Sections
Part I Auction Sales 9:3151 – 9:3165
Part II Judicial Sales 9:3166 – 9:3175
Part III Expropriation 9:3191.1

Terms Used In Louisiana Revised Statutes > Title 9 > CODE TITLE VII > Chapter 6 - Auction Sales, Judicial Sales, and Expropriation

  • accountability plan: means the statewide human services plan developed by the department in consultation with the Human Services Interagency Council which sets forth the criteria, process, timelines, guidelines for service delivery, clinical protocols, evidence-based practices, quality management and monitoring, data collection and reporting, performance outcome measures, and information management to be followed by the department and the districts. See Louisiana Revised Statutes 28:911
  • Accumulated contributions: means the sum of all amounts paid by a member, excluding interest paid on the repayment of a refund, and credited to his individual account in the employee's savings account, together with regular interest credited prior to July 1969. See Louisiana Revised Statutes 11:403
  • Accumulated 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
  • 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

  • Active duty: means active duty pursuant to an executive order of the president of the United States, an act of the Congress of the United States, or the provisions of La. See Louisiana Revised Statutes 29:311
  • 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
  • Addictive disorder: is a primary, chronic neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations. See Louisiana Revised Statutes 28:2
  • 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 costs: means costs incurred by the Louisiana Department of Health, office of public health in the administration of the program, including but not limited to:

                (a) Program startup costs. See Louisiana Revised Statutes 40:2822

  • Administrative units: means developmental centers and any other unit established under the administration and supervision of the office. See Louisiana Revised Statutes 28:451.2
  • administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:221
  • Administrator: means the administrator of veterans' affairs of the United States or his successor. See Louisiana Revised Statutes 29:351
  • Administrator: means the administrator of the child support enforcement section, office of children and family services, Department of Children and Family Services. See Louisiana Revised Statutes 9:315.40
  • administrator: means a person in charge of a treatment facility or his deputy. See Louisiana Revised Statutes 28:2
  • advance directive: means a written document voluntarily executed by a principal in accordance with the requirements of this Part and includes a declaration or the appointment of a representative or both. See Louisiana Revised Statutes 28:221
  • 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.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: means payments for life derived from the "accumulated contributions" of a member. See Louisiana Revised Statutes 11:701
  • 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.
  • 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
  • Appraisal: A determination of property value.
  • Appropriate: means all of the following:

                (a) In accordance with standards of the Louisiana Department of Health and the provisions of this Chapter. See Louisiana Revised Statutes 28:451.2

  • 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.
  • Assistant secretary: means the assistant secretary of the office for citizens with developmental disabilities of the Louisiana Department of Health. See Louisiana Revised Statutes 28:451.2
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney general: means the Louisiana attorney general. See Louisiana Revised Statutes 40:2863
  • Authenticate: means either of the following:

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

  • Authorized agent: means an employee of the department designated by the state health officer to enforce the provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • Behavioral health: is a term used to refer to both mental health and substance use. See Louisiana Revised Statutes 28:2
  • Behavioral health services: means community-based mental health and substance-related and addictive disorders services. See Louisiana Revised Statutes 28:911
  • Behavioral health treatment: means treatment of mental illness with psychotropic medication, admission to and retention in a treatment facility, or outpatient services. See Louisiana Revised Statutes 28:221
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means a person who resides or is employed in this state and is covered or is eligible to be covered by a health plan. See Louisiana Revised Statutes 40:2863
  • Beneficiary: means any person designated by the member or legally entitled to receive a retirement allowance, an annuity, or other benefit. See Louisiana Revised Statutes 11:403
  • Benefits: means all moneys paid or payable by the United States through the veterans administration. See Louisiana Revised Statutes 29:351
  • Board: means the Louisiana Emergency Response Network Board. See Louisiana Revised Statutes 40:2842
  • Board: means the governing body of the district or authority. See Louisiana Revised Statutes 28:911
  • Board: means the board of trustees of the Assessors' Retirement Fund. See Louisiana Revised Statutes 11:1402
  • Board of Pharmacy: means the Louisiana Board of Pharmacy. See Louisiana Revised Statutes 40:2863
  • Board of supervisors: means the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
  • Brand: means any name, trademark, or other designation under which an agricultural liming material is sold. See Louisiana Revised Statutes 3:1430.2
  • Bulk: means in nonpackaged form. See Louisiana Revised Statutes 3:1430.2
  • Capitalization grant: means the assistance agreement by which the United States Environmental Protection Agency obligates and awards funds allotted to the state for the purposes of capitalizing the Drinking Water Revolving Loan Fund as well as any other monies for other purposes authorized by the federal act. See Louisiana Revised Statutes 40:2822
  • Case records: means medical and treatment records, records and investigations of abuse or neglect of adults, records of public health services including children's special health services, nutrition, and immunization, and other medical, disability, or behavioral health service records related to services provided by the district or authority or the department. See Louisiana Revised Statutes 28:911
  • Chalk: means a soft, friable, loosely consolidated material composed primarily of calcium carbonate. See Louisiana Revised Statutes 3:1430.2
  • Chambers: A judge's office.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Client: refers to a recipient of services who has been charged with or convicted of a crime and who requires special protection and restraint in a forensic treatment facility. See Louisiana Revised Statutes 28:2
  • Commercial: means built or operated for any purpose where revenue is produced or profit realized. See Louisiana Revised Statutes 41:1704
  • Commercial body art facility: means any location, place, area, or business, whether permanent or temporary, which provides consumers access to personal services workers who for remuneration perform any of the following procedures:

                (a) Tattooing or the insertion of pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin. See Louisiana Revised Statutes 40:2831

  • commissioner: means the "Commissioner, Louisiana Department of Agriculture. See Louisiana Revised Statutes 3:4201
  • Commissioner of insurance: means the Louisiana commissioner of insurance. See Louisiana Revised Statutes 40:2863
  • Community home: means a living option, certified, licensed, or monitored by the Louisiana Department of Health, where six or fewer people with developmental disabilities reside. See Louisiana Revised Statutes 28:451.2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compliance with an order of support: means that the support obligor is no more than ninety days in arrears in making payments in full for current support, or in making periodic payments on a support arrearage pursuant to a court order or written agreement with the department, or in making periodic payments as set forth in a court order of support, and has obtained or maintained health insurance coverage if required by an order of support. See Louisiana Revised Statutes 9:315.40
  • 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.
  • Consumer: means any individual who is provided access to a tanning facility which is required to be registered pursuant to provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • Consumer: means any individual who is provided access to a commercial body art facility which is required to be registered pursuant to the provisions of this Chapter. See Louisiana Revised Statutes 40:2831
  • Consumer: means any person who purchases agricultural liming materials for use on fields owned or leased by that person. See Louisiana Revised Statutes 3:1430.2
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cost: means , with reference to a project, all capital costs incurred or to be incurred for a public water system, including but not limited to:

                (a) Engineering, financing, and other fees. See Louisiana Revised Statutes 40:2822

  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court: means any court exercising jurisdiction over the determination of child support, paternity, or criminal neglect of family proceedings. See Louisiana Revised Statutes 9:315.31
  • Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
  • Credit: includes every claim and demand for money, labor, merchandise and other valuable things. See Louisiana Revised Statutes 47:1702
  • Curator: means any person acting as a fiduciary for an incompetent ward. See Louisiana Revised Statutes 29:351
  • Dangerous to others: means the condition of a person whose behavior or significant threats support a reasonable expectation that there is a substantial risk that he will inflict physical harm upon another person in the near future. See Louisiana Revised Statutes 28:451.2
  • declaration: means a written document executed by a principal, in accordance with the requirements of this Part, setting forth preferences or instructions regarding behavioral health treatment in the event the principal is determined to be incapable and behavioral health treatment is necessary. See Louisiana Revised Statutes 28:221
  • 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.
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2703
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2831
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2842
  • Department: means the Department of Children and Family Services when rendering child support enforcement services in  TANF or non-TANF cases. See Louisiana Revised Statutes 9:315.31
  • Department: means the Department of Children and Family Services, office of children and family services. See Louisiana Revised Statutes 9:315.40
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:451.2
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:911
  • Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:2
  • Department: means the Department of Agriculture and Forestry. See Louisiana Revised Statutes 3:1
  • Department of Insurance: means the Louisiana Department of Insurance. See Louisiana Revised Statutes 40:2863
  • Department of Justice: means the Louisiana Department of Justice. See Louisiana Revised Statutes 40:2863
  • Deploying parent: means a parent of a minor child whose parental rights have not been terminated and whose custody or visitation rights have not been restricted by court order to supervised visitation only, by a court of competent jurisdiction who is deployed or has received written orders to deploy with the United States military or any reserve component thereof. See Louisiana Revised Statutes 9:359.1
  • Deployment: means military service in compliance with mandatory written orders, unaccompanied by any family member, for combat operations, contingency operations, peacekeeping operations, temporary duty, a remote tour of duty, or other active service. See Louisiana Revised Statutes 9:359.1
  • Deposit: means the action of placing or moving materials by artificial means, over state lands which results in or adds to a landfill, whether contained within a bulkhead or not. See Louisiana Revised Statutes 41:1704
  • 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
  • Determination: means determination of eligibility for entry into the system. See Louisiana Revised Statutes 28:451.2
  • Developmental disabilities services: means programs, services, and supports for persons with developmental disabilities that include but are not limited to information and referral services, support coordination services, system entry services, development of the support profiles and plans, individual and family support services, living options, habilitation services, and vocational services. See Louisiana Revised Statutes 28:451.2
  • Developmental disability: means either:

                (a) A severe, chronic disability of a person that:

                (i) Is attributable to an intellectual or physical impairment or combination of intellectual and physical impairments. See Louisiana Revised Statutes 28:451.2

  • Devise: To gift property by will.
  • Diagnosis: means the art and science of determining the presence of disease in an individual and distinguishing one disease from another. See Louisiana Revised Statutes 28:2
  • Disadvantaged community: means the service area of a public water system wherein the system's existing or projected rates for water service do not meet affordability criteria established under the Intended Use Plan of the Louisiana Department of Health, office of public health. See Louisiana Revised Statutes 40:2822
  • Discharge: means the full or conditional release from a treatment facility of any person admitted or otherwise detained under this Chapter. See Louisiana Revised Statutes 28:2
  • 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 a person who sells, offers for sale, or distributes agricultural liming materials in this state on the wholesale level. See Louisiana Revised Statutes 3:1430.2
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Drinking Water Revolving Loan Fund: means the revolving loan fund established under this Chapter pursuant to the authority of the federal act. See Louisiana Revised Statutes 40:2822
  • Encroachment: means any construction, or improvement, obstacle, fill, or material which is placed upon or maintained upon state lands. See Louisiana Revised Statutes 41:1704
  • 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.
  • Environmental review: means an environmental review process conducted by the Louisiana Department of Health of any public water system that has applied for or has received a loan or other assistance from the program. See Louisiana Revised Statutes 40:2822
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Estate: means income on hand and assets acquired partially or wholly with income. See Louisiana Revised Statutes 29:351
  • Ex officio: Literally, by virtue of one's office.
  • Facility administrator: means the official appointed as the head of a state or privately operated residential facility and includes anyone designated by the facility administrator to act on behalf of the facility administrator. See Louisiana Revised Statutes 28:451.2
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal act: means the federal Safe Drinking Water Act (42 U. See Louisiana Revised Statutes 40:2822
  • 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.
  • firm: means any partnership, association, or other unincorporated business organization. See Louisiana Revised Statutes 3:4201
  • 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
  • framework: means the requirements specified in the contract between the department and the district that set forth the organizational structure, eligible and priority populations, core and targeted services, and standards for intake and access to institutional and community services, which require adherence to the human services accountability plan for a district. See Louisiana Revised Statutes 28:911
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Governmental agency: means the state, its political subdivisions, or any agency thereof, Indian tribes, and combinations of governmental entities, which have the authority to own, construct, or operate a public water system or a wastewater treatment facility and other related activities. See Louisiana Revised Statutes 40:2822
  • 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
  • Grantor: The person who establishes a trust and places property into it.
  • Gravely disabled: means the condition of a person who is unable to provide for his own basic physical needs, such as essential food, clothing, medical care, or shelter, as a result of serious mental illness or a substance-related or addictive disorder and is unable to survive safely in freedom or protect himself from serious physical harm or significant psychiatric deterioration. See Louisiana Revised Statutes 28:2
  • Ground shells: means a material obtained by grinding the shells of mollusks. See Louisiana Revised Statutes 3:1430.2
  • Group home: means a living option, certified, licensed, or monitored by the department, where seven to fifteen people with developmental disabilities reside. See Louisiana Revised Statutes 28:451.2
  • 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.
  • Health plan: means an individual or group plan or program which is established by contract, certificate, law, plan, policy, subscriber agreement, or by any other method and which is entered into, issued, or offered for the purpose of arranging for, delivering, paying for, providing, or reimbursing any of the costs of health or medical care, including pharmacy services, drugs, or devices. See Louisiana Revised Statutes 40:2863
  • Human services authority or district: means a special authority or district provided for in Chapter 21 of this Title that has assigned powers, duties, and functions regarding the delivery of mental health, developmental disabilities, and addictive disorders services funded by appropriations from the state and provided through memoranda of agreement with the program offices of the department. See Louisiana Revised Statutes 28:451.2
  • 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
  • Incapable: means that, due to any infirmity, the principal is currently unable to make or to communicate reasoned decisions regarding the principal's behavioral health treatment. See Louisiana Revised Statutes 28:221
  • Income: means moneys received from the veterans administration and revenue or profit from any property wholly or partially acquired therewith. See Louisiana Revised Statutes 29:351
  • 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
  • Indian tribe: means an Indian tribe having a federally recognized governing body carrying out substantial governmental duties and powers over any area within the state. See Louisiana Revised Statutes 40:2822
  • Individual: means any human being. See Louisiana Revised Statutes 40:2703
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intended Use Plan: means a document which describes how the state intends to use the federal capitalization grant funds, state matching funds, principal repayments, interest earnings, and any other monies associated with the Drinking Water Revolving Loan Fund Program during each year in order to meet the objectives of the federal act and further the goal of protecting public health. See Louisiana Revised Statutes 40:2822
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interdisciplinary review: means a review by a team of professionals for the purpose of determining the presence of a developmental disability as defined in this Chapter. See Louisiana Revised Statutes 28:451.2
  • Interdisciplinary team: means a group that reviews information, data and input from a person to make recommendations relevant to the needs of the person. See Louisiana Revised Statutes 28:451.2
  • Internal Revenue Code: means the United States Internal Revenue Code of 1986, as amended. See Louisiana Revised Statutes 11:701
  • intervention and stabilization unit: means a type of crisis receiving center in which a staff of mental health and behavioral health specialists provide a high level of screening and assessment to people experiencing mental health or behavioral health crises. See Louisiana Revised Statutes 28:931
  • intrastate commerce: means commerce within the state. See Louisiana Revised Statutes 3:4201
  • Jobber: means a person who buys or sells agricultural liming materials in this state for another person and who is paid commissions for his services. See Louisiana Revised Statutes 3:1430.2
  • Jurisprudence: The study of law and the structure of the legal system.
  • Label: means any written or printed matter on or attached to a package of materials or an invoice for a shipment of bulk materials. See Louisiana Revised Statutes 3:1430.2
  • label: means a display of written, printed, or graphic matter upon 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
  • Landfill: means the direct or induced raising or elevating of any navigable waterbottom by deposit to the extent that newly emerging land results, not covered at mean low water or navigable rivers and streams or mean high water on other state properties. See Louisiana Revised Statutes 41:1704
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means any license, certification, registration, permit, approval, or other similar document evidencing admission to or granting authority for any of the following:

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

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

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

  • Licensing authority: means any state board, commission, department, agency, officer, or other entity which issues, authorizes, or otherwise regulates licenses as defined in Paragraph (4) of this Section. See Louisiana Revised Statutes 9:315.40
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • livestock: means any animal bred, kept, maintained, raised, or used for show, profit, or for the purpose of selling or otherwise producing crops, animals, or plant or animal products for market. See Louisiana Revised Statutes 3:2651
  • Living options: means a variety of service settings wherein people with developmental disabilities live, including but not limited to extended family living, supported living, community homes, group homes, and residential facilities. See Louisiana Revised Statutes 28:451.2
  • Loan: means a loan of money from the Drinking Water Revolving Loan Fund for eligible project costs. See Louisiana Revised Statutes 40:2822
  • Local governing entity: means an integrated human services delivery system with local accountability and management and which provides behavioral health and developmental disabilities services through local human services districts and authorities. See Louisiana Revised Statutes 28:2
  • Lot: means the quantity of materials from which a sample has been taken and which the sample represents. See Louisiana Revised Statutes 3:1430.2
  • Manager: means any individual designated by the owner to manage the daily business of a commercial body art facility. See Louisiana Revised Statutes 40:2831
  • Manufacturer: means a person who produces agricultural liming materials which are sold, offered for sale, or distributed in this state. See Louisiana Revised Statutes 3:1430.2
  • Marl: means a granular or loosely consolidated earthy material composed primarily of seashell fragments and calcium carbonate. See Louisiana Revised Statutes 3:1430.2
  • Material: means rock, gravel, sand, shell, silt, or other inorganic substances used to fill any state lands of this state. See Louisiana Revised Statutes 41:1704
  • materials: means solid or liquid materials which contain calcium or magnesium and which are sold, offered for sale, or distributed for use in neutralizing acidity in agricultural soils. See Louisiana Revised Statutes 3:1430.2
  • 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
  • Medical psychologist: means a psychologist who has undergone specialized training in clinical psychopharmacology and has passed a national proficiency examination in psychopharmacology approved by the Louisiana State Board of Medical Examiners and who holds a current and valid license from the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 28:2
  • Member: means any employee included in the membership of the funded system as provided in La. See Louisiana Revised Statutes 11:952.1
  • Mental health advocacy service: means a service established by the state of Louisiana for the purpose of providing legal counsel and representation for persons with mental illness or substance-related or addictive disorders and for ensuring that the legal rights of those persons are protected. See Louisiana Revised Statutes 28:2
  • Minor: means a person under eighteen years of age. See Louisiana Revised Statutes 28:2
  • Minor child: means an unmarried child under the age of eighteen years or an unmarried student under the age of twenty-three years who is the issue of a marriage of a member of this system, the legally adopted child of a member of this system, a child born outside of marriage of a female member of this system, or the child of a male member of this system if acknowledged or filiated pursuant to the provisions of the Civil Code. See Louisiana Revised Statutes 11:403
  • 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.
  • Most integrated setting: is a n environment that includes the full range of service and support options that reflect the desires and goals of the person and that address the needs of the person and which promotes the full participation in daily life and activities. See Louisiana Revised Statutes 28:451.2
  • Motor vehicle: means any automobile, car, minivan, passenger van, sport utility vehicle, pickup truck, or other self-propelled vehicle not operated or driven on fixed rails or track. See Louisiana Revised Statutes 29:311
  • 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
  • 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
  • Net proceeds: means the funds raised from the sale of bonds minus issuance costs, which costs include but are not limited to the underwriting discount, printing of disclosure documents' bond certificates, and the fees of the underwriter's legal counsel, bond counsel, financial advisor, rating agency, and trustee banks. See Louisiana Revised Statutes 40:2822
  • Network: means the Louisiana Emergency Response Network. See Louisiana Revised Statutes 40:2842
  • Non-community water system: means a public water system that serves persons in a nonresidential setting. See Louisiana Revised Statutes 40:2822
  • Oath: A promise to tell the truth.
  • Obligation: means any retail installment sales contract, other contract for the purchase of goods or services, or bond, bill, note, or other instrument of writing for the payment of money arising out of the contract or other transaction for the purchase of goods or services. See Louisiana Revised Statutes 29:311
  • Obligee: means any person to whom an award of child support is owed and may include the department. See Louisiana Revised Statutes 9:315.31
  • Obligor: means any individual legally obligated to support a child or children pursuant to an order of support. See Louisiana Revised Statutes 9:315.31
  • Obligor: means any individual legally obligated to support a child or children pursuant to an order of support. See Louisiana Revised Statutes 9:315.40
  • 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
  • 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
  • Operator: means any individual designated by the registrant to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment. See Louisiana Revised Statutes 40:2703
  • Operator: means any individual designated by the registrant to apply or to assist in the performance of body art procedures upon the consumer for remuneration. See Louisiana Revised Statutes 40:2831
  • Order: means any custody or visitation judgment, decree, or order issued by a court of competent jurisdiction in this state or any judgment of another state which has been made executory in this state. See Louisiana Revised Statutes 9:359.1
  • Order of support: means any judgment or order for the support of dependent children issued by any court of this state or another state, including any judgment or order issued in accordance with an administrative procedure established by state law that affords substantial due process and is subject to judicial review. See Louisiana Revised Statutes 9:315.40
  • 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

  • Outpatient services: means treatment for a mental illness or a substance-related or addictive disorder that is obtained on an outpatient basis. See Louisiana Revised Statutes 28:221
  • 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 any person who operates a commercial body art facility. See Louisiana Revised Statutes 40:2831
  • Owner: means the actual owner of record. See Louisiana Revised Statutes 41:1704
  • Parent: means a person who is the biological mother or father of an individual or the legally adoptive mother or father of an individual. See Louisiana Revised Statutes 28:2
  • Patient: means any person detained and taken care of as a person who has a mental illness or person who is suffering from a substance-related or addictive disorder. See Louisiana Revised Statutes 28:2
  • Person: means an individual, a partnership, a corporation, or an association. See Louisiana Revised Statutes 29:351
  • Person: shall mean any individual, partnership, corporation, organization, or entity not including political subdivisions or state agencies. See Louisiana Revised Statutes 41:1704
  • Person: means any individual, partnership, corporation, association, or other legal entity. See Louisiana Revised Statutes 3:1430.2
  • Person: means a person with a developmental disability. See Louisiana Revised Statutes 28:451.2
  • 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
  • Persons: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities. See Louisiana Revised Statutes 40:2703
  • Petition: means a written civil complaint filed by a person of legal age alleging that a person has a mental illness or is suffering from a substance-related or addictive disorder and requires judicial commitment to a treatment facility. See Louisiana Revised Statutes 28:2
  • Phototherapy device: means a piece of equipment that emits ultraviolet radiation and is used by a licensed health care professional in the treatment of disease. See Louisiana Revised Statutes 40:2703
  • Physician: means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 28:221
  • Physician: means an individual licensed to practice medicine by the Louisiana State Board of Medical Examiners in active practice or an individual in a post-graduate medical training program of an accredited medical school in Louisiana or a medical officer similarly qualified by the government of the United States while in the state in the performance of his official duties. See Louisiana Revised Statutes 28:2
  • 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
  • Plan coordinator: means the individual who is responsible for guiding the support team in development of the support plan for the person with a disability. See Louisiana Revised Statutes 28:451.2
  • 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

  • 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
  • Principal: means an individual who has executed an advance directive for behavioral health treatment. See Louisiana Revised Statutes 28:221
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Program: means the Drinking Water Revolving Loan Fund Program as established by this Chapter. See Louisiana Revised Statutes 40:2822
  • Project: means improvements or activities to be undertaken by a public water system which:

                (a) Are of a type that will facilitate compliance with state drinking water regulations which are no less stringent than any federal drinking water regulations adopted pursuant to the federal act. See Louisiana Revised Statutes 40:2822

  • 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
  • Property: means anything of value, including movables and immovables, including the whole of any lot or tract of land and corporeal and incorporeal movable property, including currency, instruments, or securities, or any other kind of privilege, claim, or right and includes any interest therein. See Louisiana Revised Statutes 40:2601
  • Provider: means a behavioral health treatment provider. See Louisiana Revised Statutes 28:221
  • Provider: means a person, partnership, corporation, state agency, or other entity that provides developmental disabilities services and receives either state or federal funds or both. See Louisiana Revised Statutes 28:451.2
  • Psychiatric mental health nurse practitioner: means an advanced practice registered nurse licensed to practice as a nurse practitioner or clinical nurse specialist by the Louisiana State Board of Nursing, in accordance with the provisions of La. See Louisiana Revised Statutes 28:2
  • Psychiatrist: means a physician who has at least three years of formal training or primary experience in the diagnosis and treatment of mental illness. See Louisiana Revised Statutes 28:2
  • Psychologist: means a clinical or medical psychologist who is licensed to practice psychology in Louisiana. See Louisiana Revised Statutes 28:221
  • Psychologist: means an individual licensed to practice psychology in Louisiana in accordance with La. See Louisiana Revised Statutes 28:2
  • Public water system: means a system for the provision to the public of water for potable purposes, through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily for at least sixty days out of the year. See Louisiana Revised Statutes 40:2822
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Refund: means the withdrawal of all accumulated contributions at least thirty days after termination from the state service, or with respect to members having the option of belonging to the system, withdrawal of all accumulated contributions at least thirty days after receipt by the system of written notice of withdrawal. See Louisiana Revised Statutes 11:403
  • Registrant: means any person who is registered with the department as required by provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • Registrant: means any person who is registered with the department as required by provisions of this Chapter. See Louisiana Revised Statutes 40:2831
  • Registration: means registration with the department in accordance with the provisions of this Chapter. See Louisiana Revised Statutes 40:2703
  • 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
  • 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.
  • Representative: means a competent adult validly appointed under La. See Louisiana Revised Statutes 28:221
  • 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.
  • Residential facilities: means living options that are certified and licensed by the department to provide residential services to sixteen or more persons. See Louisiana Revised Statutes 28:451.2
  • Respondent: means a person alleged to have a mental illness or be suffering from a substance-related or addictive disorder and for whom an application for commitment to a treatment facility has been filed. See Louisiana Revised Statutes 28:2
  • Restraint: means the partial or total immobilization of any or all of the extremities or the torso by mechanical means for psychiatric indications. See Louisiana Revised Statutes 28:2
  • Retailer: means a person who sells agricultural liming materials to consumers in this state. See Louisiana Revised Statutes 3:1430.2
  • 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 Teachers' Retirement System of Louisiana as defined in La. See Louisiana Revised Statutes 11:701
  • Seclusion: means the involuntary confinement of a patient alone in a room where the patient is physically prevented from leaving for any period of time, except that seclusion does not include the placement of a patient alone in a room or other area for no more than thirty minutes at a time and no more than three hours in any twenty-four-hour period pursuant to behavior-shaping techniques, such as "time-out". See Louisiana Revised Statutes 28:2
  • Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 28:911
  • 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

  • Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
  • Service of process: The service of writs or summonses to the appropriate party.
  • Services: means developmental disability services. See Louisiana Revised Statutes 28:451.2
  • Set-asides: means use of a portion of the state's allotted capitalization grant funds for various project and non-project activities as authorized under the federal act. See Louisiana Revised Statutes 40:2822
  • 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.
  • sewerage district: as used in this Subpart shall include the city of Shreveport. See Louisiana Revised Statutes 33:3981.1
  • 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
  • Spouse: means a person who is legally married to a member of this system. See Louisiana Revised Statutes 11:403
  • State: means the state of Louisiana. See Louisiana Revised Statutes 11:952.1
  • State health officer: means the employee of the department who is the chief health care official of the state as provided for in La. See Louisiana Revised Statutes 40:2703
  • State health officer: means the employee of the department who is the chief health care official of the state as provided for in La. See Louisiana Revised Statutes 40:2831
  • State psychiatric hospital: means a public, state-owned and operated inpatient facility for the treatment of mental illness and substance-related and addictive disorders. See Louisiana Revised Statutes 28:2
  • Structure: means any encroachment upon state lands, other than those which are specified as the subject matter of a particular class of permit, which is permanently attached to the public lands by pilings, or other means, including, but not limited to storage docks, houses, camps, warehouses, residences, bulkheads not proximate to the shore or bank, business establishments, dams, bridges, impoundment structures, or similar works. See Louisiana Revised Statutes 41:1704
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantial functional limitations: means documented evidence of limitations in present functioning considered within the context of community environments typical of the age, peers, and culture of the person. See Louisiana Revised Statutes 28:451.2
  • Summons: Another word for subpoena used by the criminal justice system.
  • Support plan: means an individualized plan that coordinates supports and services to assist the person in reaching his desired outcomes and reflects the vision, personal preferences, life goals, and diverse formal and informal support needs of the person. See Louisiana Revised Statutes 28:451.2
  • Support profile: means a summary of identified supports or services that addresses the expressed needs and desires of the person and that is used in the development of the support plan for that person. See Louisiana Revised Statutes 28:451.2
  • Support team: means a team consisting of a person with a developmental disability, his plan coordinator, and may include his family and others whom the person chooses to assist him in developing a support plan. See Louisiana Revised Statutes 28:451.2
  • 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
  • Suspension: means a temporary revocation of a license for an indefinite period of time or the denial of an application for issuance or renewal of a license. See Louisiana Revised Statutes 9:315.31
  • suspension: includes a temporary suspension of the registration, including the seizure of the vehicle license plate, trailer license plate, or a certificate of identification or registration of a motorboat or sailboat for an indefinite period of time or the denial of an application for issuance or renewal of a registration or license plate. See Louisiana Revised Statutes 9:315.40
  • System: means the developmental disabilities services system. See Louisiana Revised Statutes 28:451.2
  • Tanning equipment: means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation. See Louisiana Revised Statutes 40:2703
  • Tanning facility: means any location, place, area, structure, or business which provides consumers access to tanning equipment. See Louisiana Revised Statutes 40:2703
  • 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
  • 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.
  • Termination: means complete cessation of employment with the state. See Louisiana Revised Statutes 11:403
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ton: means two thousand pounds avoirdupois. See Louisiana Revised Statutes 3:1430.2
  • 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 the removal of a patient from one mental institution to another without any procedure for admission other than is prescribed by the department. See Louisiana Revised Statutes 28:2
  • Treating physician: means the physician who has primary responsibility for the behavioral health treatment of the principal. See Louisiana Revised Statutes 28:221
  • Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Revised Statutes 28:2
  • Treatment facility: includes but is not limited to the following, and shall be selected with consideration of first, medical suitability; second, least restriction of the person's liberty; third, nearness to the patient's usual residence; fourth, financial or other status of the patient; and fifth, patient's expressed preference, except that such considerations shall not apply to forensic facilities:

                (i) Public and private behavioral health services providers licensed pursuant to La. See Louisiana Revised Statutes 28:2

  • 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
  • Tutor: means any person acting as a fiduciary for a minor ward. See Louisiana Revised Statutes 29:351
  • Ultraviolet radiation: means electromagnetic radiation with wavelengths in air between two hundred nanometers and four hundred nanometers. See Louisiana Revised Statutes 40:2703
  • University: means all campuses and divisions of the Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
  • Veterans administration: means the veterans administration, its predecessors, or successors. See Louisiana Revised Statutes 29:351
  • Ward: means a beneficiary of the veterans administration. See Louisiana Revised Statutes 29:351
  • 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