repair or maintain. See Louisiana Revised Statutes 40:1664.3
  • Service of process: The service of writs or summonses to the appropriate party.
  • Set-up inspection: means a review of all necessary documents, including service and repair documents, the observation of and examination of the assembly, set-up, and operation of an inflatable amusement device, amusement attraction, or amusement ride, and an inspection of the foundation, blocking, fuel containers, and mechanical and electrical conditions of such a device, attraction, or ride. See Louisiana Revised Statutes 40:1484.3
  • Set-up inspector: means the person licensed by the office of state fire marshal to conduct the set-up inspection prior to the opening of an amusement attraction or prior to the operation of an inflatable amusement device or amusement ride at each event. See Louisiana Revised Statutes 40:1484.3
  • Solid waste: means any garbage, refuse, sludge, and other discarded material, including those in a solid, liquid, or semisolid state resulting from residential, community, or commercial activities. See Louisiana Revised Statutes 30:2412
  • Sophisticated system: means a basic system with the additional capability of automatic identification of the caller's number, holding the incoming call, reconnection on the same telephone line, clearing a telephone line or automatic call routing or combinations of such capabilities. See Louisiana Revised Statutes 45:792
  • Source material: means uranium or thorium, or any combination thereof, in any physical or chemical form, or ores which contain by weight one-twentieth of one percent or more of uranium, thorium, or any combination thereof, but source material does not include special nuclear material. See Louisiana Revised Statutes 30:2103
  • Source of radiation: means any radioactive material or any device or equipment emitting or capable of producing radiation. See Louisiana Revised Statutes 30:2103
  • Special locking specialist: means an individual who certifies, designs, inspects, installs, integrates, sells, or services a special locking system protecting a controlled access area or egress to premises. See Louisiana Revised Statutes 40:1664.3
  • Special locking systems: means an electro-mechanical lock, electronic lock, or electronic locking arrangement intended to control access or egress to a structure or area. See Louisiana Revised Statutes 40:1664.3
  • Special nuclear material: means either of the following:

    (a)  Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the United States Nuclear Regulatory Commission, pursuant to the provisions of Section 51 of the Atomic Energy Act of 1954, as amended, determines to be special nuclear material, but does not include source material. See Louisiana Revised Statutes 30:2103

  • Specialist: means an individual who is trained and certified to perform life safety and property protection contracting within a specific limited endorsement. See Louisiana Revised Statutes 40:1664.3
  • Specialty endorsement: means a narrow category of license authorizing its holder to perform only one aspect of life safety and property protection contracting. See Louisiana Revised Statutes 40:1664.3
  • Specific license: means a license issued after application to the department to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, byproduct, source, or special nuclear materials, technologically enhanced natural radioactive material, or other radioactive material occurring naturally or produced artificially. See Louisiana Revised Statutes 30:2103
  • Sponsor: means an individual, corporation, association, partnership, or other entity that sells a pay-per-call service on whose behalf charges are billed, but shall not include a public utility regulated by the state or the Federal Communications Commission or an interexchange carrier which provides transport or billing, or both, and collection services for a pay-per-call service, unless the public utility or interexchange carrier actually produces or promotes the pay-per-call service. See Louisiana Revised Statutes 51:1730
  • 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 fire marshal: means the Department of Public Safety and Corrections, office of state fire marshal, code enforcement and building safety, and its authorized representatives empowered to enforce the provisions of this Subpart. See Louisiana Revised Statutes 40:1664.3
  • State Plan: means a program or plan of the state of Louisiana planned, prepared, established, and administered by the Department of Natural Resources to implement the intent and purposes of this Chapter. See Louisiana Revised Statutes 51:1602
  • street: as used in this Part shall mean any public highway, boulevard, esplanade, square or street, or any part or side of the same, within the limits of any incorporated municipality having a population in excess of fifty thousand inhabitants. See Louisiana Revised Statutes 33:3721
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscriber: means any person or entity in whose name a telephone account is billed. See Louisiana Revised Statutes 51:1730
  • Substantial change in use: means the current primary use of the facility no longer represents the activity previously engaged in at the site. See Louisiana Revised Statutes 30:2053
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superior environmental performance: means :

    (a)  A significant decrease of pollution to levels lower than the levels currently being achieved by the subject facility under applicable law or regulation, where these lower levels are better than required by applicable law and regulation; or

    (b)  Improved social or economic benefits, as determined by the secretary, to the state while achieving protection to the environment equal to the protection currently being achieved by the subject facility under applicable law and regulation, provided that all requirements under current applicable law and regulation are being achieved by the facility. See Louisiana Revised Statutes 30:2563

  • Support Facility: means any facility providing an intermediate coal or alternate fuel service essential or useful to the use of or conversion to such fuels by powerplants and industries, the availability of which will facilitate economical and orderly use of or conversion to coal or alternate fuel and inure to the benefit of Louisiana citizens using the products produced by the powerplants and industries which utilize the support facility, and which the secretary has determined is required by the public interest of the state to be either licensed by the state under this Chapter, or if no person is interested in obtaining a license and constructing and operating such support facility, is owned and operated by the department as elsewhere provided in this Chapter. See Louisiana Revised Statutes 51:1602
  • System: means the Louisiana State Employees' Retirement System. See Louisiana Revised Statutes 11:403
  • Technical endorsement: means a broad category of license authorizing its holder to perform multiple aspects of life safety and property protection contracting within a certain endorsement. See Louisiana Revised Statutes 40:1664.3
  • Technician: means an individual who is trained and certified to perform life safety and property protection contracting within a technical endorsement. See Louisiana Revised Statutes 40:1664.3
  • Temporary operation location: means an operating location where inflatable amusement devices, amusement attractions, or amusement rides are operated for a finite period of time not to exceed thirty days. See Louisiana Revised Statutes 40:1484.3
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Testing: means the set-up and activation of an inflatable amusement device, amusement attraction, or amusement ride for the purpose of analyzing such device, attraction, or ride and its component parts for safety. See Louisiana Revised Statutes 40:1484.3
  • Testing: means calibration testing, conformance testing, or fixed system testing. See Louisiana Revised Statutes 40:1615
  • Third-party inspector: means a person licensed by the office of state fire marshal to test and inspect inflatable amusement devices, amusement attractions, and amusement rides. See Louisiana Revised Statutes 40:1484.3
  • 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
  • Tire: means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle or off-road vehicle, including the spare tire of such vehicles. See Louisiana Revised Statutes 30:2412
  • 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.
  • Toxic air pollutant: means an air pollutant which, based on scientifically accepted data, is known to cause or can reasonably be anticipated to cause either directly or indirectly through ambient concentrations, exposure levels, bioaccumulation levels, or deposition levels, adverse effects in humans, including but not limited to:

    (i)  Cancer;

    (ii)  Mutagenic, teratogenic, or neurotoxic effects;

    (iii)  Reproductive dysfunction;

    (iv)  Acute health effects; and

    (v)  Chronic health effects. See Louisiana Revised Statutes 30:2053

  • Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

    (a)  derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and

    (b)  is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Louisiana Revised Statutes 51:1431

  • 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.
  • Treatment works: means any plant or other works which accomplishes the treating, stabilizing, or holding of wastes. See Louisiana Revised Statutes 30:2073
  • 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
  • unit: means the insurance fraud investigation unit within the Department of Public Safety and Corrections, office of state police. See Louisiana Revised Statutes 40:1421
  • 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
  • Used oil: means any oil, whether refined from crude oil or synthetic oil, that has been used and as a result of such use, is contaminated by physical or chemical impurities. See Louisiana Revised Statutes 30:2412
  • Used oil collection facility: means automotive service facilities, governmentally sponsored collection facilities, or other facilities, which in the course of business accept for disposal of five gallons or less of used oil from the general public, all as is more fully set forth by rule, and which store used oil in tanks or containers approved by the department. See Louisiana Revised Statutes 30:2412
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Variance: means a special authorization granted to a person for a limited period of time which allows that person a specified date for compliance with a requirement pursuant to the provisions of this Subtitle. See Louisiana Revised Statutes 30:2004
  • Verdict: The decision of a petit jury or a judge.
  • Violation: means a failure to comply with the requirements of this Subtitle, the rules issued under this Subtitle, and conditions of permits under this Subtitle. See Louisiana Revised Statutes 30:2004
  • Waste tire: means a whole tire that is no longer suitable for its original purpose because of wear, damage, or defect. See Louisiana Revised Statutes 30:2412
  • Waste tire collection center: means a site where used tires are collected from the public prior to being offered for recycling. See Louisiana Revised Statutes 30:2412
  • Waste tire generation: means the replacement of an unserviceable tire with a serviceable tire. See Louisiana Revised Statutes 30:2412
  • Waste tire material: means recovered material produced from whole waste tires which have been processed, unless abandoned or otherwise improperly disposed of in a manner that subjects the material to solid waste regulations. See Louisiana Revised Statutes 30:2412
  • Waste tire processing facility: means a site where equipment is used to cut, burn, or otherwise alter whole waste tires so that they are no longer whole. See Louisiana Revised Statutes 30:2412
  • Wastes: means any material for which no use or reuse is intended and which is to be discarded. See Louisiana Revised Statutes 30:2073
  • water pollution: includes but is not limited to any addition of any pollutant or combination of pollutants to waters of the state from any source, or any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the Gulf of Mexico from any source other than a vessel or other floating craft which is being used as a means of transportation. See Louisiana Revised Statutes 30:2073
  • Waters of the state: means both the surface and underground waters within the state of Louisiana including all rivers, streams, lakes, groundwaters, and all other water courses and waters within the confines of the state, and all bordering waters and the Gulf of Mexico. See Louisiana Revised Statutes 30:2073
  • White goods: means inoperative and discarded refrigerators, ranges, water heaters, freezers, microwave ovens, and other similar domestic and commercial large appliances. See Louisiana Revised Statutes 30:2412
  • 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.