La. Admin. Code tit. 28 § CLXI-1307

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

Section CLXI-1307 - Appeal of Denial, Revocation, or Refusal to Renew

A. A center has 30 calendar days to request an appeal of the denial of its application for licensure and 15 calendar days to request an appeal of the revocation of or the refusal to renew its license.

B. The department must receive a written request for an appeal within 30 calendar days of the center's receipt of notice of the denial of its application and within 15 calendar days of the center's receipt of notice of revocation of or refusal to renew its license.

C. A center may continue to operate during the appeals unless the department determines that the health, safety or welfare of children in care imperatively requires immediate closure of the center and incorporates that finding in its notice of revocation.

1. If a center with a revoked license is continuing to operate during its appeals process, and the department determines that the health, safety, or welfare of the children in care is at risk due to continuing violations of licensing standards and minimum requirements or the occurrence of a critical incident, the department may require immediate closure of the center by providing written notice of required immediate closure that includes notice of the continuing violations of licensing standards and minimum requirements or the occurrence of a critical incident. There shall be no appeal of the required immediate closure, but the appeal of the revocation of the license shall continue. If the decision to revoke the centers license is not upheld in the pending appeal, the center may reopen upon receipt of notice of such a decision.

D. A request for an appeal submitted to the department shall include:

1. a copy of the written reasons for denial, revocation or refusal to renew; and

2. written identification of specific areas of the decision believed to be erroneous and/or specific reasons the decision is believed to have been reached in error.

E. The department shall notify the Division of Administrative Law (DAL) within 10 calendar days of receipt of a timely request for an appeal of the denial of an application or the revocation of or refusal to renew a license.

F. The DAL shall hold a hearing no later than 30 calendar days after receipt of such notice, with an administrative ruling provided to the center no later than 15 calendar days from the date of the hearing for revocation or refusal to renew a license, or within 30 calendar days from the date of a hearing for the denial of a license.

G. If the DAL affirms the decision of the department, or if the appeal is dismissed, the center shall terminate operations immediately.

H. The department shall have the right to seek judicial review of any final decision or order rendered by DAL in any appeal hearing arising under this Chapter.

La. Admin. Code tit. 28, § CLXI-1307

Promulgated by the Board of Elementary and Secondary Education, LR 41627 (April 2015). effective 7/1/2015, Amended by LR 412106 (10/1/2015), Amended LR 42554 (4/1/2016), Amended LR 44249 (2/1/2018), effective 3/1/2018, Amended LR 441863 (10/1/2018), Amended LR 491711 (10/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:6 and 17:407.45.