Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part IX - Developmental Disabilities Services
Chapter 9 - Guidelines for Certification of Medication Attendant
Section IX-921 - Appeal Process
Universal Citation: LA Admin Code IX-921
Current through Register Vol. 50, No. 9, September 20, 2024
A. A CMA who has had privileges suspended or has been decertified has the right of appeal.
B. Notice of Violations. When there are substantiated charges against the CMA, either through oral or written evidence, the OCDD will notify the individual(s) implicated in the investigation of the following information by certified mail:
1. the nature of the violations, and the time
and date of each occurrence;
2. the
state's intent to report these violations to the CMA registry; and
3. The right to request an informal
discussion and/or the right to an administrative hearing.
C. Right To An Informal Discussion. When a CMA feels that he/she has been wrongly accused, the following procedure should be followed:
1. Within 15 calendar days of
the receipt of the office's notice of violation, the CMA may request an
informal discussion.
2. Such
request must be made to the office in writing. A meeting will be arranged
within 20 days of such a request. The informal discussion is designed to
provide an opportunity for:
a. the CMA to
informally review the situation;
b.
the agency to offer alternatives based on corrections or clarifications, if
any; and
c. the CMA to evaluate the
necessity for seeking an administrative hearing;
3. During this informal discussion, the CMA
will be afforded the opportunity to talk with office personnel involved in the
situation, to review pertinent documents on which the alleged violation is
based, to ask questions, to seek clarifications, and to provide additional
information.
D. Right To Request Administrative Hearing
1. Within 30
calendar days after the receipt of notice of the office's notice of violation
or the notice of results of informal discussion, the CMA may request an
administrative hearing. Such request must be in writing to the: Office of the
Secretary, Attention: Bureau of Appeals. The request must contain a statement
setting forth the specific charges with which he/she disagrees, and the reasons
for this disagreement.
2. Unless a
timely and proper request is received by the appeals section, the findings of
the OCDD shall be considered a final and binding administrative determination.
Notification will then be entered to the CMA registry.
E. Basic Provisions. The administrative hearing shall be conducted in accordance with the Louisiana Administrative Procedure Act, R.S. 49:965 et seq., and the provisions set forth in the procedures described therein.
F. Right to Counsel. Any party may appear and be heard at any appeals proceeding through an attorney at law or through a designated representative.
G. Appearance In Representative Capacity
1. A
person appearing in a representative capacity shall file a written notice of
appearance on behalf of a provider:
a.
identifying himself by name, address and telephone number; and
b. identifying the party represented;
and
2. Such person shall
have a written authorization to appear on behalf of the provider.
H. Preliminary Conference
1. Although not specifically required, the
appeals bureau may schedule a preliminary conference. The purposes of the
preliminary conference include but are not limited to the following:
a. clarification, formulations and
simplification of issues;
b.
resolution of matters in controversy;
c. exchange of documents and
information;
d. stipulations of
fact so as to avoid unnecessary introduction of evidence at the formal
review;
e. the identification of
witnesses; and
f. such other
matters as may aid disposition of the issues.
2. When the appeals bureau schedules a
preliminary conference, it shall notify all parties in writing. The notice
shall direct any parties and their attorneys to appear at a specified date,
time, and place.
I. Results of Preliminary Conference
1. Where the
preliminary conference resolves all or some matters in controversy, a summary
of the findings agreed to at the conference shall be provided by the
administrative law judge.
2. Where
the preliminary conference does not resolve all matters in controversy, an
administrative hearing shall be scheduled on those matters still in
controversy. The hearing shall be scheduled within 30 calendar days following
the completion of the preliminary conference, or at a time mutually convenient
to all parties.
J. Notice of Administrative Hearing. When an administrative hearing is scheduled, the appeals bureau shall notify the CMA and/or his representative and the office representative, in writing of the date, time and place of the hearing. Notice shall be mailed not less than 10 calendar days before the scheduled date of the hearing.
K. Conduct of Hearing
1. The hearing shall be conducted by
the administrative law judge from the appeals bureau.
2. Testimony shall be taken only on oath,
affirmation, or penalty of perjury.
3. Each party shall have the right to call
and examine parties and witnesses; to introduce exhibits; to question opposing
witnesses and parties on any matter relevant to the issue even though the
matter was not covered in the direct examination; to impeach any witness
regardless of which party first called him to testify; and to rebut the
evidence against him.
4. Any
relevant evidence shall be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduce of serious affairs
regardless of the existence of any common law or statutory rule which might
make improper the admission of such evidence over objection in civil or
criminal actions. Documentary evidence may be received in the form of copies or
excerpts.
5. The administrative law
judge may question any party or witness and may admit any relevant and material
evidence.
6. The administrative law
judge shall control the taking of evidence in a manner best suited to ascertain
the facts and safeguard the rights of the parties. Prior to taking evidence,
the administrative law judge shall explain the issues and the order in which
evidence will be received.
7. A
party has the burden of proving whatever facts it must establish to sustain its
position.
8. The burden of
producing evidence to substantiate the written charge(s) will be on the
provider of services. Once the burden of producing evidence to substantiate the
charges has been met, the CMA and/or his representative shall have the burden
of producing evidence answering the charges.
L. Witnesses and Subpoena
1. Each party shall arrange for the presence
of their witnesses at the hearing.
2. A subpoena to compel the attendance of a
witness may be issued by the administrative law judge upon written request by a
party and a showing of the need therefor.
3. A subpoena may be issued by the
administrative law judge on his own motion.
4. An application for subpoena duces tecum
for the production by a witness of books, papers, correspondence, memoranda, or
other records shall be made in writing to the administrative law judge, giving
the name and address of the person or entity upon whom the subpoena is to be
served. The application shall precisely describe the material that is desired
to be produced and shall state the materiality thereof to the issue involved in
the proceeding. It shall also include a statement that, to the best of the
applicant's knowledge, the witness has such items in his possession or under
his control.
M. Continuance of Further Hearings
1. The
administrative law judge may continue a hearing to another time or place, or
order a further hearing on his own motion of upon showing of good cause, at the
request of any party.
2. Where the
administrative law judge determines that additional evidence is necessary for
the proper determination of the case, he may at his discretion:
a. continue the hearing to a later date and
order the party to produce additional evidence; or
b. close the hearing and hold the record open
in order to permit the introduction of additional documentary evidence. Any
evidence so submitted shall be made available to both parties and each party
shall have the opportunity for rebuttal.
3. Written notice of the time and place of a
continued or further hearing shall be given except that when a continuance of
further hearing is ordered during a hearing, oral notice of the time and place
of the hearing may be given to each party present at the hearing.
N. Record of Hearing. A sound recording of the hearing shall be made. A transcript will be prepared and reproduced at the request of a party to the hearing provided he bears the cost of the copy of the transcript.
O. Decision
1. At the conclusion of the hearing,
the administrative law judge shall take the matter under submission.
2. The administrative law judge shall prepare
a written proposed decision which will contain findings of fact, a
determination of the issues presented, a citation of applicable policy and
regulations, and an order.
3. The
appeals bureau, on behalf of the secretary of the DHH, may adopt the proposed
decision or may reject it based upon the record, or it may be remanded to the
administrative law judge to take additional evidence. In the latter case, the
administrative law judge thereafter shall submit a new proposed
decision.
4. The decision shall be
final and binding upon adoption on behalf of the secretary, subject only to
judicial review by the courts. Copies of the decision shall be mailed to the
CMA at his last known address and to any representative thereof.
P. Failure to Appear
1. If a CMA fails to appear at a hearing, a
decision may be issued by the appeals bureau dismissing the hearing. A copy of
the decision shall be mailed to each party.
2. Any dismissal may be rescinded upon order
of the appeals bureau if the CMA makes written application within 10 calendar
days after the mailing of the dismissal, and provides evidence of good cause
for his failure to appear at the hearing.
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1021-1025.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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