La. Admin. Code tit. 42 § XIII-101
Act- the Louisiana Riverboat Economic Development and Gaming Control Act.
Administrative Decision- the final action, decision, order, or disposition by (the supervisor) or chairman of a request for administrative approval.
Advisory Panel- a panel or group of persons appointed by the chairman with and given a request to study, consider, and advise the commission regarding specific or generalized issues, areas or courses of action.
Applicant- any person who has filed any part of an application with the commission seeking any certificate or permit authorized by the Act or by rule of the commission.
Application- all the information, documents, forms, and materials required by the Act and commission rules to be filed with the commission (or division) for any license, certificate, or permit authorized by the Act, commission rule or division rule.
Architectural Plans and Specifications or Architectural Plans or Plans or Specifications- all the plans, drawings, and specifications for the construction, furnishing, and equipping of a riverboat, and including but not limited to, detailed specifications of and illustrative drawings or models depicting the proposed size, layout and configuration of the component parts of the vessel, including electrical and plumbing systems, engineering, structure, and aesthetic interior and exterior design as prepared by one or more licensed professional architects and engineers.
Berth- the approximate location or locations where a riverboat is or will be authorized to dock as provided in the Act and commission rules.
Certificate- an approval or authority issued by the commission. Certificate shall also mean the document or writing issued by the commission as evidence of the approval or authority granted.
Certificate of Final Approval- a certificate issued by the commission when and if, upon completion, the vessel and all support facilities comply with all requirements of the Act and the regulations and, after a final inspection, have been certified by the applicant to be constructed in accordance with the riverboat plans, specifications and any conditions previously approved by the commission.
Certificate of Preliminary Approval- a certificate approving construction of a riverboat in accordance with a certificate and conditions thereto and preliminary approval of a proposed riverboat route and operations, as described in the application.
Chairman- the chairman of the Louisiana Riverboat Gaming Commission.
Commission- the Louisiana Riverboat Gaming Commission.
Compliance Ruling- a nonemergency ruling or opinion issued by the chairman determining whether a proposed action of a person subject to commission jurisdiction or a holder of a certificate will comply or has complied with a commission order or regulation, or condition of a certificate.
Component- a substantial portion or tangible part of a riverboat that must be constructed, modified or installed in or on the riverboat to complete construction of a riverboat, including but not limited to hulls, decks, paddlewheels, engines, motors, boilers, modular units, generators, electrical systems and wiring, plumbing systems and apparatus, heating and cooling systems, custom-made furniture and fixtures. Component shall not include gaming devices, equipment and supplies.
Condition- a condition or term upon which a certificate is issued. A condition may be voluntary or proposed by the applicant, or may be ordered by the commission even if not agreed to or proposed by the applicant in his application for certificate.
Day- as used in these rules and regulations, shall mean a calendar day.
Designated Waterways- those waterways listed in the Act.
Division- the Louisiana Riverboat Gaming Enforcement Division of the Office of State Police.
Dock- to lower the gangplank to a pier or shore or to anchor a riverboat at a pier or shore, or both. The term also means the place where docking occurs and where one or more berths may be located.
Emergency Order- an order or approval issued by the chairman or his designee when an emergency or safety consideration necessitates immediate modification of an order of the commission, of a certificate or a condition thereof, or authorized route or operation of a riverboat.
Excursion- that period of time when a riverboat is away from its approved berth or is embarking or disembarking passengers at its approved berth.
Gaming Operator- a person issued a license by the division to conduct gaming operations upon a riverboat.
Hearing- a proceeding conducted by or at the direction of the supervisor or the commission and includes formal proceedings conducted by a hearing officer at the request of the commission to determine issues of fact or law and take such other action as authorized and provided in the Act or the commission rules.
Hearing Officer- an agent of the commission appointed by the chairman from a list approved by the commission to conduct a hearing, who has the following qualifications:
a. must be at least 21 years of age;
b. must be licensed to practice law in the state of Louisiana;
c. must have a working knowledge of the Act and the regulations; and
d. such other qualifications required by the commission.
Holder- the person to whom a certificate has been issued.
Inspection- a surveillance or observation by the commission or its agents of operations conducted by a licensee or permittee, which surveillance and observation may or may not be made known to the licensee or permittee. Inspection also means a surveillance or examination of the activities of a holder of certificate including construction of a riverboat and any operation or activity conducted by a person holding a certificate.
License or Operator's License- a riverboat gaming operator's license.
Licensee- a person who holds a license or operator's license.
Meeting- a gathering of the commission pursuant to law at which a quorum is present for the purpose of deliberating toward a decision or making a decision. The term includes but is not limited to, consideration of an application for certificate, the consideration of appeals taken from decisions of the division concerning license or permit applications, transfer of interest, issues involving matters of taxation, fees, charges and/or penalties, disciplinary proceedings, and exclusion list proceedings.
Modification- a change or modification of a material or substantial term, condition, part or portion of a certificate or commission order which is initiated by an applicant or holder.
Operation- the conducting of activities, excursions or gaming operations as described in an application or certificate.
Operator's License- a riverboat gaming operator's license.
Passenger Access Area- any enclosed or unenclosed area of a riverboat that is open to the public including but not limited to lavatories, restaurants, shopping areas, seating, lounges, entertainment areas, the outside deck areas and the designated gaming area.
Permit- a permit other than a certificate issued by the commission.
Permittee- a person who holds a permit by the commission.
Person- a person as defined in the Act.
Riverboat- a vessel that carries a valid certificate of inspection issued by the United States Coast Guard with regard to the carriage of passengers on designated rivers or waterways within, or contiguous to the boundaries of the state of Louisiana, carries a valid Certificate of Inspection from the United States Coast Guard for the carriage of a minimum of 600 passengers and crew, has a minimum length of 150 feet, is of such type and design so as to replicate in the opinion of the commission as nearly as practicable historic Louisiana river borne steamboat passenger vessels of the nineteenth century era, and is paddlewheel driven. For purposes of this Chapter, paddlewheel driven shall mean that the riverboat has one or more functional paddlewheels which, in the opinion of the commission, substantially contribute to the overall propulsion of the riverboat. A riverboat as defined herein is not required to be steam propelled or maintain overnight facilities for its passengers.
Riverboat Operator- an owner and/or operator of a riverboat.
Route- the authorized route or path of a riverboat moving upon designated rivers and waterways as permitted or authorized by the commission.
Rule or Regulation- an administrative rule promulgated by the commission pursuant to the Act.
Supervisor- the individual in charge of the division.
La. Admin. Code tit. 42, § XIII-101