La. Admin. Code tit. 52 § I-101

Current through Register Vol. 50, No. 9, September 20, 2024
Section I-101 - Definitions

Adversarial Public Hearing-any public hearing conducted by the board, or any other related matter, concerning charges issued, or a public hearing concerning a person's failure to pay late fees.

Affected Person-any person or governmental agency, or the authorized representative of such person or agency with a demonstrable and objective interest in the board's interpretation, construction, and application of any law within the board's jurisdiction.

Campaign Finance Disclosure Act-refers to R.S. 18:1481 et seq.

Code- refers to the Code of Governmental Ethics, R.S. 42:1101 et seq.

Collection Agency-a person selected by the board, which has collection sites throughout the state of Louisiana.

Consent Opinion-a written decision and order of the board issued with the agreement of the respondent in order to publicly settle any matter which appears to be a violation of any law within the board's jurisdiction in lieu of filing charges, holding a public hearing, or filing a civil action.

Designated Representative-a board-appointed member of the staff of the Ethics Administration Program, whose primary responsibility includes overseeing the implementation of the program to enforce the random drug testing of elected officials.

Elections Integrity-refers to R.S. 18:41 et seq.

Emergency- an unforeseen combination of circumstances that calls for immediate action.

Ethics Administration Program-the unit of the Department of Civil Service and those employees who provide staff support for the board.

Executive Branch Lobbyist Disclosure Act-refers to R.S. 49:71 et seq.

Fact-Finding-the process, initiated by the board, whereby the staff, under the supervision of the ethics administrator, gathers information so that proper disposition can be made by the board on requests for advisory opinions, media reports, and verbal reports. With respect to media reports and verbal reports, fact-finding means only the solicitation of a written response by the ethics administrator or his designee from the respondent of the fact-finding.

He or His-when used as a pronoun includes either gender or a legal entity, whether singular or plural, except as otherwise clearly indicated by the context.

Legislative Branch Lobbyist Disclosure Act-refers to R.S. 24:50 et seq.

Lobbyist Disclosure Act-refers to R.S. 24:50 et seq., and R.S. 49:71 et seq.

Person Aggrieved-any person who was the subject of a complaint or an investigation or any person to whom notice of charges was issued.

Person Authorized by an Elected Official-a person or persons selected by the elected official who may receive notice of selection for testing. If the elected official chooses to select such a person to receive notice, the name and address of such person shall be provided by the elected official to the designated representative.

Publication or Publish-the process whereby the staff places the board's decision in written form for the board's approval and signature and thereafter sends a copy to any interested person. Nothing herein shall alter the confidentiality of those matters confidential by law.

Random Number-the number assigned to the elected official, which ensures the confidentiality of the testing process.

Random Number Selector-a person selected by the board, responsible for the selection of those elected officials subject to the random drug testing.

Random Process-a generally accepted method to ensure that the elected officials are chosen by their random numbers in an unsystematic manner.

Respondent-any person who is the subject of charges filed by the board.

Staff-the ethics administrator, the executive secretary and the employees of the Ethics Administration Program.

Supervisory Committee-the Board of Ethics or any panel thereof with jurisdiction over matters involving campaign finance disclosure.

Trial Attorney-the attorney or attorneys designated by the chairman pursuant to §501 of these rules.

La. Admin. Code tit. 52, § I-101

Promulgated by the Department of Civil Service, Board of Ethics, LR 23:1288 (October 1997), amended LR 24:1893 (October 1998), LR 30:2668, 2687 (December 2004), LR 31:1227 (June 2005).
AUTHORITY NOTE: Promulgated in accordance with R.S. 42:1134(A).