Louisiana Revised Statutes 46:107 – Appeal and review; venue for judicial review
Terms Used In Louisiana Revised Statutes 46:107
- 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 Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Indigent: means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana. See Louisiana Revised Statutes 46:17
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Recipient: means the person who has received assistance under this Title. See Louisiana Revised Statutes 46:1
- Secretary: means the secretary of the Department of Children and Family Services or the Louisiana Department of Health. See Louisiana Revised Statutes 46:1
- Subpoena: A command to a witness to appear and give testimony.
- Venue: The geographical location in which a case is tried.
A.(1) The Department of Children and Family Services and the office of the secretary of the Louisiana Department of Health, through their respective appeal sections, shall provide for a system of hearings and are responsible for fulfillment of all hearing provisions as prescribed under Title I, IV-A, X, XIV, XVI, XIX, or XX of the Social Security Act and under the Food Stamp Act, Public Law 91-671. Under these provisions, an opportunity for a hearing shall be granted at the state level to any applicant or recipient who makes a timely request for a hearing because his claim for assistance, services, or nutrition assistance benefits is denied or is not acted upon with reasonable promptness and to any recipient who is aggrieved by an agency action resulting in suspension, reduction, discontinuance, or termination of benefits.
(2) Under these provisions, an opportunity for a hearing shall also be granted at the state level by the Department of Children and Family Services to any child placing agency or day care center, who is aggrieved by any agency action resulting in the denial, suspension, or revocation of a license.
(3) Under these provisions, an opportunity for a hearing shall also be granted at the state level by the Louisiana Department of Health to any provider of services under the provisions of Titles XIX and XXI of the Social Security Act who is aggrieved by an agency action resulting in the denial, suspension, or revocation of a license or the refusal to enter into, suspension of, or termination of a service agreement.
(4) All final decisions in cases of appeal are rendered by the office of the secretary at the state level and such decisions exhaust the claimant’s administrative remedy.
B. The agency or its subordinate presiding officer conducting a proceeding authorized hereunder shall conduct such a proceeding and shall have such authority to administer oaths and affirmations, issue subpoenas, and to otherwise regulate the conduct of the proceeding as provided by law, or in the absence of such a law, as specified and authorized by La. Rev. Stat. 49:975 et seq. The deposit or payment of witness fees ordinarily required of a party who desires to subpoena a witness shall not be required if the party desiring the issuance of the subpoena is an indigent person. A person shall be presumed to be indigent if he is certified for or is a recipient of any entitlement program, the eligibility for which is based on need, income, resources, or any combination of these criteria.
C. Within thirty days after mailing of notice of the final decision by the agency, or, if a rehearing is requested, within thirty days after the decision thereon, an applicant or recipient may obtain judicial review thereof by filing a petition for review of the decision in the Nineteenth Judicial District Court or the district court of the domicile of the applicant or recipient. When the petition is filed in an improper venue, the court of improper venue shall transfer the case to the district court of the domicile of the applicant or recipient or to the Nineteenth Judicial District Court.
D. Except as provided by Subsections B and C of this Section, all adjudicatory and review proceedings under this Section shall be governed by the Administrative Procedure Act.
Amended by Acts 1974, No. 582, §1; Acts 1977, No. 657, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1979, No. 690, §1; Acts 1986, No. 78, §1; Acts 1993, No. 539, §1,eff. June 10, 1993; Acts 1999, No. 560, §1, eff. June 30, 1999; Acts 2018, No. 206, §5.