La. Admin. Code tit. 28 § CLXI-1109

Current through Register Vol. 50, No. 11, November 20, 2024

Section CLXI-1109 - Administrative Appeal of Assessment of Fine

A. A written request for an appeal to the Division of Administrative Law (DAL) of a civil fine for a violation of the licensing standards listed in §1105.A of this Chapter must be received by the department within 15 calendar days of the centers receipt of notice of the departments decision upon reconsideration.

B. The written request for an appeal to the DAL shall include:

1. a copy of the original assessment of fine;

2. a copy of the decision from the department upon reconsideration; and

3. the specific reasons the center believes the decision of the department was reached in error.

C. The department shall notify the DAL of an appeal request within 10 calendar days of receipt of the request.

D. The DAL shall conduct a hearing in the matter in accordance with R.S. 17:407.46 and the Administrative Procedure Act found at R.S. 49:950 et seq.

E. The appeal shall be suspensive.

F. During the pendency of an appeal, the center may continue to receive funding for services provided to those eligible children as determined by the department.

La. Admin. Code tit. 28, § CLXI-1109

Promulgated by the Board of Elementary and Secondary Education, LR 41626 (April 2015). effective 7/1/2015, Amended LR 441862 (10/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 and 17:407.46.