Louisiana Administrative Code
Title 37 - INSURANCE Part
Part IX - Agricultural Commodities
Chapter 1 - Self-Insurance Fund
Section IX-113 - Appeal Procedure
Universal Citation: LA Admin Code IX-113
Current through Register Vol. 50, No. 9, September 20, 2024
A. Any decision of the commission to deny or grant a claim for payment from the fund may be appealed to the commission by the licensee or claimant by seeking an adjudicatory hearing to have said decision reconsidered by the commission in accordance with Chapter 13 of Title 49 of the Louisiana Revised Statutes, as well as all subsequent appeals therefrom, provided said appellant files with the commission a written notice of appeal within 30 days of the mailing of the decision of the commission to the affected party.
2. Class I-E. Holders of these permits may
enter any phase of the liquefied petroleum gas business. These permits shall
only be granted during an emergency and/or disaster. These permits are valid
for 90 days from the date of issuance. Permits may be renewed prior to the
expiration date of the permit during the course of the emergency and/or
disaster that it was initially applied for.
a.
Holders of these permits shall furnish evidence of general liability insurance
in the minimum sum of $1,000,000 coverage per:
i. products;
ii. manufacturers and contractors;
and
iii. automobile
liability.
b. Where fuel
is used direct from cargo tank, an approved valve with proper excess flow
device shall be used. Connector to vehicle's engine shall be approved for such
use and protected from mechanical injury.
c. No truck shall be parked on a street or
highway at night in any city, town, or village, except for the purpose of
serving a customer.
d. Compliance
with all other applicable statutes, rules and regulations is a mandatory
requirement.
e. The name of the
dealer shall appear on all tank trucks, storage tank sites, and/or advertising
being used by the dealer. At consumer premises, where the tank or the container
is owned by the dealer, the dealers name shall be affixed. This requirement is
considered met if documentation is provided, upon demand, that the dealers name
was affixed at the time of installation. Consumer premises requirement is not
retroactive.
3. Class
II. Holders of these permits may install and service liquefied petroleum gas
containers, piping, and appliances but shall not sell nor deliver gas with this
permit. This class is also applicable to the installation and service of
liquefied petroleum gas containers, piping, and appliances on mobile homes,
modular homes, manufactured homes, motor homes, travel trailers homes or any
other recreational vehicles.
a. Holders of
these permits shall furnish evidence of general liability insurance in the
minimum sum of $1,000,000 coverage per:
i.
products;
ii. manufacturers and
contractors; and
iii. motor vehicle
liability.
b. Louisiana
manufacturers and dealers of mobile homes, manufactured homes, modular homes,
motor homes, travel trailers, or any recreational vehicles shall comply with
all state and federal safety standards and perform all safety tests on mobile
homes, modular homes, manufacture homes, motor homes, travel trailers, or any
recreational vehicles using liquefied petroleum gas.
c. Upon delivery of a mobile home,
manufactured homes, modular homes, motor home, travel trailer, or any other
recreational vehicle, new or used, the required installation report and
inspection and testing of any liquefied petroleum gas system and appliances
shall be performed by the dealer or any entity performing functions as a dealer
using liquefied petroleum gas in the system. An installation report properly
completed and signed by the customer or his/her authorized representative shall
be sent to the office of the director verifying that the tests were performed
and that the test was eye witnessed by the customer or his/her authorized
representative.
d. The mobile home,
manufactured homes, modular homes or recreational vehicle dealer or entity
performing functions as a dealer shall have a permit with this commission and
is responsible to this commission to make the required installation report,
perform the required inspection and safety tests, or make arrangements for it
to be made by a qualified permit holder.
e. Compliance with all other applicable
statutes, rules and regulations is a mandatory requirement.
4. Class III. Brokers/Special
Vendors. Holders of these permits may purchase liquefied petroleum gas only
from dealers who hold a valid liquefied petroleum gas permit and resell the
aforementioned purchased liquefied petroleum gas product to end users utilizing
floor maintenance machines and/or industrial trucks (forklifts) on their
premises. Holders of these permits shall not deliver gas or engage in repairing
liquefied petroleum gas containers or systems.
a. Holders of these permits shall furnish
evidence of general liability insurance in the minimum sum of $1,000,000 per
products liability coverage.
b.
Shall submit a completed "location approval form" for each physical location
being served, with a handling fee of $150 for each location being
served.
c. Compliance with all
other statutes, rules and regulations is a mandatory requirement.
d. Shall provide 24 hour emergency contact
information at each liquefied petroleum gas storage location. The person deemed
the emergency contact shall have basic knowledge regarding liquefied petroleum
gas emergencies and shall maintain contact information per the servicing
liquefied petroleum gas supplier.
e. The Class III permit holder shall post the
servicing liquefied petroleum gas suppliers name (name on Louisiana liquefied
petroleum gas permit) at each liquefied petroleum gas storage site and each end
users location.
5. Class
IV. Resellers (Wholesalers). Holders of these permits may deliver and transport
liquefied petroleum gas over the highways of the state; may sell liquefied
petroleum gases only to manufacturers of liquefied petroleum gases, or
manufacturers of products which liquefied petroleum gases form a component
part, or to dealers who hold a permit with this commission; utilize aboveground
steel storage and/or approved salt dome, shale and other underground caverns
for the storage of liquefied petroleum gases; do general maintenance work on
their equipment, using qualified personnel, but shall not sell or install
systems and appliances.
a. Shall furnish
evidence of general liability insurance in the minimum sum of $1,000,000
coverage per:
i. products;
ii. manufacturers and contractors;
and
iii. automobile
liability.
b. The name
of the dealer shall appear on all tank trucks which require registration with
the commission and storage tank sites.
c. Compliance with all other applicable
statutes, rules and regulations is a mandatory requirement.
6. Class V. Carburetion Permit.
Holders of these permits may install equipment, including containers, and
service liquefied petroleum gas equipment used on internal combustion engines.
They shall not deliver liquefied petroleum gas.
a. Holders of these permits shall furnish
evidence of general liability insurance in the minimum sum of $1,000,000 per
manufacturers and contractors liability coverage.
b. Compliance with all other applicable
statutes, rules and regulations is a mandatory requirement.
7. Class VI. Holders of these
permits may engage in the filling of approved cylinders and motor fuel tanks
with liquefied petroleum gas on their premises, but shall not deliver gas.
a. Holders of these permits shall furnish
evidence of general liability insurance in the minimum sum of $1,000,000 per
products liability coverage.
b. The
name of the dealer shall appear on storage tank sites.
c. Compliance with all other applicable
statutes, rules and regulations is a mandatory requirement.
8. Class VI-X. Holders of these
permits may engage in the exchange of approved liquefied petroleum gas
cylinders on their premises, but shall not fill cylinders. They shall not
deliver gas.
a. Holders of these permits
shall furnish evidence of general liability insurance in the minimum sum of
$1,000,000 per products liability coverage.
b. Any current Class VI permit holder may
convert to a Class VI-X permit by filing formal application with the commission
and submitting a $25 filing fee. Presence of the applicant at the commission
meeting will be waived. Upon receipt of the application and filing fee, permit
shall be issued.
c. Compliance with
all other applicable statutes, rules and regulations is a mandatory
requirement.
9. Class
VII. Holders of these permits may transport liquefied petroleum gas by motor
vehicle over the highways of the state of Louisiana but shall not sell product
in the state.
a. Holders of these permits
shall furnish evidence of general liability insurance in the minimum sum of
$1,000,000 per automobile liability coverage.
b. Where fuel is used direct from cargo tank,
an approved valve with proper excess flow device shall be used. Connector to
vehicle's engine shall be approved for such use and protected from mechanical
injury.
c. No truck shall be parked
on a street or highway at night in any city, town, or village, except for the
purpose of serving a customer.
d.
The name of the dealer shall appear on all tank trucks which require
registration with the commission.
e. Compliance with all other applicable
statutes, rules and regulations is a mandatory requirement.
10. Reserved.
11. Class VIII. Holders of these permits may
store, transport and sell liquefied petroleum gas used solely in the cutting
and metal working industry, sell and install piping and containers for those
gases and engage in the filling of approved ASME tanks, ICC or DOT containers
used in the metal working industry.
a.
Holders of these permits shall furnish evidence of general liability insurance
in the minimum sum of $1,000,000 per products, manufacturers and contractors,
and automobile liability coverage.
b. The name of the dealer shall appear on all
tank trucks which require registration with the commission and storage tank
sites.
c. Compliance with all other
applicable statutes, rules and regulations is a mandatory
requirement.
12. Class
IX. Holders of these permits may inspect, recertify and recondition DOT and ICC
cylinders. They shall not sell or deliver liquefied petroleum gas or anhydrous
ammonia.
a. Holders of these permits shall
obtain from DOT a retesters identification number, and provide proof of such to
the commission.
b. Holders of these
permits shall furnish evidence of general liability insurance in the minimum
sum of $1,000,000 per products liability coverage.
c. Holders of these permits shall provide
drawing and description of equipment to be installed to retest cylinders.
Drawing and description shall be submitted to the office of the director for
his approval before installation.
d. Holders of these permits shall maintain an
accurate log of all cylinders that have been retested by date, size,
manufacturer name, and serial number. The commission reserves the right to
inspect such logs at any time through its representative.
e. Compliance with all other applicable
statutes, rules and regulations is a mandatory requirement.
13. Registration 1 (R-1). Holders
of these registrations shall be a person, firm, or corporation who is engaged
in the business of plumbing and holds a master plumber's license issued by the
state of Louisiana. They may install liquefied petroleum gas or anhydrous
ammonia piping and make alterations or modifications to existing piping
systems. These registrations shall be issued by the office of the director upon
meeting the applicable requirements of
§107 and the following:
a. Holders of these permits shall furnish
evidence of general liability insurance in the minimum sum of $1,000,000 per
manufacturers and contractors liability coverage.
b. Compliance with the provisions of NFPA
Pamphlet Number 54 (National Fuel Gas Code) and NFPA Number 58
(Standard for the Storing and Handling of Liquefied Petroleum
Gas) and ANSI K 61.1-1989 is a mandatory requirement.
c. Compliance with all other applicable
statutes, rules and regulations of the commission is a mandatory
requirement.
14.
Registration 2 (R-2). Holders of these registrations shall be a person, firm,
or corporation engaged in the mechanical contracting business. They may install
liquefied petroleum gas and/or anhydrous ammonia appliances and equipment, and
make alterations or modifications to existing liquefied petroleum gas and/or
anhydrous ammonia appliances and equipment. These registrations shall be issued
by the office of the director upon meeting the applicable requirements of
§107 and the following:
a. Holders of these permits shall furnish
evidence of general liability insurance in the minimum sum of $1,000,000 per
products and manufacturers and contractors liability coverage.
b. Compliance with the provisions of NFPA
Pamphlet Number 54 (National Fuel Gas Code) and NFPA Number 58
(Standard for the Storing and Handling of Liquefied Petroleum
Gas) and ANSI K 61.1-1989 is a mandatory requirement.
c. Compliance with all other applicable
statutes, rules and regulations of the commission is a mandatory
requirement.
B. Said notice of appeal shall contain an expressed statement of each and every basis upon which said appeal is sought and the hearing to consider same shall be limited accordingly.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1846.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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