Sections
Part I Definitions 48:1
Part II Composition and Domicile 48:11 – 48:13
Part III General Powers, Duties and Functions 48:21 – 48:36
Part IV Functions of the Secretary 48:51 – 48:57
Part V Departmental Budget 48:76 – 48:81
Part VI Engineers 48:91 – 48:94
Part VI-A Mississippi River Parkway Commission 48:101 – 48:103
Part VI-B Louisiana Transportation Research Center 48:105 – 48:105.1
Part VII Legal Work 48:111 – 48:121
Part VIII Purchasing Section 48:131
Part IX Accounting and Disbursing Section 48:141 – 48:143
Part X General Highway Fund 48:163.1 – 48:167
Part XI State Highway System 48:190 – 48:194
Part XI-A State Highway Improvement Fund 48:196 – 48:197
Part XII General Administrative Functions of the Department 48:201 – 48:235
Part XIII Operation and Technical Functions 48:250 – 48:283
Part XIII-A Employment of Consultants 48:285 – 48:294
Part XIII-B Debarment of Contractors, Subcontractors, Consultants, and Subconsultants 48:295.1 – 48:295.4
Part XIV Control of Access 48:301 – 48:307
Part XV Traffic Control and Regulation 48:341 – 48:348
Part XVI Utilities and Facilities 48:381 – 48:394
Part XVII Prohibited Acts 48:421 – 48:425
Part XVIII Expropriation by a Declaration of Taking 48:441 – 48:460
Part XIX Control of Outdoor Advertising and Junkyards 48:461 – 48:461.27

Terms Used In Louisiana Revised Statutes > Title 48 > Chapter 1 - Department of Transportation and Development

  • 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
  • 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
  • Adjusted service date: means the service date adjusted by the amount of any creditable service other than membership service, or for any periods of interrupted service, and from which all creditable service shall be calculated. See Louisiana Revised Statutes 11:1732
  • 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.
  • 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 date: means the date as of which the provisions of this Chapter first become applicable to an employer. See Louisiana Revised Statutes 11:1732
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • Anesthesia: means a drug-induced loss of consciousness, by use of any anesthetic induction agent or otherwise, during which patients are not arousable even by painful stimulation, as defined by the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 40:1160.2
  • 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
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Apiary: means the assembly of one or more colonies of bees at a single location. See Louisiana Revised Statutes 3:2302
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • 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
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attending physician: means the physician who has primary responsibility for the treatment and care of the patient. See Louisiana Revised Statutes 40:1155.2
  • 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
  • Beekeeper: means a person who owns one or more colonies of bees. See Louisiana Revised Statutes 3:2302
  • Beekeeping equipment: means anything that is used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards, and extractors. See Louisiana Revised Statutes 3:2302
  • Beneficiary: means the person designated in writing by a member to receive any benefits to which he may be entitled under this Chapter. See Louisiana Revised Statutes 11:1732
  • Bidding documents: means the advertisement, plans and specifications, bidding form, bidding instructions, addenda, special provisions, and all other instruments prepared by or on behalf of the department for use by prospective bidders on a public contract. See Louisiana Revised Statutes 48:251.9
  • Bidding documents: means the bid notice, plans and specifications, bid form, bidding instructions, addenda, special provisions, and all other written instruments prepared by or on behalf of a public entity for use by prospective bidders on a public contract. See Louisiana Revised Statutes 38:2211
  • Board of commissioners: means a group of persons appointed under the provisions of law to exercise certain authorities over and have oversight and control of a levee district or levee and drainage district. See Louisiana Revised Statutes 38:281
  • board of trustees: means the board of trustees of this system. See Louisiana Revised Statutes 11:1732
  • Change order: means any contract modification that includes an alteration, deviation, addition, or omission as to a preexisting public work contract, which authorizes an adjustment in the contract price, contract time, or an addition, deletion, or revision of work. See Louisiana Revised Statutes 38:2211
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • Claimant: as used in this Chapter , means any person to whom money is due pursuant to a contract with the owner or a contractor or subcontractor for doing work, performing labor, or furnishing materials or supplies for the construction, alteration, or repair of any public works, or for transporting and delivering such materials or supplies to the site of the job by a for-hire carrier, or for furnishing oil, gas, electricity, or other materials or supplies for use in machines used in the construction, alteration, or repair of any public works, including persons to whom money is due for the lease or rental of movable property, used at the site of the immovable and leased to the contractor or subcontractor by written contract, and including registered or certified surveyors or engineers, or licensed architects, or their professional subconsultants, employed by the contractor or subcontractor in connection with the building of any public work. See Louisiana Revised Statutes 48:256.5
  • 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.
  • Comb package: means a package of bees shipped or moved on a comb containing honey and/or brood, with or without a queen. See Louisiana Revised Statutes 3:2302
  • Commercial fishing boat: shall mean any water craft used in the occupation of fishing for profit. See Louisiana Revised Statutes 47:1690
  • Commissioner: means the commissioner of conservation of the state of Louisiana. See Louisiana Revised Statutes 30:503
  • Commissioner: means the commissioner of agriculture of the state of Louisiana. See Louisiana Revised Statutes 3:2302
  • Commissioner: means the Louisiana commissioner of agriculture and forestry. See Louisiana Revised Statutes 3:2358.3
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: means any contract awarded by the department for construction or maintenance of transportation facilities or work authorized by La. See Louisiana Revised Statutes 48:251.9
  • contract: means any contract awarded by any public entity for the making of any public works or for the purchase of any materials or supplies. See Louisiana Revised Statutes 38:2211
  • Contractor: means any individual, partnership, joint venture, firm, corporation, limited liability partnership, limited liability company, or any acceptable combination thereof contracting for performance of public work for the department. See Louisiana Revised Statutes 48:251.9
  • Contractor: means any person or other legal entity who enters into a public contract. See Louisiana Revised Statutes 38:2211
  • Contractor: means consultants selected pursuant to La. See Louisiana Revised Statutes 48:295.1
  • 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.
  • Creditable service: means all periods of time for which credit is allowed towards any benefits of this Chapter. See Louisiana Revised Statutes 11:1732
  • Debarment: means the disqualification of a contractor to receive invitations for bids or requests for proposals or the award of any contract by the department and shall be applicable to selection of consultants by the department and participation as a joint venture, subcontractor, or consultant or subconsultant on department projects. See Louisiana Revised Statutes 48:295.1
  • Debarment committee: means the committee consisting of the following persons acting upon a unanimous vote: the chief engineer of the department or his designee; the deputy secretary of the department or his designee; and the general counsel of the department or his designee. See Louisiana Revised Statutes 48:295.1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dental treatment: means those practices and procedures which fall within the definition of the practice of "dentistry" as that term is defined in La. See Louisiana Revised Statutes 40:1161.1
  • Devise: To gift property by will.
  • Direct rollover: shall mean a payment by this system to the eligible retirement plan specified by the distributee. 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, 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distributee: shall mean a member of this system who receives a distribution of funds from this system. See Louisiana Revised Statutes 11:1732
  • 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
  • Eligible retirement plan: shall mean any of the following which accepts a distributee's eligible rollover distribution:

                (i) An individual retirement account described in Section 408(a) of the United States Internal Revenue Code. See Louisiana Revised Statutes 11:1732

  • Eligible rollover distribution: shall mean any distribution made on or after December 1, 1994, of all or any portion of the balance to the credit of the distributee. See Louisiana Revised Statutes 11:1732
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency: shall mean an unforeseen mischance bringing with it destruction or injury of life or property or the imminent threat of such destruction or injury, the result of an order from any judicial body to take immediate action which requires construction or maintenance without time to comply with the formalities of this Part. See Louisiana Revised Statutes 48:251.9
  • Emergency: means an unforeseen mischance bringing with it destruction or injury of life or property or the imminent threat of such destruction or injury or as the result of an order from any judicial body to take any immediate action which requires construction or repairs absent compliance with the formalities of this Part, where the mischance or court order will not admit of the delay incident to advertising as provided in this Part. See Louisiana Revised Statutes 38:2211
  • 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
  • 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.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Examination: means a pelvic or rectal examination. See Louisiana Revised Statutes 40:1160.2
  • Executor: A male person named in a will to carry out the decedent
  • farm machinery: shall mean and include all motor propelled or motor operated mechanical devices used on a farm in the tilling of the soil and the production of crops, but shall not include any vehicle licensed for use on the public highways of this state. See Louisiana Revised Statutes 47:1690
  • Farm-raised turtle: means any reptile of the order Testudines which is bred, born, raised, or kept, by a licensed turtle farmer within a closed circumscribed pond for the purpose of buying, selling, or trading in commerce. See Louisiana Revised Statutes 3:2358.3
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • 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.
  • 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
  • Gas: means any gas derived from or composed of hydrocarbons, including synthetic gas which is produced from coal, lignite, or petroleum coke and the heat content of which synthetic gas does not exceed 800 BTUs per standard cubic foot. See Louisiana Revised Statutes 30:503
  • Gasoline: shall mean any motor fuel which is subject to tax under Part I of Chapter 7 of Sub-title II of Title 47 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 47:1690
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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.
  • Health care provider: means any home health agency, hospice, hospital, or nursing facility. See Louisiana Revised Statutes 40:1155.2
  • Healthcare provider: means a physician or other healthcare practitioner licensed, certified, registered, or otherwise authorized to perform specified healthcare services consistent with state law. See Louisiana Revised Statutes 40:1160.2
  • hive: means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones; and includes brood, combs, honey, and the receptacle inhabited by the bees. See Louisiana Revised Statutes 3:2302
  • in writing: means the product of any method of forming characters on paper, other materials, or viewable screen, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. See Louisiana Revised Statutes 38:2211
  • informed consent: means consent to any dental treatment or course of dental treatment given by a patient:

                (1) After the patient has been informed in general terms of the nature and purpose of the dental treatment or course of dental treatment and those risks of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of an organ or limb, or disfiguring scars, if any, associated with such dental treatment or course of dental treatment which would ordinarily have been disclosed under the same or similar circumstances by dentists with the same or similar training and experience; and

                (2) After the patient has been given an opportunity to ask questions concerning such dental treatment or course of dental treatment and his questions, if any, have been answered in a satisfactory manner. See Louisiana Revised Statutes 40:1161.1

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Juror: A person who is on the jury.
  • LaPOST: means Louisiana Physician Order for Scope of Treatment as provided in La. See Louisiana Revised Statutes 40:1155.2
  • Learner: means any person enrolled in a medical, nursing, or allied health education program. See Louisiana Revised Statutes 40:1160.2
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Levee district: means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, and all other things incidental thereto within its territorial limits. See Louisiana Revised Statutes 38:281
  • Licensed emergency medical services practitioner: means a licensed emergency medical services practitioner as defined in La. See Louisiana Revised Statutes 40:1155.2
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Louisiana resident contractor: includes any person, partnership, association, corporation, or other legal entity and is defined as one of the following:

    (i)  An individual who has been a resident of Louisiana for two years or more immediately prior to bidding on work. See Louisiana Revised Statutes 48:251.9

  • 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
  • Meeting: means a duly called meeting of the membership of a board when payment of per diem is authorized and such meeting is called for the express purpose of discussing activities or plans pertinent to the functions of the levee board itself. See Louisiana Revised Statutes 38:281
  • Member: means a contributing employee who is covered under the provisions of this Chapter. See Louisiana Revised Statutes 11:1732
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Negotiate: means to participate in the process of entering into contracts or plan changes without formal advertising and public bidding with the intention of obtaining the best price and terms possible under the circumstances. See Louisiana Revised Statutes 48:251.9
  • Negotiate: means the process of making purchases and entering into contracts without formal advertising and public bidding with the intention of obtaining the best price and terms possible under the circumstances. See Louisiana Revised Statutes 38:2211
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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 person who receives or has received medical treatment or services from an individual or institution licensed to provide medical treatment in this state. See Louisiana Revised Statutes 40:1160.2
  • Patient: means a natural person who receives dental treatment. See Louisiana Revised Statutes 40:1161.1
  • Person: means any individual, firm, or corporation. See Louisiana Revised Statutes 3:2302
  • Person: means any individual, partnership, association, organization, or corporation engaged in any phase of the farm-raised turtle industry. See Louisiana Revised Statutes 3:2358.3
  • Personal healthcare representative: has the meaning as ascribed in La. See Louisiana Revised Statutes 40:1160.2
  • Personal property: All property that is not real property.
  • Physician: means a physician or surgeon licensed by the Louisiana State Board of Medical Examiners or by the official licensing authority of another state. See Louisiana Revised Statutes 40:1155.2
  • 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 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 change: means an alteration, deviation, addition, or omission as to a preexisting department construction or maintenance contract. See Louisiana Revised Statutes 48:251.9
  • 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 jury: means the governing authority of the various parishes. See Louisiana Revised Statutes 38:1751
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public entity: means and includes the state of Louisiana, or any agency, board, commission, department, or public corporation of the state, created by the constitution or statute or pursuant thereto, or any political subdivision of the state, including but not limited to any political subdivision as defined in Article VI Section 44 of the Constitution of Louisiana, and any public housing authority, public school board, or any public officer whether or not an officer of a public corporation or political subdivision. See Louisiana Revised Statutes 38:2211
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public work: means the erection, construction, alteration, maintenance, improvement, or repair of any highway, bridge, transportation facility, or immovable property owned, used, or leased by the department or any public entity for which the department is acting pursuant to an agreement. See Louisiana Revised Statutes 48:251.9
  • Public work: means the erection, construction, alteration, improvement, or repair of any public facility or immovable property owned, used, or leased by a public entity. See Louisiana Revised Statutes 38:2211
  • Qualified patient: means a patient diagnosed and certified in writing as having a life-limiting and irreversible condition by the attending physician or personal physician of the patient. See Louisiana Revised Statutes 40:1155.2
  • 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
  • Refundable purposes: shall mean the operating or propelling of any aircraft, any commercial fishing boat, any vehicle used by a licensed commercial fisherman in the administration of business associated with commercial fishing, any boat used to transport children to or from public or parochial schools, any farm tractor or any farm machinery used in the actual tilling of the soil and production of crops or any stationary motor used for agricultural purposes. See Louisiana Revised Statutes 47:1690
  • Regular plan: means the original plan that became effective upon the establishment of the retirement system in 1955, as amended, excluding the supplemental plan. See Louisiana Revised Statutes 11:1732
  • 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
  • Revision date: means October 1, 1978, the effective date of the establishment of Plan A and Plan B. See Louisiana Revised Statutes 11:1732
  • Service certificate: means a statement of a member's total creditable service as approved by the board. See Louisiana Revised Statutes 11:1732
  • Service date: means the date of enrollment of a member into the system. See Louisiana Revised Statutes 11:1732
  • Service of process: The service of writs or summonses to the appropriate party.
  • State entomologist: means the entomologist of the Louisiana Department of Agriculture. See Louisiana Revised Statutes 3:2302
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Supplemental plan: means the supplementary plan established by Act No. See Louisiana Revised Statutes 11:1732
  • Surviving spouse: means a legal spouse who was married to a member at the time of the member's death and for at least twelve months immediately prior thereto. See Louisiana Revised Statutes 11:1732
  • Teaching purposes: means a nondiagnostic or nontherapeutic examination that is solely for the education of the learner. See Louisiana Revised Statutes 40:1160.2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • 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.
  • Turtle group: means any amount, either multiple or single units, consisting of no more than twenty thousand farm-raised turtles or turtle eggs. See Louisiana Revised Statutes 3:2358.3
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.