Sections
Part I Medical Malpractice 40:1231.1 – 40:1231.10
Part II Medical Malpractice Coverage 40:1233.1
Part III Malpractice Coverage; State-Employed Physicians, Dentists and Professional Nurses 40:1235.1
Part IV Malpractice Liability for State Services 40:1242 – 40:1241
Part II The Home- and Community-Based Long-Term Care Act 40:1249.2 – 40:1249.4
Part II-A Disability Services: Reporting 40:1250.1 – 40:1250.21
Part II-B Dental Coverage for Persons With Developmental or Intellectual Disabilities 40:1250.31 – 40:1250.32
Part III Medicaid Buy-In Program for Persons With Disabilities 40:1251.1 – 40:1251.6
Part IV Medicaid Transparency 40:1253.1 – 40:1253.5
Part V Telehealth Services in Medicaid 40:1255.1 – 40:1255.2
Part VI Nonemergency Medical Transportation 40:1257.1 – 40:1257.4
Part VII Chimeric Antigen Receptor T-Cell Therapy 40:1258.1 – 40:1258.2

Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 5-D > Subchapter E - Malpractice

  • Accumulated contributions: means the sum of all amounts deducted from a member's compensation and credited to his individual account in the annuity savings fund. See Louisiana Revised Statutes 11:1732
  • Accumulated contributions: means the sum of all amounts deducted from a member's compensation and credited to his individual account in the annuity savings fund. See Louisiana Revised Statutes 11:1902
  • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member and credited to his individual account. See Louisiana Revised Statutes 11:952.1
  • Accumulated employee contributions: means the sum of all amounts deducted from a member's salary and paid to the fund. See Louisiana Revised Statutes 11:1402
  • Acquiring person: means either of the following:

    (a)  A person acquiring tax sale title to a tax sale property. See Louisiana Revised Statutes 47:2122

  • Actuarial equivalent: shall mean a benefit of equal value when computed upon the basis of such mortality and interest tables as shall be adopted by the board of trustees. See Louisiana Revised Statutes 11:1732
  • Actuarial equivalent: means a benefit of equivalent value to the accumulated contributions, annuity or benefits and regular interest, as the case may be, computed on the basis of such mortality and interest tables as shall be adopted by the board of trustees in accordance with the provisions of La. See Louisiana Revised Statutes 11:1402
  • Adjudicated property: means property of which tax sale title is acquired by a political subdivision pursuant to La. See Louisiana Revised Statutes 47:2122
  • Administrative rules and regulations: means rules and regulations that are applicable to a particular marketing order which is issued and made effective by the commissioner pursuant to La. See Louisiana Revised Statutes 3:3502
  • Adopter: means a person who is legally competent to enter into a contract and who is adopting or buying a dog or cat from a releasing agency. See Louisiana Revised Statutes 3:2471
  • Adult: means an individual who has attained the age of twenty-two years. See Louisiana Revised Statutes 9:751
  • 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
  • Adult animal: means any dog or cat that has reached the age of one hundred eighty days or six months or more. See Louisiana Revised Statutes 3:2471
  • Advance fee: means any consideration which is assessed or collected prior to the issuance of a written commitment to make a loan that is binding on the lender, provided that certain conditions precedent are satisfied. See Louisiana Revised Statutes 9:3574.2
  • 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.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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 of the following state departments:

                (a) Department of Children and Family Services. See Louisiana Revised Statutes 49:1402

  • Agreement: means the document of participation between a participating employer and the board, that sets forth the requirements and procedures for covering the employees of such participating employer under this system. See Louisiana Revised Statutes 11:1732
  • Agreement: means the document of participation between a participating employer and the board, that sets forth the requirements and procedures for covering the employees of such participating employer under this system. See Louisiana Revised Statutes 11:1902
  • Alcohol: means fuel grade ethanol or methanol or a mixture of fuel grade ethanol or methanol, excluding denaturant and water that is a minimum of ninety-eight percent ethanol or methanol by volume. See Louisiana Revised Statutes 47:818.2
  • Allegation: something that someone says happened.
  • Ambulance service: means an entity under circumstances in which the provisions of La. See Louisiana Revised Statutes 40:1231.1
  • 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
  • Animal care facility: means an animal control center or animal shelter, maintained by or under contract with any state, parish, or municipality, whose mission or practice is protecting the welfare of animals and the placement of animals in permanent homes or with animal rescue organizations. See Louisiana Revised Statutes 3:2511
  • Animal dealer: means a person who receives payment for the transportation or delivery for transportation of any living or dead animal or who buys, sells, or negotiates the purchase or sale of any living or dead animal for research, teaching, exhibition, or biological supply. See Louisiana Revised Statutes 3:2462
  • Animal rescue organization: means any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, whose mission and practice is the rescue of animals and the placement of those animals in permanent homes, and which does not obtain dogs or cats from a breeder or broker for payment or compensation. See Louisiana Revised Statutes 3:2511
  • Animal shelter: means any building, structure, site, enclosure, or other facility used or operated for the housing or keeping of any stray, homeless, abandoned, or unwanted animals including any facility designated by the parish governing authority for the keeping or housing of any impounded animals. See Louisiana Revised Statutes 3:2462
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: means payments for life derived from the "accumulated contributions" of a member. See Louisiana Revised Statutes 11:701
  • Annuity reserve fund: means the fund in which shall be held the reserves for liabilities of retirees and beneficiaries. See Louisiana Revised Statutes 11:1732
  • Annuity savings fund: means the fund to which all accumulated contributions of members are credited. See Louisiana Revised Statutes 11:1732
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person who applies for designation as a certified market participant. See Louisiana Revised Statutes 3:3703
  • Applicant: means a person or place of business that makes a formal application for a license, permit, certification, registration, or certificate issued pursuant to this Title. See Louisiana Revised Statutes 3:1
  • 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 33:2533
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • arrearages: means amounts of past due and unpaid monthly support obligations established by a court order issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review, or any other judgment created by operation of any state law. See Louisiana Revised Statutes 51:1442
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: means a corporation, or unincorporated association, owned by or composed of the unit owners and through which the unit owners manage and regulate the condominium. See Louisiana Revised Statutes 9:1121.103
  • ASTM: means the American Society for Testing and Materials or ASTM International. See Louisiana Revised Statutes 40:1484.3
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Authenticate: means either of the following:

    (a)  To sign. See Louisiana Revised Statutes 47:2122

  • Authorized agent: means the employee authorized by a participating employer to act as the coordinator between the board and the participating employer. See Louisiana Revised Statutes 11:1732
  • Aviation fuel: means aviation gasoline or aviation jet fuel. See Louisiana Revised Statutes 47:818.2
  • Aviation fuel dealer: means a person who is the operator of an aircraft servicing facility, delivers aviation fuel exclusively into the fuel supply tanks of aircraft or into equipment used solely for servicing aircraft and used exclusively off-highway. See Louisiana Revised Statutes 47:818.2
  • Aviation gasoline: means any gasoline that is intended for or primarily used for propelling aircraft, which is invoiced as aviation gasoline or is received, sold, stored, or withdrawn from storage by any person for the purpose of propelling aircraft. See Louisiana Revised Statutes 47:818.2
  • Aviation jet fuel: means motor fuel designed for use in the operation of jet or turbo-prop aircraft, and sold or used for that purpose. See Louisiana Revised Statutes 47:818.2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bank: means any "insured bank" as such term is defined in Section 3(h) of the Federal Deposit Insurance Act, 12 U. See Louisiana Revised Statutes 6:532
  • Bank holding company: means any company that directly or indirectly controls a bank, and, unless the context requires otherwise, includes a Louisiana bank holding company, an out-of-state bank holding company, or a foreign bank holding company. See Louisiana Revised Statutes 6:532
  • Banking office: means any branch of an out-of-state bank. See Louisiana Revised Statutes 6:532
  • 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
  • Biological supply facility: means any blood bank, laboratory, firm, association, corporation, copartnership, or educational institution that sells biological materials, including blood or living or dead animals, to research facilities, educational institutions, or veterinarians. See Louisiana Revised Statutes 3:2462
  • Blended fuel: means a mixture composed of gasoline or diesel fuel and another liquid, including but not limited to gasoline blend stocks, gasohol, ethanol, methanol, fuel grade alcohol, diesel fuel enhancers and resulting blends, other than a de minimus amount of a product such as carburetor detergent or oxidation inhibitor, that can be used in an internal combustion engine. See Louisiana Revised Statutes 47:818.2
  • Blender: means a person who produces blended motor fuel outside the bulk transfer/terminal system. See Louisiana Revised Statutes 47:818.2
  • Blending: means the mixing of one or more petroleum products, with or without another product, regardless of the original character of the product blended, if the product obtained by the blending is suitable for use in an internal combustion engine. See Louisiana Revised Statutes 47:818.2
  • Board: means the Patient's Compensation Fund Oversight Board created in La. See Louisiana Revised Statutes 40:1231.1
  • Board: means the Louisiana Rice Promotion Board. See Louisiana Revised Statutes 3:3531
  • Board: means the Louisiana Rice Research Board. See Louisiana Revised Statutes 3:3541
  • Board: means the municipal, parish, or fire protection district fire and police civil service board. See Louisiana Revised Statutes 33:2533
  • Board: means the Agricultural Industry Board established by La. See Louisiana Revised Statutes 3:3703
  • Board: means the board of trustees of the Assessors' Retirement Fund. See Louisiana Revised Statutes 11:1402
  • Board of supervisors: means the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
  • board of trustees: means the board of trustees of this system. See Louisiana Revised Statutes 11:1732
  • board of trustees: means the board of trustees of this system. See Louisiana Revised Statutes 11:1902
  • Borrower: means a person obtaining or desiring to obtain a loan of money, a credit card, or a line of credit. See Louisiana Revised Statutes 9:3574.2
  • Breeder: means a person who holds a class A license pursuant to the federal Animal Welfare Act, 7 U. See Louisiana Revised Statutes 3:2511
  • Bulk consumer: means a person who receives into the person's own storage facilities, by transport truck or tank wagon, motor fuel for the person's own consumption. See Louisiana Revised Statutes 47:818.2
  • Bulk plant: means a motor fuel storage and distribution facility other than a retail service station that is not a terminal approved by the Internal Revenue Service and from which motor fuel may be removed at a rack. See Louisiana Revised Statutes 47:818.2
  • Bulk transfer: means any transfer of motor fuel from one location to another by pipeline tender or marine delivery within a bulk transfer/terminal system, including but not limited to the following:

                (a) A marine vessel movement of motor fuel from a refinery or terminal to a terminal. See Louisiana Revised Statutes 47:818.2

  • Business: includes any commercial type activity whether conducted by an individual, firm, partnership, corporation, association or insurance company, provided such commercial type activity is located and doing business within the state of Louisiana. See Louisiana Revised Statutes 51:1101
  • Buyer: means any person who purchases rice at the first point of sale only. See Louisiana Revised Statutes 3:3531
  • Buyer: means any person who purchases rice at the first point of sale only. See Louisiana Revised Statutes 3:3541
  • Cargo tank: means an assembly that is used to transport, haul, or deliver liquids and that consists of a tank having one or more compartments mounted on a wagon, automobile, truck, trailer, or wheels. See Louisiana Revised Statutes 47:818.2
  • Carrier: means an operator of a pipeline or marine vessel engaged in the business of transporting motor fuel above the terminal rack. See Louisiana Revised Statutes 47:818.2
  • Carrier: means any company that provides telecommunications transmission services. See Louisiana Revised Statutes 51:1730
  • Cat: means a member of the Felis catus family. See Louisiana Revised Statutes 3:2511
  • CCC: means the Commodity Credit Corporation. See Louisiana Revised Statutes 3:3541
  • 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
  • Central registry: means the master index maintained by the secretary as provided by this Chapter, reflecting information contained in all effective financing statements, and statements evidencing assignments, amendments, extensions, and cancellations thereof. See Louisiana Revised Statutes 3:3652
  • 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
  • Certified market participant: is a n applicant approved by the board to participate in a cooperative endeavor authorized under this Chapter. See Louisiana Revised Statutes 3:3703
  • Chairman: means the chairman of the commission. See Louisiana Revised Statutes 3:3803
  • 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 support: means any amount required to be paid pursuant to a court order issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review. See Louisiana Revised Statutes 51:1442
  • child support order: means any judgment or order for the support of dependent children issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review. See Louisiana Revised Statutes 51:1442
  • Children: as used in this Part , are defined as children of the firefighter and/or children of the widow of the firefighter who are solely dependent upon the firefighter for their support. See Louisiana Revised Statutes 11:3378
  • Claimant: means a patient or representative or any person, including a decedent's estate, seeking or who has sought recovery of damages or future medical care and related benefits under this Part. See Louisiana Revised Statutes 40:1231.1
  • Claims manager: means the claims manager appointed and employed by the board pursuant to La. See Louisiana Revised Statutes 40:1231.1
  • 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 33:2533
  • 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.
  • Coal: means anthracite and bituminous coal, lignite, and any fuel derivative thereof. See Louisiana Revised Statutes 51:1602
  • Collection: means collecting and refunding the assessments. See Louisiana Revised Statutes 3:3531
  • Collection: means collecting and refunding the assessments. See Louisiana Revised Statutes 3:3541
  • collection agency: means an individual or nongovernmental entity that solicits and contracts directly with obligees to provide child support collection services for compensation. See Louisiana Revised Statutes 51:1442
  • 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
  • Commercial fisherman: means a fisherman licensed as such by the Louisiana Department of Wildlife and Fisheries and registered as such with the Department of Revenue. See Louisiana Revised Statutes 47:818.2
  • Commission: means the Horticulture Commission of Louisiana. See Louisiana Revised Statutes 3:3803
  • Commission merchant: means any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf of another person. See Louisiana Revised Statutes 3:3652
  • Commissioner: means the commissioner of financial institutions for the state of Louisiana. See Louisiana Revised Statutes 6:532
  • Commissioner: means the commissioner of agriculture of the state of Louisiana. See Louisiana Revised Statutes 3:3502
  • Commissioner: means the Commissioner of Agriculture for the state of Louisiana. See Louisiana Revised Statutes 3:3531
  • Commissioner: means the commissioner of agriculture for the state of Louisiana. See Louisiana Revised Statutes 3:3541
  • Commissioner: means the Louisiana Commissioner of Agriculture and Forestry. See Louisiana Revised Statutes 3:3703
  • Commissioner: means the commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:3803
  • commissioner: means the "Commissioner, Louisiana Department of Agriculture. See Louisiana Revised Statutes 3:4201
  • Commissioner: means commissioner of insurance. See Louisiana Revised Statutes 40:1421
  • Commodity: except as otherwise provided in La. See Louisiana Revised Statutes 3:3502
  • Common elements: means the portion of the condominium property not a part of the individual units. See Louisiana Revised Statutes 9:1121.103
  • Common expenses: means :

    (a)  Expenses of administration, maintenance, repair, and replacement of the common elements. See Louisiana Revised Statutes 9:1121.103

  • Community blood center: means any independent nonprofit nonhospital based facility which collects blood and blood products from donors primarily to supply blood and blood components to other health care facilities. See Louisiana Revised Statutes 40:1231.1
  • Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. Source: OCC
  • Company: means any corporation, business trust, partnership, association, or similar organization, including a bank, but shall not include any corporation the majority of the shares of which are owned by the United States or by any state. See Louisiana Revised Statutes 6:532
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compressed natural gas: means natural gas that has been compressed and is advertised, offered for sale, suitable for use, sold, or used as an engine motor fuel. See Louisiana Revised Statutes 47:818.2
  • 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.
  • Condominium property: means all interests in land, improvements thereon, and all servitudes and rights attaching to the condominium. See Louisiana Revised Statutes 9:1121.103
  • Connectivity: means the capacity for the interconnection of platforms, systems, and applications. See Louisiana Revised Statutes 51:1361
  • Consumer: means a natural person who purchases goods, services, or movable or immovable property or rights therein, for a personal, family, or household purpose and includes a purchaser or buyer in a consumer credit sale or transaction made with the use of a seller credit card or otherwise, or a borrower or debtor in a consumer loan, revolving loan account, or a lender credit card. See Louisiana Revised Statutes 9:3516
  • Consumer: 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 loan: means a loan of money or its equivalent made by a supervised financial organization, a licensed lender, or lender in which the debtor is a consumer, and the loan is entered into primarily for personal, family, or household purposes and includes debts created by the use of a lender credit card, revolving loan account, or similar arrangement, as well as insurance premium  financing. See Louisiana Revised Statutes 9:3516
  • 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: A legal written agreement that becomes binding when signed.
  • Contract: means a contract or agreement, as described in La. See Louisiana Revised Statutes 51:1442
  • 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
  • Control: means any of the following:

                (i) The power or ability, directly or indirectly, to vote or cause to be voted twenty-five percent or more of any class of voting securities of a company. See Louisiana Revised Statutes 6:532

  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative endeavor: means a contractual relationship between the state of Louisiana through the board with a person for a public purpose. See Louisiana Revised Statutes 3:3703
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means a Louisiana business development corporation created under this Chapter. See Louisiana Revised Statutes 51:1101
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court: means a court of competent jurisdiction and proper venue over the parties. See Louisiana Revised Statutes 40:1231.1
  • Court: means a court of competent jurisdiction in the parish of the domicile of the minor. See Louisiana Revised Statutes 9:751
  • Credit: includes every claim and demand for money, labor, merchandise and other valuable things. See Louisiana Revised Statutes 47:1702
  • Credit card: means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain credit. See Louisiana Revised Statutes 9:3516
  • Creditable service: means all periods of time for which credit is allowed towards any benefits of this Chapter. See Louisiana Revised Statutes 11:1902
  • Creditor: means any person who holds a security interest in a farm product. See Louisiana Revised Statutes 3:3652
  • Custodial property: means any interest in property transferred to a custodian under this Subpart and the income from and proceeds of that interest in property. See Louisiana Revised Statutes 9:751
  • Custodian: means a person so designated under La. See Louisiana Revised Statutes 9:751
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • dealer: means a person who sells motor fuel at retail or dispenses motor fuel at a retail location to the ultimate consumer. See Louisiana Revised Statutes 47:818.2
  • Debtor: means any person who owns or has an ownership interest in farm products which are subject to a security interest of creditors. See Louisiana Revised Statutes 3:3652
  • Decedent: A deceased person.
  • declaration: means the instrument by which immovable property is made subject to this Part. See Louisiana Revised Statutes 9:1121.103
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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 Louisiana Department of Health. See Louisiana Revised Statutes 40:1250.3
  • Department: means the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1248.1
  • 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 providing funding for medical care for the poor. See Louisiana Revised Statutes 40:1249.2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1255.1
  • Department: means the Department of Children and Family Services, office of children and family services, child support enforcement section. See Louisiana Revised Statutes 51:1442
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1257.1
  • Department: means the Department of Natural Resources of the state of Louisiana. See Louisiana Revised Statutes 51:1602
  • Department: means the Department of Justice. See Louisiana Revised Statutes 51:1730
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Department of Energy: means the Department of Energy of the United States. See Louisiana Revised Statutes 51:1602
  • 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
  • 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.
  • Deposits: means average daily deposits for a continuous period of six months ending on the date the determination of deposits is made. See Louisiana Revised Statutes 6:532
  • Designated beneficiary: means the person most recently designated in writing by a member to receive any benefits to which the member may be entitled. See Louisiana Revised Statutes 11:1402
  • Destination state: means the state, territory, or foreign country to which motor fuel is directed for delivery into a storage facility, a receptacle, a container, or a type of transportation equipment for the purpose of resale or use. See Louisiana Revised Statutes 47:818.2
  • Devise: To gift property by will.
  • Diesel fuel: means any liquid or a combination of liquids blended together that is suitable for or used for the propulsion of diesel-powered engines. See Louisiana Revised Statutes 47:818.2
  • Direct supervision: means giving direction or instruction to and accepting responsibility for the work product of the person being supervised. See Louisiana Revised Statutes 3:3803
  • Disability: means a condition which in the determination of the board renders an employee permanently and totally disabled, by bodily injury or disease, leaving him incapable of any employment, provided that such condition is not, directly or indirectly, the result of military service, engaging in a felonious criminal enterprise, habitual drunkenness or use of narcotics, intentionally self-inflicted injury, or declared war or enemy action. See Louisiana Revised Statutes 11:1732
  • Disability: means a condition which in the determination of the board renders an employee permanently and totally disabled, by bodily injury or disease, from performing the duties and responsibilities of his position; provided, however, that such condition is not, directly or indirectly, the result of military service, engaging in a felonious criminal enterprise, habitual drunkenness or use of narcotics, intentionally self-inflicted injury, or declared war or enemy action. See Louisiana Revised Statutes 11:1902
  • 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:
  • Distributor: means any person who purchases motor fuel from a supplier, permissive supplier, or licensed distributor in this state for subsequent sale and distribution at wholesale to a licensed distributor, retail dealer, or bulk consumer. See Louisiana Revised Statutes 47:818.2
  • Diversion: means the accidental or deliberate transporting of motor fuel from the source to a destination other than the original destination state printed on the shipping document. See Louisiana Revised Statutes 47:818.2
  • Diversion number: means the number assigned by a party authorized to assign the number that relates to a single cargo tank delivery of motor fuel that is diverted from the original destination state printed on the shipping document. See Louisiana Revised Statutes 47:818.2
  • 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
  • Dog: means a member of the Canis familiaris family, or hybrid thereof. See Louisiana Revised Statutes 3:2511
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dyed diesel fuel: means diesel fuel that is required to be dyed pursuant to the requirements of the Internal Revenue Service. See Louisiana Revised Statutes 47:818.2
  • Dyed gasoline: means gasoline that is required to be dyed pursuant to La. See Louisiana Revised Statutes 47:818.2
  • Earnings: means the full amount of compensation earned by a member for service rendered as an employee, excluding bonuses or fees in excess of regular salary or retainer, overtime pay, or payments relative to termination of employment including but not limited to accrued sick or annual leave and severance pay. See Louisiana Revised Statutes 11:1732
  • Earnings: shall mean the full rate of compensation paid to the member (employee); however, in computing the earnings of an employee for retirement purposes, the amount of overtime earnings to be used in the computation of earnings cannot exceed the average amount of overtime earnings received for the six-year period immediately preceding retirement. See Louisiana Revised Statutes 11:1902
  • Effective financing statement: means a written instrument which is an abstract of a security device and which complies with the provisions of La. See Louisiana Revised Statutes 3:3652
  • Elder person: means any person sixty-five years of age or older. See Louisiana Revised Statutes 51:1402
  • Elderly: means an individual who is sixty-five years of age or older. See Louisiana Revised Statutes 40:1249.2
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2533
  • Employee: means a person including an elected official, actively employed by a participating employer on a permanent, regularly scheduled basis of at least an average of thirty-five hours per week. See Louisiana Revised Statutes 11:1732
  • 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 any person who is employed as a permanent employee of a parish who works at least twenty-eight hours a week and whose compensation is paid wholly or partly by said parish, but excluding all persons employed by a parish or city school board, and all persons eligible for any other public retirement system in this state. See Louisiana Revised Statutes 11:1902
  • Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2533
  • Employee: means a person who performs services for wages or salary from his employer. See Louisiana Revised Statutes 40:1484.3
  • Employer: means any parish in the state of Louisiana, except Orleans and East Baton Rouge Parishes, or the police jury or any other governing body of a parish which employs and pays persons serving the parish. See Louisiana Revised Statutes 11:1902
  • Encumbrance: means any lien, privilege, judgment, mortgage, pledge, pawn, claim, charge, or any other encumbrance of like nature. See Louisiana Revised Statutes 3:1
  • Encumbrance certificate: means a written document which lists all effective financing statements affecting a person which have been filed with the filing officer and containing the information required by this Chapter to be transmitted to the secretary for inclusion in the central registry on the date and at the time the certificate is issued and which complies with the provisions of La. See Louisiana Revised Statutes 3:3652
  • 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.
  • Ethanol: means an ethyl alcohol which meets all of the following conditions in that it:

    (a)  Has a purity of at least ninety-nine percent, determined without regard to any added denaturants. See Louisiana Revised Statutes 3:3703

  • euthanize: means the act of inducing a painless death upon an animal in a humane manner. See Louisiana Revised Statutes 3:2462
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executive director: means the executive director of the board, appointed and employed pursuant to La. See Louisiana Revised Statutes 40:1231.1
  • 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
  • Export: means to obtain motor fuel in Louisiana for sale or other distribution in another state, territory, or foreign country. See Louisiana Revised Statutes 47:818.2
  • Exporter: means a person that exports motor fuel from this state. See Louisiana Revised Statutes 47:818.2
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • 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.
  • Farm product: means any type of crop whether growing or to be grown, and whether harvested or unharvested, or any species of livestock, or any type of agricultural commodity or product raised or cultivated of every type and description, including but not limited to cattle, hogs, sheep, horses, bees, rabbits, or poultry, and oysters, crabs, prawns, shrimp, alligators, turtles, and fish raised, produced, cultivated, harvested, or gathered on any beds of bodies of water, whether owned, leased, or licensed by the debtor, grains, beans, vegetables, grasses, legumes, melons, tobacco, cotton, flowers, shrubberies, plants and fruits, nuts and berries, and other similar products whether of trees or other sources, or if they are a product of such crop or livestock in its unmanufactured state, such as seed, ginned cotton, wool-clip, honey, syrup, meat, milk, eggs, and cut, harvested, or standing timber, or supplies used or produced in farming operations, and if they are in the possession, including civil possession as defined in Civil Code Articles 3421 and 3431, of a debtor engaged in planting, producing, raising, cultivating, harvesting, gathering, fattening, grazing, or other farming operations. See Louisiana Revised Statutes 3:3652
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Meat Inspection Act: means the act so entitled approved March 4, 1907, as amended by the Wholesome Meat Act (21 U. See Louisiana Revised Statutes 3:4201
  • Federal Poultry Products Inspection Act: means the act so entitled, approved August 28, 1957 (21 U. See Louisiana Revised Statutes 3:4201
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • Filing officer: means the clerk of court of any parish. See Louisiana Revised Statutes 3:3652
  • Final compensation: means the average monthly earnings during the highest sixty consecutive months or joined months if service was interrupted. See Louisiana Revised Statutes 11:1732
  • 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
  • Firm: means a sole proprietorship, corporation, limited liability company, or similar type of business entity. See Louisiana Revised Statutes 40:1484.3
  • firm: means any partnership, association, or other unincorporated business organization. See Louisiana Revised Statutes 3:4201
  • Fiscal year: shall mean the twelve-month period ending on June 30th of each year. See Louisiana Revised Statutes 11:1732
  • Fiscal year: means July first through June thirtieth of the following year. See Louisiana Revised Statutes 3:3531
  • Fiscal Year: means July 1 through June 30 of the following year. See Louisiana Revised Statutes 3:3541
  • 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.
  • FITAP: means Family Independence Temporary Assistance Program. See Louisiana Revised Statutes 51:1442
  • 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fraud support unit: means the insurance fraud support unit within the Department of Justice. See Louisiana Revised Statutes 40:1421
  • from a state hospital or other state facility: shall mean a patient who presents himself for treatment to any health care provider enumerated in this item after prior arrangements have been made between such a provider and a state hospital or other state facility where that patient has been receiving or has attempted to receive health care and medical services or in circumstances when no prior arrangements have been made or a patient who has attempted to reach or was in transit to such state hospital or facility to receive health care and medical services but was diverted from that intended destination by such hospital or facility because of lack of specialty medical services, treatment availability, or bed capacity, or any combination thereof. See Louisiana Revised Statutes 40:1237.1
  • Fuel grade ethanol: means the ASTM standard in effect on the effective date of this Chapter as the D-4806 specification for denatured motor fuel grade ethanol for blending with gasoline. See Louisiana Revised Statutes 47:818.2
  • Fuel supply tank: means any receptacle on a motor vehicle from which motor fuel is supplied for the propulsion of the motor vehicle. See Louisiana Revised Statutes 47:818.2
  • Fund: means the Assessors' Retirement Fund. See Louisiana Revised Statutes 11:1402
  • 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
  • Gasohol: means a blended motor fuel composed of gasoline and fuel grade alcohol. See Louisiana Revised Statutes 47:818.2
  • Gasoline: means any liquid or combination of liquids blended together, offered for sale, sold, or used as the fuel for a gasoline-powered engine. See Louisiana Revised Statutes 47:818.2
  • Gasoline blend stocks: means any petroleum product component of gasoline, including naphtha, reformate, or toluene, listed in Treasury Regulation Section 48. See Louisiana Revised Statutes 47:818.2
  • General rules and regulations: means those which are applicable to all marketing orders and marketing agreements and are issued by the commissioner to provide uniform methods to facilitate the administration and enforcement of all such marketing orders and marketing agreements. See Louisiana Revised Statutes 3:3502
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • Governmental institutional provider: means either of the following:

                (a) A nonstate governmental hospital, licensed in accordance with the Hospital Licensing Law, La. See Louisiana Revised Statutes 40:1248.1

  • Governmental lien: means all liens imposed by law upon immovable property in favor of any political subdivision and filed in the mortgage records, including without limitation, those imposed under La. See Louisiana Revised Statutes 47:2122
  • Gross gallons: means the total measured product, exclusive of any temperature or pressure adjustments, considerations, or deductions, in United States gallons. See Louisiana Revised Statutes 47:818.2
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Handler: means any person that is engaged as a distributor or any person that is engaged as a processor. See Louisiana Revised Statutes 3:3502
  • Handler: means any person engaged in the business of handling rice. See Louisiana Revised Statutes 3:3531
  • Handler: means any person engaged in the business of handling rice. See Louisiana Revised Statutes 3:3541
  • Handling: means engaging in the business of a handler as defined in Paragraph (9). See Louisiana Revised Statutes 3:3502
  • Health care: means any act or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement, or during or relating to or in connection with the procurement of human blood or blood components. See Louisiana Revised Statutes 40:1231.1
  • Health care: means any act or treatment which was performed or furnished or which should have been performed or furnished by any person covered by this Part for, to, or on behalf of, a patient during the medical care, treatment or confinement of the patient. See Louisiana Revised Statutes 40:1237.1
  • Health care provider: means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution licensed or certified by this state to provide health care or professional services as a physician, hospital, nursing home, community blood center, tissue bank, dentist, a licensed dietician or licensed nutritionist employed by, referred by, or performing work under contract for, a health care provider or other person already covered by this Part, registered or licensed practical nurse or certified nurse assistant, offshore health service provider, ambulance service under circumstances in which the provisions of La. See Louisiana Revised Statutes 40:1231.1
  • Healthcare provider: means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution that provides healthcare or professional services to individuals enrolled in the Medicaid program. See Louisiana Revised Statutes 40:1257.1
  • Highway: means every way or place of whatever nature, open to use for purposes of vehicular travel in this state, including the streets and alleys in towns and cities. See Louisiana Revised Statutes 47:818.2
  • Highway vehicle: means any self-propelled vehicle, trailer, or semitrailer that is designed or used for transporting persons or property over the highway, and includes all vehicles subject to registration for highway use. See Louisiana Revised Statutes 47:818.2
  • Home state: means :

                (a) With respect to a national bank, the state in which the main office of the bank is located. See Louisiana Revised Statutes 6:532

  • Hospital: means any hospital as defined in La. See Louisiana Revised Statutes 40:1231.1
  • Host state: means :

                (a) With respect to a bank, a state, other than the home state of the bank in which the bank maintains, or seeks to establish and maintain, a branch or a loan or trust production office, and

                (b) With respect to a bank holding company, a state, other than the home state of the company in which the company controls, or seeks to control, a bank subsidiary. See Louisiana Revised Statutes 6:532

  • Hundredweight: means one hundred pounds, excluding tare. See Louisiana Revised Statutes 3:3531
  • Hundredweight: means one hundred pounds, excluding tare. See Louisiana Revised Statutes 3:3541
  • IFTA: means the international fuel tax agreement required by the Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102-240, 105 Stat. See Louisiana Revised Statutes 47:818.2
  • immovable property: means and includes not only land, city, town and village lots, but all things thereunto pertaining, and all structures and other appurtenances thereto, as pass to the vendee by the conveyance of the land or lot. See Louisiana Revised Statutes 47:1702
  • Import: means to bring motor fuel into this state by motor vehicle, marine vessel, pipeline, or any other means other than in the fuel supply tank of motor vehicles. See Louisiana Revised Statutes 47:818.2
  • Importer: means a person that imports motor fuel into this state. See Louisiana Revised Statutes 47:818.2
  • 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
  • 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.
  • 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.
  • Industrial user: means any person that receives gasoline blend stocks for its own use in the manufacture of any product other than finished gasoline. See Louisiana Revised Statutes 47:818.2
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Institutional provider: means a nongovernmental hospital licensed in accordance with the Hospital Licensing Law, La. See Louisiana Revised Statutes 40:1248.1
  • 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 the authority or the entity chosen to manage the authority or an insurer writing policies of malpractice insurance. See Louisiana Revised Statutes 40:1231.1
  • 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
  • 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
  • Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended. See Louisiana Revised Statutes 11:701
  • 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.
  • Interstate motor fuel user: means a person who imports motor fuel into this state in the fuel supply tanks of motor vehicles, other than automobiles, owned or operated by him. See Louisiana Revised Statutes 47:818.2
  • intrastate commerce: means commerce within the state. See Louisiana Revised Statutes 3:4201
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Kerosene: means the petroleum fraction containing hydrocarbons that are slightly heavier than those found in gasoline and naphtha, with a boiling range of 180 to 300 degrees Celsius. See Louisiana Revised Statutes 47:818.2
  • 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
  • knowledge: means actual knowledge. See Louisiana Revised Statutes 3:3652
  • label: means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article. See Louisiana Revised Statutes 3:4201
  • labeling: means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article. See Louisiana Revised Statutes 3:4201
  • Landscape irrigation contractor: means a person who is licensed to construct, install, connect, repair, maintain, improve, or alter any portion of a landscape irrigation system. See Louisiana Revised Statutes 3:3803
  • Landscape irrigation system: means any assemblage of component materials or special equipment that provides and distributes a controlled dispersion of water to landscaped areas for the purposes of irrigating vegetation or controlling dust and erosion. See Louisiana Revised Statutes 3:3803
  • LATIFPA: means the Louisiana Automobile Theft and Insurance Fraud Prevention Authority within the Louisiana Department of Insurance. See Louisiana Revised Statutes 40:1421
  • 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: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal representative: means an individual's personal representative or tutor. See Louisiana Revised Statutes 9:751
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a document issued by the commissioner authorizing the holder to engage in the profession indicated thereon. See Louisiana Revised Statutes 3:3803
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquefied natural gas: means natural gas that has been cooled to a liquid state and is advertised, offered for sale, sold, suitable for use, or used as an engine motor fuel. See Louisiana Revised Statutes 47:818.2
  • Liquefied petroleum gas: means the gas derived from petroleum or natural gas which is in a gaseous state at normal atmospheric temperature and pressure and maintained in the liquid state at normal atmospheric temperature by means of suitable pressure and is advertised, offered for sale, sold, suitable for use, or used as an engine motor fuel. See Louisiana Revised Statutes 47:818.2
  • 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 originator or broker: means any person, except any regulated or supervised financial organization, credit union, licensed commercial or consumer lender, insurance company, consumer loan broker, or mortgage broker or lender, provided that the person excepted is licensed or registered with and subject to regulation or supervision by an agency of the United States or any state and is acting within the scope of the license, charter, or other permit, who:

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

  • Long-term care services: means the following services provided pursuant to Louisiana's approved Medicaid state plan for medical assistance:

                (a) Long-term personal care services. See Louisiana Revised Statutes 40:1249.2

  • Louisiana bank: means a bank that has Louisiana as its home state. See Louisiana Revised Statutes 6:532
  • Louisiana bank holding company: means a bank holding company that has Louisiana as its home state. See Louisiana Revised Statutes 6:532
  • Louisiana Rice Council: means the Louisiana section of the Rice Council for Market Development. See Louisiana Revised Statutes 3:3531
  • Major amendments: means amendments to any marketing order or agreement which are made pursuant to La. See Louisiana Revised Statutes 3:3502
  • Malpractice: means any unintentional tort or any breach of contract based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient, including failure to render services timely and the handling of a patient, including loading and unloading of a patient, and also includes all legal responsibility of a health care provider arising from acts or omissions during the procurement of blood or blood components, in the training or supervision of health care providers, or from defects in blood, tissue, transplants, drugs, and medicines, or from defects in or failures of prosthetic devices implanted in or used on or in the person of a patient. See Louisiana Revised Statutes 40:1231.1
  • Malpractice: means the failure to exercise the reasonable standard of care specified and required by Subsection B of this Section, in the provision of health care, when such failure proximately causes injury to a patient, as provided in Subsection B of this Section. See Louisiana Revised Statutes 40:1237.1
  • Marketing agreement: means a voluntary contract between growers and handlers and the commissioner of agriculture. See Louisiana Revised Statutes 3:3502
  • Marketing order: means an order which is issued by the commissioner, which prescribes rules and regulations that govern the processing, distributing, or handling in any manner of any commodity within this state during any specified period. See Louisiana Revised Statutes 3:3502
  • meat food product: means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, poultry or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the commissioner under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. See Louisiana Revised Statutes 3:4201
  • Medicaid: means the medical assistance program provided for in Title XIX of the Social Security Act. See Louisiana Revised Statutes 40:1255.1
  • Medicaid: means the medical assistance program provided for in Title XIX of the Social Security Act. See Louisiana Revised Statutes 40:1257.1
  • Medicaid Buy-In Program: means the Louisiana Medicaid Optional program to provide the opportunity for working persons with disabilities to buy access to needed health care and support services. See Louisiana Revised Statutes 40:1251.4
  • Medical board: means the board of physicians which shall arrange for or review medical examinations as required by this Chapter or applicable state laws. See Louisiana Revised Statutes 11:1732
  • Medicare: means the federal health insurance program provided for in Title XVIII of the Social Security Act. See Louisiana Revised Statutes 40:1255.1
  • Member: means a contributing employee who is covered under the provisions of this Chapter. See Louisiana Revised Statutes 11:1732
  • Member: means a contributing employee who is covered under the provisions of this Chapter. See Louisiana Revised Statutes 11:1902
  • member: means a person who contracts for the use of physical fitness services. See Louisiana Revised Statutes 51:1576
  • Member: means any employee included in the membership of the funded system as provided in La. See Louisiana Revised Statutes 11:952.1
  • Methodology: means the aggregate of methods, principles, assumptions, variables, factors, and procedures used to determine a reimbursement rate. See Louisiana Revised Statutes 40:1250.3
  • Miller: means any person engaged within or without the state in the operation of milling rice. See Louisiana Revised Statutes 3:3531
  • Miller: means any person engaged within or without the state in the operation of milling rice. See Louisiana Revised Statutes 3:3541
  • Minor: means an individual who has not attained the age of twenty-two years. See Louisiana Revised Statutes 9:751
  • 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

  • Mobile unit: means a container or means of conveyance from which cut flowers or nursery stock are sold. See Louisiana Revised Statutes 3:3803
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor fuel: means gasoline, diesel fuel, and special fuels that can be used to propel a motor vehicle. See Louisiana Revised Statutes 47:818.2
  • Motor fuel transporter: means a person who transports motor fuel outside the bulk transfer/terminal system by means of a transport truck, railroad tank car, barge, or marine vessel. See Louisiana Revised Statutes 47:818.2
  • movable property: means and includes all things other than real estate which have any pecuniary value, all monies, credits, investments in bonds, stocks, franchises, shares in joint stock companies, or otherwise. See Louisiana Revised Statutes 47:1702
  • NAARSO: means the National Association of Amusement Ride Safety Officials. See Louisiana Revised Statutes 40:1484.3
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Net gallons: means the amount of motor fuel measured in gallons when adjusted to a temperature of sixty degrees Fahrenheit and a pressure of fourteen and seven-tenths pounds of pressure per square inch. See Louisiana Revised Statutes 47:818.2
  • 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.
  • Nursery: means any farm, grounds, or premises on which nursery stock is propagated, grown, or kept for sale or distribution. See Louisiana Revised Statutes 3:3803
  • Nursery stock: means all trees, shrubs, ornamental plants, grass sod, or foliage plants grown or kept for propagation, distribution, or sale. See Louisiana Revised Statutes 3:3803
  • Nurseryman: means any person who engages in the production, distribution, and sale of nursery stock. See Louisiana Revised Statutes 3:3803
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligee: means an individual who is owed child support under a child support order and who has entered or may enter into a contract with a collection agency. See Louisiana Revised Statutes 51:1442
  • Obligor: means a resident of this state required to pay child support in accordance with an order of support issued by a court or other tribunal. See Louisiana Revised Statutes 51:1442
  • Offer for sale: means to sell, offer for sale or adoption, barter, auction, give away, or otherwise dispose of a dog or cat. See Louisiana Revised Statutes 3:2511
  • Office: means the Office of Financial Institutions in the office of the governor. See Louisiana Revised Statutes 9:3574.2
  • 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
  • Office: means the office of the secretary of state of the state of Louisiana. See Louisiana Revised Statutes 3:3652
  • official inspection legend: means any symbol prescribed by regulations of the commissioner showing that the article was inspected and passed in accordance with this Chapter. See Louisiana Revised Statutes 3:4201
  • official mark: means the official inspection legend or any other symbol prescribed by regulations of the commissioner to identify the status of any article or animal under this Act. See Louisiana Revised Statutes 3:4201
  • Offshore health service provider: means any individual or entity which provides any health care service rendered by an emergency medical technician-basic, or at the intermediate or paramedic levels, or one who is a registered nurse, when such medical care is rendered on a fixed platform in Louisiana territorial waters or on the Outer Continental Shelf, adjacent to Louisiana territorial waters, or any instance on the Outer Continental Shelf where the applicable law, under the Outer Continental Shelf Lands Act, 43 U. See Louisiana Revised Statutes 40:1231.1
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Operate: means to 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
  • 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
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Ordinance: means :

    (a)  An act of a political subdivision that has the force and effect of law, including but not limited to an ordinance, a resolution, or a motion; or

    (b)  A rule or regulation promulgated by the State Land Office, the division of administration, or by another state agency with authority over adjudicated properties. See Louisiana Revised Statutes 47:2122

  • Organization: means corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. See Louisiana Revised Statutes 9:3516
  • 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
  • Out-of-state bank: means a bank other than a Louisiana bank. See Louisiana Revised Statutes 6:532
  • Out-of-state bank holding company: means a bank holding company other than a Louisiana bank holding company. See Louisiana Revised Statutes 6:532
  • 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
  • Outlet: means a mobile unit or a place of business. See Louisiana Revised Statutes 3:3803
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who holds an ownership interest that has not been terminated pursuant to La. See Louisiana Revised Statutes 47:2122
  • 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
  • participating employer: shall mean :

                (i) Any incorporated city, town, or village in the state of Louisiana. See Louisiana Revised Statutes 11:1732

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patient: means a natural person, including a donor of human blood, a donor or prospective donor of an organ or tissue, or blood components and a nursing home resident who receives or should have received health care from a licensed health care provider, under contract, expressed or implied. See Louisiana Revised Statutes 40:1231.1
  • Patient: means a natural person who receives, or should have received, health care from a person covered by this Part, or a donor or prospective donor of an organ or tissue, and any other natural person or persons who would or may have a claim or claims for damages under applicable law arising out of, or directly related to, the claim or claims of the natural person who receives, or should have received, health care from a person covered by this Part. See Louisiana Revised Statutes 40:1237.1
  • 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
  • Paying hospital: means an institutional provider required by the provisions of this Subpart to make a local hospital assessment payment. See Louisiana Revised Statutes 40:1248.1
  • Pension accumulation fund: means the fund to which shall be credited all payments to the system, exclusive of those amounts to be credited to the annuity savings and expense funds. See Louisiana Revised Statutes 11:1732
  • 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
  • Permissive supplier: means a person who may not be subject to the taxing jurisdiction of this state, but who is registered under Section 4101 of the Internal Revenue Code for transactions in motor fuel in the bulk transfer/terminal system, and is a position holder in motor fuel located only in another state or a person who only receives motor fuel in another state pursuant to a two-party exchange. See Louisiana Revised Statutes 47:818.2
  • Permit: means a document issued by the commissioner authorizing the holder to engage in the occupation indicated thereon. See Louisiana Revised Statutes 3:3803
  • Person: means and includes, in addition to the definition contained in La. See Louisiana Revised Statutes 47:818.2
  • Person: means an individual, corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3573.2
  • Person: means an individual, firm, corporation, association, or any other business unit, and includes any state agency which engages in any of the commercial activities which are regulated pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 3:3502
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Person: means an individual or corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3574.2
  • Person: means an individual, partnership, firm, corporation, association or other business unit. See Louisiana Revised Statutes 3:3531
  • Person: means any natural or juridical person, including corporations. See Louisiana Revised Statutes 51:1361
  • Person: means an individual, partnership, firm, corporation, association or other business unit. See Louisiana Revised Statutes 3:3541
  • Person: means an individual, corporation, organization, or other legal entity. See Louisiana Revised Statutes 9:751
  • 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, trust, or other business entity. See Louisiana Revised Statutes 3:3652
  • Person: means any individual, partnership, association, corporation, or other legal entity. See Louisiana Revised Statutes 3:3703
  • 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 or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:3803
  • 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 an individual or any legal or commercial entity, including a corporation, business trust, partnership, limited liability company, association, or joint venture. See Louisiana Revised Statutes 3:1
  • Person: means an individual, corporation, or association. See Louisiana Revised Statutes 3:2462
  • person covered by this Part: means :

                (i) The state or any of its departments, offices, agencies, boards, commissions, institutions, universities, facilities, hospitals, clinics, laboratories, health care units, ambulances, ambulance services, university health centers, and other state entities which may provide any kind of health care whatsoever, and the officers, officials, and employees thereof when acting within the course and scope of their duties in providing health care in connection with such state entity; or

                (ii) A person acting in a professional capacity in providing health care services, by or on behalf of the state, including but not limited to a physician, psychologist, coroner, and assistant coroner who is a licensed physician when acting solely in accordance with the Behavioral Health Law as provided in La. See Louisiana Revised Statutes 40:1237.1

  • 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 property: All property that is not real property.
  • Persons: includes individuals, firms, partnerships, corporations, trusts, associations and insurance companies. See Louisiana Revised Statutes 51:1101
  • Persons with disabilities: means those citizens of Louisiana who meet the Social Security Disability criteria. See Louisiana Revised Statutes 40:1251.4
  • Physical fitness services: means facilities or services for the development of physical fitness through exercise or weight control. See Louisiana Revised Statutes 51:1576
  • Physician: means a person with an unlimited license to practice medicine in this state. See Louisiana Revised Statutes 40:1231.1
  • Physician: means a person with a license or permit to practice medicine in this state. See Louisiana Revised Statutes 40:1237.1
  • Place of business: means a permanent location or a portion of a permanent location from which business in a regulated profession or occupation is transacted. See Louisiana Revised Statutes 3:3803
  • Place of business: means a permanent location or a portion of a permanent location from which business, in a regulated profession or occupation, is transacted. See Louisiana Revised Statutes 3:1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan A: means the revised plan to replace a combination of the regular and supplemental plans, to be effective October 1, 1978, as outlined in Part III of this Chapter. See Louisiana Revised Statutes 11:1732
  • Plan A: means the revised plan to replace a combination of the regular and supplemental plans, to be effective January 1, 1980, as outlined in Part III. See Louisiana Revised Statutes 11:1902
  • Plan B: means the revised plan to replace the regular plan, to be effective October 1, 1978, as outlined in Part IV of this Chapter. See Louisiana Revised Statutes 11:1732
  • Plan B: means the revised plan to replace the regular plan, to be effective January 1, 1980, as outlined in Part IV. See Louisiana Revised Statutes 11:1902
  • Plan C: means the plan to be effective July 1, 1997, as outlined in Part IV-A of this Chapter. See Louisiana Revised Statutes 11:1902
  • 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.
  • Police employee: means any employee who is assigned to police work as a peace officer pursuant to La. See Louisiana Revised Statutes 40:1372
  • Political subdivision: means any of the following to the extent it has the power to levy ad valorem taxes and conduct tax sales for failure to pay ad valorem taxes:

    (a)  The state. See Louisiana Revised Statutes 47:2122

  • 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 holder: means the person who holds the inventory position in motor fuel in a terminal, as reflected on the records of the terminal operator. See Louisiana Revised Statutes 47:818.2
  • 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
  • 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.
  • prepared: means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed. See Louisiana Revised Statutes 3:4201
  • 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: means an individual; if a partnership, all its partners; if a corporation, all its officers, directors, and controlling direct or indirect owners; or if a limited liability company, all its members. See Louisiana Revised Statutes 47:818.2
  • Principal: means any officer, director, owner, sole proprietor, partner, member, joint venturer, manager, or other person with similar managerial or supervisory responsibilities for a person who makes or offers to make or broker loans, whatever his job title. See Louisiana Revised Statutes 9:3574.2
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Processing: means engaging in the business of a processor as defined in Paragraph (17). See Louisiana Revised Statutes 3:3502
  • Producer: means any person that is engaged within this state in the business of producing any commodity. See Louisiana Revised Statutes 3:3502
  • Producer: means any person who receives a share in the proceeds from the sale of rice produced in this state. See Louisiana Revised Statutes 3:3531
  • Producer: means any person who receives a share of the proceeds from the sale of rice produced in this state. See Louisiana Revised Statutes 3:3541
  • Program: means the local healthcare provider participation program authorized by this Subpart. See Louisiana Revised Statutes 40:1248.1
  • Program: means any of the following:

                (a) Medicaid. See Louisiana Revised Statutes 49:1402

  • 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
  • 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
  • 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
  • Property: includes every form, character and kind of property, real, personal, and mixed, tangible and intangible, corporeal and incorporeal, and every share, right, title or interest therein or thereto, and every right, privilege, franchise, patent, copyright, trade-mark, certificate, or other evidence of ownership or interest; bonds, notes, judgments, credits, accounts, or other evidence of indebtedness, and every other thing of value, in possession, on hand, or under the control, at any time during the calendar year for which taxes are levied, within the State of Louisiana, of any person, firm, partnership, association of persons, or corporation, foreign or domestic whether the same be held, possessed, or controlled, as owner, agent, pledgee, mortgagee, or legal representative, or as president, cashier, treasurer, liquidator, assignee, master, superintendent, manager, sequestrator, receiver, trustee, stakeholder, depository, warehouseman, keeper, curator, executor, administrator, legatee, heir, beneficiary, parent, attorney, usufructuary, mandatary, fiduciary, or other capacity, whether the owner be known or unknown; except in the cases of fire, life, or other insurance companies, the notes, judgments, accounts, and credits of nonresident persons, firms, corporations, partnerships, associations, or companies doing business in the State of Louisiana, originating from the business done in this state, are hereby declared to be property with its situs within this state. See Louisiana Revised Statutes 47:1702
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means a person, public agency, nonprofit corporation, or a for-profit business entity that provides services under a contract or other agreement with the department. See Louisiana Revised Statutes 40:1250.3
  • 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 law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Racing gasoline: means gasoline that contains lead, has an octane rating of 110 or higher, does not have detergent additives, and is not suitable for use as a motor fuel in a motor vehicle used on a public highway. See Louisiana Revised Statutes 47:818.2
  • Rack: means a mechanism for delivering motor fuel from a refinery, terminal, marine vessel, or bulk plant into a transport vehicle, railroad tank car, or other means of transfer that is outside the bulk transfer/terminal system. See Louisiana Revised Statutes 47:818.2
  • Rate: means the amount of money per unit of time for a Medicaid service performed or the amount of money for a Medicaid service performed for a flat fee, such as a per diem. See Louisiana Revised Statutes 40:1250.3
  • 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 party in interest: means a person, known or unknown to the secretary, who will receive financial benefits as a result of a gasoline or diesel fuel license being issued to the applicant or licensee. See Louisiana Revised Statutes 47:818.2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rebasing: means using cost report information to adjust Medicaid reimbursement rates to the level dictated by the Medicaid reimbursement methodology for each covered service. See Louisiana Revised Statutes 40:1250.3
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Redemptive period: means the period in which a person may redeem property as provided in thethe Louisiana Constitution. See Louisiana Revised Statutes 47:2122
  • Refinery: means a facility for the manufacturing or reprocessing of finished or unfinished products usable as motor fuel and from which motor fuel may be removed by pipeline or marine vessel or at a rack. See Louisiana Revised Statutes 47:818.2
  • Regular compensation: means the total cash compensation for personal services paid to an employee by the university, except compensation of an unusual or noncontinuing nature excluded by the board of supervisors as provided in La. See Louisiana Revised Statutes 11:952.1
  • Regular Employee: means a person who holds a valid, appropriate license or permit issued by the commissioner and who works at a place of business for thirty-two or more hours a week. See Louisiana Revised Statutes 3:3803
  • Regular plan: means the original plan that became effective upon the establishment of the retirement system in 1953, as amended, excluding the supplemental plan. See Louisiana Revised Statutes 11:1902
  • Reimbursement: means payment for a Medicaid service in accordance with a specified rate. See Louisiana Revised Statutes 40:1250.3
  • 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
  • Releasing agency: means an animal pound, shelter, humane organization, or animal control agency, whether public or private. See Louisiana Revised Statutes 3:2471
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Removal: means a physical transfer other than by evaporation, loss, or destruction. See Louisiana Revised Statutes 47:818.2
  • 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).
  • Representative: means the spouse, parent, guardian, trustee, attorney or other legal agent of the patient. See Louisiana Revised Statutes 40:1231.1
  • Representative: means a person who is a parent, tutor, curator, spouse, trustee, attorney, or other legal agent of the patient and who is authorized, by and on behalf of the patient, to exercise any of the patient's rights, privileges, or immunities granted by this Section or to fulfill any of the patient's obligations, duties, or forbearances imposed under this Section, because the patient has executed a written authorization and mandate to that effect or because the law operates to that effect due to the status of that patient and his relationship to such person, as when the patient is a minor child and his parent must act for him. See Louisiana Revised Statutes 40:1237.1
  • 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.
  • Research facility: means any school, institution, organization, or person that uses or intends to use animals in research or experiments. See Louisiana Revised Statutes 3:2462
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail pet store: means a retail establishment where dogs or cats are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail. See Louisiana Revised Statutes 3:2511
  • Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this part. See Louisiana Revised Statutes 11:952.1
  • retirement system: means the Municipal Employees' Retirement System of Louisiana, established as of January 1, 1955, defined in Chapter 4, Title 11 of the Louisiana Revised Statutes, and as subsequently amended. See Louisiana Revised Statutes 11:1732
  • retirement system: means the Parochial Employees' Retirement System of Louisiana, established as of January 1, 1953, defined in Chapter 5, Title 11 of the Louisiana Revised Statutes, and as subsequently amended. See Louisiana Revised Statutes 11:1902
  • Retirement system: means the Teachers' Retirement System of Louisiana as defined in La. See Louisiana Revised Statutes 11:701
  • 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
  • Rice: means all marketable green and dry rough "paddy" rice produced within the state of Louisiana for milling, seed or other commercial purposes. See Louisiana Revised Statutes 3:3531
  • Rice: means all marketable green and rough "paddy" rice produced within the State of Louisiana for milling, seed or other commercial purposes. See Louisiana Revised Statutes 3:3541
  • Right to recover losses due to malpractice: means the substantive right in favor of a patient or his representative to receive, subject to the fiscal legislative discretion of appropriation, some measure of compensation in money or services or both from the state, as and to the extent allowed by this Section, toward repairing any injury or losses proximately caused to him by an act of malpractice committed by a state health care provider as defined in this Section. See Louisiana Revised Statutes 40:1237.1
  • Risk: means any health care provider which shall apply for malpractice liability insurance coverage under the provisions of La. See Louisiana Revised Statutes 40:1231.1
  • Risk manager: means an insurance company with no less than an "A" rating according to the then current annual edition of Best's Insurance Reports or a domestic insurance company with assets in excess of ten million dollars chosen by the commissioner according to the public bid laws of the state, to manage the authority. See Louisiana Revised Statutes 40:1231.1
  • Rural institutional provider: means a hospital, other than one defined in La. See Louisiana Revised Statutes 40:1248.1
  • Sale: means a transfer of title, exchange, or barter of motor fuel. See Louisiana Revised Statutes 47:818.2
  • Secretary: means the secretary of the Department of Revenue or an authorized designee. See Louisiana Revised Statutes 47:818.2
  • Secretary: means the secretary of state of the state of Louisiana, or his duly authorized agent. See Louisiana Revised Statutes 3:3652
  • 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 commission. See Louisiana Revised Statutes 3:3803
  • Secretary of Energy: means the secretary of the United States Department of Energy. See Louisiana Revised Statutes 51:1602
  • Secured party: means a creditor with a security interest in farm products. See Louisiana Revised Statutes 3:3652
  • Security device: means a written security agreement that establishes a creditor's security interest in farm products or any agricultural lien as defined in La. See Louisiana Revised Statutes 3:3652
  • Security interest: means an interest in or encumbrance upon farm products that secures payment or performance of an obligation. See Louisiana Revised Statutes 3:3652
  • Send: means either of the following:

    (a)  To deposit in the mail or deliver for transmission by any other commercially reasonable means of communication with postage or cost of transmission provided for, and properly addressed to any address reasonable under the circumstances. See Louisiana Revised Statutes 47:2122

  • 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

  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service: means a home- or community-based service, intermediate care facility service, or support coordination service provided to a recipient by a provider under a contract or other agreement with the department. See Louisiana Revised Statutes 40:1250.3
  • Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
  • Service date: means the date of enrollment of a member into the system. See Louisiana Revised Statutes 11:1902
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shipping document: means a delivery document issued by a terminal or bulk plant operator in conjunction with the sale, transfer, or removal of motor fuel from the terminal or bulk plant that discloses the destination state. See Louisiana Revised Statutes 47:818.2
  • Signed: includes using any symbol executed or adopted with present intention to adopt or accept a writing in tangible form. See Louisiana Revised Statutes 47:2122
  • Special fuel: means any gas or liquid, other than gasoline or diesel fuel, used or suitable for use as motor fuel in an internal combustion engine or motor to propel any form of vehicle, machine, or mechanical contrivance. See Louisiana Revised Statutes 47:818.2
  • Special fuel fleet dealer: means a person who produces or purchases compressed natural gas, liquefied natural gas, or liquefied petroleum gas and who maintains storage facilities for those fuels and delivers all or part of the fuel produced or stored into the fuel supply tank of a motor vehicle. See Louisiana Revised Statutes 47:818.2
  • 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
  • State: means the state of Louisiana. See Louisiana Revised Statutes 11:952.1
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Louisiana Revised Statutes 9:751
  • 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
  • State plan for medical assistance: means the plan promulgated by the department in accordance with its role as designated state agency under Title XIX of the Social Security Act or any successor Act providing funding for medical care for the poor. See Louisiana Revised Statutes 40:1249.2
  • Statute: A law passed by a legislature.
  • Sterilization: means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. See Louisiana Revised Statutes 3:2471
  • 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: means that at least fifty percent of the attorney's business, either in terms of remuneration or time spent, is comprised of the activity of seeking to collect or enforce child support obligations. See Louisiana Revised Statutes 51:1442
  • Suitable for use: means the functional use of any liquid to power a vehicle irrespective of the liquid not being within the ASTM and/or Environmental Protection Agency specifications. See Louisiana Revised Statutes 47:818.2
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplemental plan: means the supplementary plan established by Act No. See Louisiana Revised Statutes 11:1902
  • Supplier: means a person who is either of the following:

                (a) Subject to the general taxing jurisdiction of this state and is registered under 26 U. See Louisiana Revised Statutes 47:818.2

  • support enforcement services: means :

    (a)  Any action taken by the department, upon receipt of an application or referral for services or a request made under the Uniform Interstate Family Support Act, in accordance with the federal requirements of Title IV-D of the Social Security Act and corresponding state laws and regulations without regard to whether there is any existing court order, delinquency, or presumption of paternity. See Louisiana Revised Statutes 51:1442

  • 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
  • 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
  • Tax debtor: means , as of the date of determination, the person listed on the tax roll in accordance with La. See Louisiana Revised Statutes 47:2122
  • Tax notice party: means , as of the date of determination, the tax debtor and any person requesting notice pursuant to La. See Louisiana Revised Statutes 47:2122
  • Tax sale: means the sale or adjudication of tax sale title to property pursuant to La. See Louisiana Revised Statutes 47:2122
  • Tax sale certificate: means the written notice evidencing a tax sale to be filed in accordance with La. See Louisiana Revised Statutes 47:2122
  • Tax sale party: means the tax notice party, the owner of property, including the owner of record at the time of a tax sale, as shown in the conveyance records of the appropriate parish, and any other person holding an interest, such as a mortgage, privilege, or other encumbrance on the property, including a tax sale purchaser, as shown in the mortgage and conveyance records of the appropriate parish. See Louisiana Revised Statutes 47:2122
  • Tax sale property: means property for which tax sale title is sold pursuant to La. See Louisiana Revised Statutes 47:2122
  • Tax sale purchaser: means the purchaser of tax sale property, his successors, and assigns. See Louisiana Revised Statutes 47:2122
  • Tax sale title: means the set of rights acquired by a tax sale purchaser or, in the case of adjudicated property, on the applicable political subdivision, pursuant to this Chapter. See Louisiana Revised Statutes 47:2122
  • Telehealth: has the meaning ascribed in La. See Louisiana Revised Statutes 40:1255.1
  • 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.
  • Terminal: means a motor fuel storage and distribution facility to which a terminal control number has been assigned by the Internal Revenue Service, to which motor fuel is supplied by pipeline or marine vessel, and from which motor fuel may be removed at a rack. See Louisiana Revised Statutes 47:818.2
  • Terminal operator: means a person who owns, operates, or otherwise controls a terminal. See Louisiana Revised Statutes 47:818.2
  • 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
  • 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
  • Tissue bank: means any independent nonprofit facility procuring and processing human organs or tissues for transplantation, medical education, research, or therapy. See Louisiana Revised Statutes 40:1231.1
  • 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.
  • 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.
  • Transfer: means a transaction that creates custodial property under La. See Louisiana Revised Statutes 9:751
  • Transferor: means a person who makes a transfer under this Subpart. See Louisiana Revised Statutes 9:751
  • Transmix: means the buffer or interface between two different products in a pipeline shipment or a mix of two different products within a refinery or terminal that results in an off-grade mixture. See Louisiana Revised Statutes 47:818.2
  • Transport vehicle: means a tank truck vehicle designed or used to carry motor fuel over the highway and includes but is not limited to a straight truck, a straight truck/trailer combination, or a semitrailer combination rig. See Louisiana Revised Statutes 47:818.2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust business: means the holding out by a person to the public by advertising, solicitation, or other means that the person is available to perform any service of a fiduciary in this state or another state. See Louisiana Revised Statutes 6:572
  • Trust company: means a corporation or a limited liability trust company organized under this Chapter, including a trust company organized under the laws of this state before June 27, 2003, or an entity chartered to act as a fiduciary that is neither a depository institution nor a foreign bank. See Louisiana Revised Statutes 6:572
  • Trust company: means a financial institution, corporation, or other legal entity authorized to exercise general trust powers. See Louisiana Revised Statutes 9:751
  • Trustee: A person or institution holding and administering property in trust.
  • Tutor: means a person appointed or qualified by a court to act as guardian of a minor's property or a person legally authorized to perform substantially the same functions, including but not limited to a curator. See Louisiana Revised Statutes 9:751
  • Two-party exchange: means a transaction in which motor fuel is transferred from one licensed supplier or permissive supplier to another licensed supplier or permissive supplier pursuant to an exchange agreement, including a transfer from the person who holds the inventory position in taxable motor fuel in the terminal as reflected on the records of the terminal operator, and

                (a) Is completed prior to removal of the product from the terminal by the receiving exchange partner, and

                (b) Is recorded on the terminal operator's books and records with the receiving exchange partner as the supplier/permissive supplier that removes the motor fuel across the terminal rack for purposes of reporting the transaction to this state. See Louisiana Revised Statutes 47:818.2

  • Unit: means a part of the condominium property subject to individual ownership. See Louisiana Revised Statutes 9:1121.103
  • 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
  • University: means all campuses and divisions of the Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
  • USDA: means the United States Department of Agriculture. See Louisiana Revised Statutes 3:2511
  • Vending machine: means any climate controlled mechanical, electric, or electronic self-service device which, upon insertion of money, credit card, token, or any other form of payment, automatically dispenses merchandise. See Louisiana Revised Statutes 3:3803
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: means and includes every description of watercraft used, or capable of being used, as a means of transportation on water. See Louisiana Revised Statutes 47:818.2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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.
  • writing: means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form. See Louisiana Revised Statutes 47:2122