Louisiana Administrative Code
Title 28 - EDUCATION
Part CLXI - Bulletin 137-Louisiana Early Learning Center Licensing Regulations
Chapter 18 - Child Care Criminal Background Checks (CCCBC)
Section CLXI-1821 - Appeal of Accuracy or Completeness of CCCBC Results
Universal Citation: LA Admin Code CLXI-1821
Current through Register Vol. 50, No. 9, September 20, 2024
A. A person who has received a notice of ineligibility (NOI) for child care purposes from the department may appeal the accuracy or completeness of the CCCBC results received and used by the department to determine the persons ineligibility.
B. A person appealing the accuracy or completeness of the CCCBC results shall remain ineligible during the appeals process.
C. Request for Appeal of Accuracy or Completion of CCCBC Results
1. A
request for such an appeal must be submitted in writing to the department, in a
form provided by the department, within 45 calendar days of the date of
issuance of the NOI.
2. To be
sufficient, a request for appeal:
a. must
contain written reasons that identify the specific information provided in the
NOI that is believed to be inaccurate or incomplete; and
b. should include official information and/or
documentation of the accurate and/or complete information, if
available.
3. Upon
receipt of a request for appeal, the department shall determine whether the
request is sufficient or insufficient, and shall notify the requestor in
writing accordingly.
D. Review of Appeal
1. If the request for an
appeal is sufficient, and no further information or documentation is required,
the department shall complete the review of the appeal information and/or
documentation and render a final written decision within 30 calendar days of
receipt of the request for appeal.
2. If the request for an appeal is
sufficient, but additional information and/or documentation is required to
complete the appeal, the department shall notify the requestor in writing, and
the requestor shall have 45 calendar days from the date of the request to
provide the information and/or documentation.
a. If the required information and/or
documentation is not received within the 45 days, the appeal may be denied for
insufficiency of information and/or documentation.
b. If the required information and/or
documentation is received within 45 days, the department shall complete the
review of the appeal information and/or documentation and render a final
written decision within 30 calendar days of receipt of the required information
and/or documentation or receipt of required information and/or documentation
requested by the department on behalf of the requestor.
E. Result of Appeal
1. If as a result of the appeal process, the
requestors CCCBC results are revised, and based on the revised CCCBC results,
the department determines the requestor is eligible for child care purposes,
the department shall notify the appeal requestor and the original requesting
early learning center or entity identified in
§1809 that the requestor is eligible
for child care purposes by sending a notice of eligibility for child care
purposes to both.
a. The notice of
eligibility shall be valid from the date of issuance. The expiration date shall
be five years from the date the original NOI was sent to the requestor and the
requesting early learning center or entity identified in
§1809
2. If the appeals process does not result in
a revision of the CCCBC results, or if it results in a revision to the CCCBC
results, but based on the revised results, the requestor is still ineligible
for child care purposes, the department shall notify the requestor in writing
that the appeal is denied and that the determination of ineligibility remains
in effect.
AUTHORITY NOTE: Promulgated in accordance with 45 CFR 98.43, R.S. 15:587.1, and R.S. 407.42.
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