La. Admin. Code tit. 67 § III-303

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

Section III-303 - General Rules and Principles

A. The DCFS Appeals Unit is responsible for providing a system of hearings which must meet the due process standards set forth in federal regulations, state laws, and Goldberg vs. Kelly 397 US 245 (1970).

B. Each applicant is informed by the application and by the appropriate notification forms (as decisions are made affecting his case) of his right to a hearing, of the method by which a hearing may be requested, and who may present his case. Detailed information concerning the Fair Hearing procedure is contained in the Fair Hearing Pamphlet, Form OFS 5F, (which is provided by the Division of Administrative Law (DAL) or DCFS office) when a fair hearing is requested.

C. The claimant may represent himself at the hearing or be represented by any authorized agent.

D. Minimum procedural safeguards necessary to accomplish the purpose of a fair hearing are:

1. a notice explaining the reason for the action and citing the policy reference;

2. an opportunity to defend by confronting adverse witnesses;

3. an opportunity to present arguments and evidence orally;

4. an opportunity to appear with counsel;

5. an impartial administrative law judge;

6. a decision based solely on the legal rules and the evidence offered as proof at the hearing or obtained subsequent to the hearing; and

7. a statement explaining the reasons for the decision of the administrative law judge and indicating the evidence on which the decision is based.

La. Admin. Code tit. 67, § III-303

Promulgated by the Department of Social Services, Office of Family Support, LR 25:2260 (November 1999), amended by the Department of Children and Family Services, Division of Programs, Economic Stability, LR 38:965 (April 2012).

AUTHORITY NOTE: Promulgated in accordance with 42 U.S.C. 601 et seq., R.S. 36:474.