La. Admin. Code tit. 48 § V-11707

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

Section V-11707 - Copies of Certified Records

A. Certified Records through the Mail. Certified copies of records in the custody of the state registrar may be purchased by writing to Vital Records Registry, Box 60630, New Orleans, LA 70160. Release of these records is possible when the requirements as set forth in R.S. 40:32 et seq. are met. When writing the requestor shall:

1. indicate his/her relationship to the person named in the document;

2. provide the necessary identifying information to enable vital records personnel to locate the document:

a. births-fee as mandated by the Louisiana Revised Statutes:

i. name of registrant;

ii. date;

iii. city or parish of birth;

iv. maiden name of mother;

v. name of father;

b. deaths-fee as mandated by the Louisiana Revised Statutes:

i. name of deceased;

ii. date of death;

iii. city or parish of death;

c. marriage-fee as mandated by the Louisiana Revised Statutes:

NOTE: Only records pertaining to a license purchased in Orleans parish are available through the registry. In all parishes, except Orleans, certified copies of marriage certificates may be obtained from the clerk of court in the parish of license purchase.

i. name of bride;

ii. name of groom;

iii. date of marriage.

d. Payment must be made either by check or money order. The registry cannot accept responsibility for cash sent through the mails.

B. Certified Records at the Service Counter. Certified copies may be purchased by the requestor appearing in person at Room 103, 325 Loyola Avenue, New Orleans, LA, between the hours of 8:15 a.m. and 4 p.m. Monday through Fridays (excluding holidays). The requestor must complete a form supplying the pertinent information enumerated in Paragraph A.2, sign the application form, supply identification in accordance with posted identification requirements and pay the collectible fee as set forth in the Louisiana Revised Statutes. The requestor may purchase a certified copy of his/her birth certificate a the service counter by submitting a completed affidavit of identity, a confirmation of identity statement, and payment of the collectable fee as set forth in the Louisiana Revised Statutes. Payment must be made in cash, check, or money order.

1. Definitions. As used in this Section, the following terms shall have the meaning s ascribed to them in this Paragraph unless otherwise provided for or unless the context otherwise indicates:

a. Affidavit of Identity-a notarizes affidavit executed by the requestor of a certified copy of that person's birth certificate.

b. Confirmation of Identity Statement-a signed and dated written statement executed by an authorized individual of a qualifying organization on behalf of the requestor of a certified copy of the requestor's birth certificate.

c. Displaced Person-a person who is experiencing disruptive life circumstances, such as homelessness that may have caused the person to be without the documents or resources necessary to obtain identification.

d. Registrar-the state registrar of vital records.

e. Requestor-means the person requesting a certified copy f his or her birth certificate.

f. Qualifying Organization-any organization, association, corporation, coalition, confederation, company, business, alliance, establishment, enterprise, firm, club league, lodge, order, fellowship, fraternity, brotherhood, union, society, group, government entity, or other similar body that has met the requirements set forth in this rule for proper registration with the vital records registry.

2. Issuance of Birth Certificates. The registrar of vital records shall issue a certified copy of a birth certificate to a displaced person pursuant to this rule upon receiving an affidavit of identity fro the displace person accompanies by a confirmation of identity statement from a qualifying organization and upon payment of the required fees.

3. Affidavit of Identity

a. The affidavit shall be executed by the requestor before a notary public.

b. the affidavit shall include the following information insofar as known to the requestor:

i. the requestor's full legal name;

ii. the requestor's date of birth including the year, the month, and the day;

iii. the requestor's sex;

iv. the requestor's race;

v. the requestor's parish and/or city of birth, if known;

vii. the mother's maiden name, her parish, and/or city of birth, if known;

vii. the affidavit of identity should be in substantially the following form or in conformance herewith:

AFFIDAVIT OF IDENTITY

STATE OF LOUISIANA

PARISH OF_______________________ BEFORE ME, the undersigned notary, duly qualified, personally cam and appeared ____________________who, being by me first duly sworn, deposed and said that:

My full legal name is ___________________, I was born on the ___________day of_____________, 19_______, in __________________ Parish/City. My mother's maiden name was ___________________ and she born in _______________ Parish/City. The information contained within this affidavit is truthful and accurate to the best of my knowledge and belief.

___________________________

SIGNATURE OF AFFIANT

SWORN TO AND SUBSCRIBED BEFORE ME, this ________ day of ______________________, 19_______,

__________________

NOTARY PUBLIC

d. The vital records registry will produce and maintain a supply of blank affidavit of identity forms. They will be made available upon request of requestors of certified copies of birth certificates and qualifying organizations free of charge.

e. Improperly executed defective, or suspect affidavits may be rejected by the registrar.

f. The affidavit of identity must be accompanied by a confirmation of identity statement from a qualifying organization.

4. Confirmation of Identity Statement

a. The confirmation of identity statement must be a written, data, and signed statement from a qualifying organization completed on behalf of a displaced person and must sufficiently identify the displaced person.

b. The confirmation of identity statement shall include the following information:

i. the name of the qualifying organization;

ii. the name of the agent of individual of the qualifying organization, or his designee, executing the confirmation of identity statement and the agent's capacity with the organization.

iii. the location of the qualifying organization and the mailing address, if different;

iv. the telephone number of the qualifying organization;

v. the name and sex of the requestor on whose behalf the confirmation of identity statement is being written;

vi. a statement attesting to the fact that the qualifying organization is properly registered with the Vital records Registry;

vii. a statement attesting to the fact that the qualifying organization has had a sufficient on-going relationship with the requestor to establish the reliability of the requestor's identity with the qualifying organization.

c. The confirmation of identity statement should be in substantially the following form or in conformance therewith:

CONFIRMATION OF IDENTITY STATEMENT

TO: Registrar of Vital Records

FROM: (Name of qualifying organization)

DATE: (Date of execution of statement)

I have been designated by _____________________ (QUALIFYING ORGANIZATION), _______________________(STREET ADDRESS), _______________(CITY), Louisiana, ______(ZIP CODE), ____-__________________ (TELEPHONE NUMBER), to execute this statement on behalf of ___________________________ (REQUESTOR'S NAME).

MR./Mrs./Ms. ________________________ (REQUESTOR'S NAME), has had a sufficient on-going relationship with the ________________________(QUALIFYING ORGANIZATION) to establish identity.

(Additional relevant information may be included).

__________________ (AGENTS'S SIGNATURE)

__________________ (POSITION WITH QUALIFYING ORGANIZATION)

d. If the confirmation of identity statement is written on the qualifying organization's letterhead or stationery, the required information contained on the letterhead or stationery need not be duplicated within the text of the statement.

e. The individual executing the confirmation of identity statement must have a signature on file with the Vital Records Registry.

f. Improperly executed, defective, or suspect confirmation of identity statements may be rejected by the registrar.

g. A confirmation of identity statement executed in good faith by a qualifying organization shall not subject the qualifying organization to any sanction or liability.

5. Qualifying Organization-Criteria

a. To be recognized as a qualifying organization by the Vital Records Registry an organization must:

i. provide some type of service, assistance, aid, help, or support to displaced persons;

ii. submit a completed qualifying organization registration application to the office of vital records;

iii. be approved by the registrar of vital records.

6. Registration Requirements. An organization seeking qualification shall provide the Vital Records Registry with the following information.

a. Documents that prove its existence, such as articles of incorporation, articles of partnership, articles of association bylaws, federal or state income tax returns, tax exempt status, bank accounts, letterhead or stationery, or any other such documentation that the registrar deems acceptable.

b. The street address of the organization and its mailing address, if different

c. The telephone number of the organization.

d. The name and position of any designees authorized to execute confirmation of identity statements on behalf of the qualifying organization.

e. Signatures of the designees.

f. A concise statement of the goals or purposes of the organization and how they relate to the needs of displaced persons.

7. Registration Procedure

a. Upon receipt of a properly completed application the registrar shall have up to 20 days to approve or disapprove the application.

b. If incomplete, the application shall be returned with a list of deficiencies and notice that the organization may resubmit the application for further consideration.

c. An organization shall be notified in writing of the registrar's decision. If disapproved, the registrar shall state the reasons for disapproval.

d. The registrar, at his discretion, may reconsider a disapproved application upon the submission of additional information by the organization.

e. An organization may not submit more than one additional application within 180 days from the date of the disapproved application.

f. The Vital Records Registry shall produce and maintain a supply of qualifying organization application forms The forms shall be made available upon request free of charge to any organization seeking to become a qualifying organization.

g. The qualifying organization application shall be in substantially the following form or in conformance therewith:

APPLICATION FOR REGISTRATION AS A QUALIFYING ORGANIZATION

_____________________, 19_____

Org. Name

Org. Address

Mailing Address

If Different

Org. Phone #

Documentation of Existence

1.

(List Type & Attach Copies)

2.

3.

Name, Signature, and Position of Person(s) Authorized to Execute Confirmation of Identity Statements

NAME: POSITION:

SIGNATURE:

NAME: POSITION:

SIGNATURE:

NAME: POSITION:

SIGNATURE:

Concise Description of Org. Goals/Purposes:

Signature of Person Completing

Form for Qualifying Organization:

******************************************************

DO NOT WRITE BELOW THIS LINE

() Approved () Disapproved

Date:, 19

Signature of

Registrar:

h. The Vital Records Registry shall maintain a registry of qualifying organizations whose applications for registration have been accepted pursuant to this rule

i. The qualifying organization shall keep its application current by submitting to the registrar any changes of information.

8. Penalties

a. Any improper action, misuse, fraud, misrepresentation, or deceit on the part of a qualified organization may result in the revocation of its registration. A revoked application shall be so noted and placed in the disapproved file.

b. Any suspected unlawful activity shall be reported to the appropriate police agency or district attorney's office for investigation and possible prosecution.

9. Payment of Fees

a. The Vital Records Registry shall accept the checks of qualified organizations for the payment of fees provided that the qualifying organization has supplied documentation of a checking account with an in-state bank.

b. A returned check may subject the qualifying organization to revocation of its check payment privileges, revocation of its registration as a qualifying organization, or both.

La. Admin. Code tit. 48, § V-11707

Promulgated by the Department of Health and Human Resources, Office of Preventive and Public Health Services, LR 13:246 (April 1987), amended LR 15:473 (June 1989), LR 17:377 (April 1991).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:33 C.