Louisiana Revised Statutes 28:454.16 – Appeal procedure
Terms Used In Louisiana Revised Statutes 28:454.16
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:451.2
- Determination: means determination of eligibility for entry into the system. See Louisiana Revised Statutes 28:451.2
- Person: means a person with a developmental disability. See Louisiana Revised Statutes 28:451.2
- Provider: means a person, partnership, corporation, state agency, or other entity that provides developmental disabilities services and receives either state or federal funds or both. See Louisiana Revised Statutes 28:451.2
- Services: means developmental disability services. See Louisiana Revised Statutes 28:451.2
- System: means the developmental disabilities services system. See Louisiana Revised Statutes 28:451.2
A. A person may file an administrative appeal with the division of administrative law regarding the following determinations:
(1) A finding by the office that the person does not qualify for system entry.
(2) Termination of a support or service.
(3) Discharge from the system.
(4) Other cases as stated in office policy or as promulgated in regulation.
B. There shall be no retaliation by an agency or the office or department for the filing of an appeal.
C. Notice of any appealable determination set forth in Subsection A of this Section by the office or by a public provider agency shall be given to the person receiving supports and services or applying for supports and services, his attorney of record or his responsible party, or all three parties if they are residing at different addresses.
D. Written notice shall be given providing the reasons for the decision and shall be sent by certified mail return receipt requested. If receipt is not confirmed, the agency or office must make a reasonable attempt to locate and contact the person and or his responsible party by telephone and then by regular mail.
Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2014, No. 812, §1, eff. June 23, 2014.