Current through Register Vol. 50, No. 9, September 20, 2024
A.
Notice of an initial license denial, license revocation, or denial of license
renewal shall be given to the FSBC in writing.
B. The FSBC has a right to an administrative
reconsideration of the initial license denial, license revocation, or denial of
license renewal. There is no right to an informal reconsideration of a
voluntary non-renewal or surrender of a license by the FSBC.
1. The request for the administrative
reconsideration shall be submitted within 15 days of the receipt of the notice
of the initial license denial, license revocation, or denial of license
renewal. The request for administrative reconsideration shall be in writing and
shall be forwarded to HSS.
2. The
request for administrative reconsideration shall include any documentation that
demonstrates that the determination was made in error.
3. If a timely request for an administrative
reconsideration is received by HSS, an administrative reconsideration shall be
scheduled, and the FSBC will receive written notification of the date of the
administrative reconsideration.
4.
The FSBC shall have the right to appear in person at the administrative
reconsideration and may be represented by counsel.
5. Correction of a violation or deficiency
which is the basis for the initial license denial, revocation, or denial of
license renewal shall not be a basis for reconsideration.
6. The administrative reconsideration process
is not in lieu of the administrative appeals process.
7. The FSBC will be notified in writing of
the results of the administrative reconsideration.
C. The FSBC has a right to an administrative
appeal of the initial license denial, license revocation, or denial of license
renewal. There is no right to an administrative appeal of a voluntary
non-renewal or surrender of a license by the FSBC.
1. The FSBC shall request the administrative
appeal within 30 days of the receipt of the results of the administrative
reconsideration.
a. The FSBC may forego its
rights to an administrative reconsideration, and if so, shall request the
administrative appeal within 30 days of the receipt of the notice of the
initial license denial, license revocation, or denial of license
renewal.
2. The request
for administrative appeal shall be in writing and shall be submitted to the
DAL. The request shall include any documentation that demonstrates that the
determination was made in error and shall include the basis and specific
reasons for the appeal.
3. Subject
to the provisions in C.3.a. of this Section, if a timely request for an
administrative appeal is received by the DAL, the administrative appeal of the
license revocation or denial of license renewal shall be suspensive, and the
FSBC shall be allowed to continue to operate and provide services until such
time as the department issues a final administrative decision.
a. If the secretary of the department
determines that the violations of the FSBC pose an imminent or immediate threat
to the health, welfare, or safety of a client, the imposition of the license
revocation or denial of license renewal may be immediate and may be enforced
during the pendency of the administrative appeal. If the secretary of the
department makes such a determination, the FSBC will be notified in
writing.
4. Correction
of a violation or a deficiency which is the basis for the denial of initial
licensure, revocation, or denial of license renewal shall not be a basis for an
administrative appeal.
D. If an existing licensed FSBC has been
issued a notice of license revocation, and the FSBC's license is due for annual
renewal, the department shall deny the license renewal application. The denial
of the license renewal application does not affect, in any manner, the license
revocation.
E. If a timely
administrative appeal has been filed by the FSBC on an initial license denial,
denial of license renewal, or license revocation, the DAL shall conduct the
hearing in accordance with the Administrative Procedure Act.
1. If the final decision is to reverse the
initial license denial, denial of license renewal or license revocation, the
FSBC's license will be reinstated or granted upon the payment of any licensing
fees, outstanding sanctions, or other fees due to the department.
2. If the final decision is to affirm the
denial of license renewal or license revocation, the FSBC shall stop rendering
services to clients.
a. Within 10 days of the
final decision, the FSBC shall notify HSS, in writing, of the secure and
confidential location where the client records will be stored.
F. There is no right to
an informal reconsideration or an administrative appeal of the issuance of a
provisional initial license to a new FSBC or the issuance of a provisional
license to an existing FSBC. An FSBC that has been issued a provisional license
is licensed and operational for the term of the provisional license. The
issuance of a provisional license is not considered to be a denial of initial
licensure, a denial of license renewal, or a license revocation.
G. An FSBC with a provisional initial license
or an existing FSBC with a provisional license that expires due to
noncompliance or deficiencies cited at the follow-up survey shall have the
right to an informal reconsideration and the right to an administrative appeal
of the validity of the deficiencies cited at the follow-up survey.
1. The correction of a violation,
noncompliance, or deficiency after the follow-up survey shall not be the basis
for the informal reconsideration or for the administrative appeal.
2. The informal reconsideration and the
administrative appeal are limited to whether the deficiencies were properly
cited at the follow-up survey.
3.
The FSBC shall request the informal reconsideration in writing, which shall be
received by the HSS within five calendar days of receipt of the notice of the
results of the follow-up survey from the department.
4. The FSBC shall request the administrative
appeal within 15 days of receipt of the notice of the results of the follow-up
survey from the department. The request for administrative appeal shall be in
writing and shall be submitted to the DAL.
5. An FSBC with a provisional initial license
or an existing FSBC with a provisional license that expires under the
provisions of this Chapter shall cease providing services to clients unless the
DAL issues a stay of the expiration.
a. The
stay may be granted by the DAL upon application by the FSBC at the time the
administrative appeal is filed and only after a contradictory hearing is held,
and the FSBC shows that there is no potential harm to the clients being served
by the FSBC.
6. If a
timely administrative appeal has been filed by the FSBC with a provisional
initial license that has expired, or by an existing FSBC whose provisional
license has expired under the provisions of this Chapter, the DAL shall conduct
the hearing in accordance with the Administrative Procedure Act.
a. If the final decision is to remove all
deficiencies, the FSBC's license will be reinstated upon the payment of any
outstanding sanctions and licensing or other fees due to the
department.
b. If the final
decision is to uphold the deficiencies thereby affirming the expiration of the
provisional license, the FSBC shall cease rendering services to clients.
i. Within 10 days of the final decision, the
FSBC shall notify HSS in writing of the secure and confidential location where
the client records will be stored.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2180.21-2180.28.
