Current through Register Vol. 50, No. 9, September 20, 2024
A. If
the applicant decides to request a supplemental review of the denied initial
application, a written request for supplemental application review must be
received by the department within 30 days of receipt of notice of the denial
letter.
B. Upon receipt of the
applicant's timely written request to supplement its FNR application, a written
confirmation notice will be sent to the applicant informing the applicant of
the deadline to submit any additional documentation and evidence in support of
the FNR application, pursuant to the provisions of this Rule.
1. If the applicant fails to timely submit
the supplemental materials, the supplemental application is automatically
denied. Written notice of the denial shall be forwarded to the applicant, with
information regarding the applicant's right to file an administrative appeal
with the DAL.
C. Upon
timely receipt of the supplemental materials from the applicant, the FNR
committee shall conduct a supplemental application review.
1. As part of the supplemental application
review, the applicant is provided with an opportunity to meet with the FNR
committee, or its designees. The meeting may be conducted in-person or, at the
discretion of LDH, through virtual means, including by telephone or virtual
technology that facilitates synchronous interaction, and includes an
opportunity for questions from the applicant and/or committee
member(s)/designee(s).
2. If the
FNR applicant fails to attend the supplemental review meeting, then the FNR
committee may proceed to complete the supplemental review by reviewing any
supplemental material submitted by the applicant and issue a supplemental
review decision. The FNR committee may, at its discretion, elect to re-schedule
the supplemental review meeting upon good cause shown by the FNR
applicant.
D. Following
the meeting, the applicant will have an additional 30 days to submit any other
evidence, data, and documentation to further supplement the FNR application. At
the conclusion of this step, the FNR committee will meet to consider all the
supplemental documentation, data, and evidence submitted by the applicant, as
well as the issues discussed at the meeting with the applicant, if applicable.
1. All members of the FNR committee shall
meet in-person or through virtual means, including telephone or virtual
technology that facilitates synchronous interaction, to complete the
supplemental application review process.
2. The FNR committee shall render a decision
on the supplemental application within 60 days of the deadline for submission
of any additional documentation and evidence by the applicant after the
supplemental review meeting; such decisions are to be by simple majority
decision.
3. The FNR committee will
issue a final decision to either approve the FNR application or deny the FNR
application, and shall forward written notice to the applicant of such
decision.
a. The written notice of the
supplemental application review decision from the FNR committee will be sent to
the applicant by certified mail or by electronic mail with a request for
acknowledgement and a read delivery receipt.
b. The written notice shall include
information on the applicant's right to file an administrative appeal of the
denial with the DAL within 30 calendar days of receipt of the supplemental
application denial notice.
c.
Failure to file timely for an administrative appeal shall exhaust the
applicant's remedies with the department, and the decision to deny FNR approval
is final.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2116 et
seq.
