1. A. Charitable organization applicants shall meet and maintain the following:

   1. 1. provide an annual application as set forth in §1107 of this Rule;

   2. 2. comply with R.S. 42:456(A)(3):

      1. a. be a health and human services charity as defined in §1109 of this Rule;
      2. b. not be organized for cultural, educational, religious, or political purposes, as defined in §1109 of this Rule;

   3. 3. comply with the following admissions criteria as outlined on the official application form (SED-7):

      1. a. certify compliance with the USA Patriot Act of 2001;
      2. b. certify the organization operates without discrimination in regard to all persons and comply with all requirements of law and regulations respecting non-discrimination and equal employment opportunities with respect to its officers, staff, employees and volunteers;
      3. c. provide documentation that the IRS recognizes the charitable organization as a public charity under §501(c)(3) of the Internal Revenue Code;
      4. d. provide an affidavit stating that there is no outstanding debt owed to a state agency;
      5. e. certify that your organization is in compliance with the Louisiana Legislative Auditors (LLA) Office and is not on the LLA non-compliance list;
      6. f. certify that all amounts collected through the SCCC beginning with the fall campaign in 2015 will be used in the community and will not be used for fundraising and administrative costs (FRA);
      7. g. ensure that an equivalent amount collected as contributions will be spent to provide services and benefits primarily to the citizens of Louisiana unless an exception is granted per §1109.D of this Rule, and certify the dollar value of health and human services provided in the state of Louisiana during the previous calendar year(s);
      8. h. certify a substantial local presence within the state of Louisiana;
      9. i. demonstrate that fundraising and administrative expenses represent no more than 25 percent of total support and revenue according to the submitted copy of its most recent IRS 990 form or a pro forma IRS 990 for organizations not required to file an IRS 990;
      10. j. be registered and in good standing with the Louisiana secretary of state and submit proof of that registration or possess a congressional charter and provide documentation of such;
      11. k. be governed by a board of directors which meets regularly and whose members serve without compensation;
      12. l. provide the organization's most recent annual budget, which must consist of a 12-month period;
      13. m. provide the organization's most recent audited financial statements conducted by a CPA within the last 12 months at the time of the application;
      14. n. indicate the regions served in Louisiana;
   4. 4. agree to pay a reasonable annual participation fee assessed by the PCFO and approved by OSUP;
   5. 5. solicitation of charitable donations through payroll deduction is only allowed during the annual campaign period, or other time periods approved by OSUP and the PCFO. All solicitation materials must be prepared and approved by OSUP and the PCFO;
   6. 6. provide all documentation and meet all deadlines and eligibility requirements established by the PCFO in coordination with OSUP.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 42:456(A)(3).

Historical Note

HISTORICAL NOTE: Promulgated by the Office of the Governor, Division of Administration, Office of State Uniform Payroll, LR 39:3274 (December 2013), amended LR 40:2574 (December 2014).