Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 80 - Children's Respite Care Centers
Subchapter A - General Provisions
Section I-8015 - Notice and Appeal
Current through Register Vol. 50, No. 9, September 20, 2024
A. Notice shall be given in accordance with the current state statutes.
B. Administrative Reconsideration. The CRCC agency may request an administrative reconsideration of the violation(s) which support the department's actions. This is an informal process and reconsideration shall be conducted by a designated official(s) of the department who did not participate in the initial decision to impose the actions taken. Reconsideration shall be made solely on the basis of documents and/or oral presentations placed before the official and shall include the survey report and statement of violations and all documentation the CRCC submits to the department at the time of the agency's request for reconsideration. Correction of a violation shall not be a basis for reconsideration and a hearing shall not be held. Oral presentations can be made by the department's spokesperson(s) and the CRCC's spokesperson(s). This process is not in lieu of the administrative appeals process and does not extend the time limits for filing an administrative appeal. The designated official shall have the authority only to affirm the decision, to revoke the decision, to affirm part and revoke part, or to request additional information from either the department or the CRCC.
C. Administrative Appeal Process. Upon refusal of DHH to grant a license as provided in the current state statutes, or upon revocation or suspension of a license, or the imposition of a fine, the agency, institution, corporation, person, or other group affected by such action shall have the right to appeal such action by submitting a written request to the secretary of the department within 30 days after receipt of the notification of the refusal, revocation, suspension of a license, or imposition of a fine.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2175.14(B).