La. Admin. Code tit. 28 § CLXI-503

Current through Register Vol. 50, No. 9, September 20, 2024

Section CLXI-503 - Individuals and Entities as Owners for Licensing Purposes

A. Individuals by organizational type who are considered owners for licensing purposes:

1.individuals-individual and spouse, unless the business is the separate property of the licensee acquired before his or her marriage, acquired through a judicial separation of property agreement or acquired via a judicial termination of the community of aquets and gains;

2.partnerships- all limited or general partners and managers, including but not limited to all persons registered as limited or general partners in the Secretary of States Corporations Division;

3.head start centers- individual responsible for supervising center directors;

4.church-owned, government entity, or university-owned- any clergy member or board member that is present in the early learning center during the hours of operation or when children are present. Clergy or board members not present in the early learning center shall complete a statement attesting to such;

5.corporations (includes limited liability companies)-

a. any person who has 25 percent or greater share in the ownership or management of the business; or

b. any person who has less than a 25 percent share in the ownership or management of the business and meets one or more of the following criteria:

i. has unsupervised access to the children in care at the center;

ii. is present in the center during hours of operation;

iii. makes decisions regarding the day-to-day operations of the center;

iv. hires or fires staff including the director; or

v. oversees staff or conducts personnel evaluations of the staff.

La. Admin. Code tit. 28, § CLXI-503

Promulgated by the Board of Elementary and Secondary Education, LR 41621 (April 2015). effective 7/1/2015.

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:407.31 et seq., R.S. 17:407.41, and R.S. 17:407.42.