Louisiana Administrative Code

A. These regulations govern applications for review of: 1. notices of violation, or the modification, vacation or termination of a notice of violation under §921.A(3) of the Act; and 2. orders of cessation which are not subject to expedited review under §6805, or the modification…

A. A permittee issued a notice or order by the secretary pursuant to the provisions of §§921.A(2) or 921.A(3) of the Act or any person having an interest which is or may be adversely affected by a notice or order subject to review under §6783 may file an application for review wi…

A. Any person filing an application for review under §6783 shall file that application within 30 days of the receipt of a notice or order or within 30 days of receipt of notice of modification, vacation or termination of such a notice or order. Any person not served with a copy o…

A. Failure to file an application for review of a notice of violation or order or cessation shall not preclude challenging the fact of violation during a civil penalty proceeding.

A. Any person filing an application for review shall incorporate in that application regarding each claim for relief: 1. a statement of facts entitling that person to administrative relief; 2. a request for specific relief; 3. a copy of any notice or order sought to be reviewed; …

A. Where an application for review is filed by a permittee, the office as well as any other person granted leave to intervene pursuant to §6711 shall file an answer within 20 days of service of a copy of such application. B. Where an application for review is filed by a person ot…

A. Pursuant to §925.A(2) of the Act, the applicant and other interested persons shall be given written notice of the time and place of the hearing at least five working days prior thereto.

A. An application for review may be amended once as a matter of right prior to the filing of an answer and thereafter by leave of the commissioner or his authorized representative upon proper motion. B. Upon receipt of an initial or amended application for review or subsequent to…

A. Upon proper motion or after the issuance of an order to show cause, the commissioner or his authorized representative may dismiss at any time an application for review which fails to state a claim upon which administrative relief may be granted.

A. An applicant for review shall file a copy of any subsequent notice or order which modifies, vacates or terminates the notice or order sought to be reviewed within 10 days of receipt. B. An applicant for review of a notice shall file a copy of an order of cessation for failure …

A. In review of §921 of the Act, notices of violation or orders of cessation or the modification, vacation or termination thereof, including expedited review, the office shall have the burden of going forward to establish a prima facie case as to the validity of the notice, order…

A. An application for review of an order of cessation may be filed under this Section, whenever temporary relief has not been granted under §§925.C or 926.C of the Act, by: 1. a permittee who has been issued an order of cessation under §§921.A(2) or 921.A(3) of the Act; or 2. any…

A. The application shall be filed with the commissioner. 1. Any person intending to file an application for expedited review under §925.B of the Act shall notify the office within 15 days of receipt of the order. Any person not served with a copy of the order shall file notice of…

6. If any party desires to appeal to the commissioner, such party shall: a. if the commissioner or his authorized representative makes an oral ruling, make an oral statement, within a time period as directed by the commissioner or his authorized representative, that decision is b…

A. In computing the 30-day time period for administrative decision, intermediate Saturdays, Sundays, state legal holidays, and other nonbusiness days shall be excluded in the computation.

A. Any person qualified to receive a 30-day decision may waive that right: 1. by filing an application pursuant to §§6783-6801; 2. by failing to comply with all the requirements of §6809.A; or 3. in accordance with

A. If the applicant does not waive the 30-day decision requirement of §925.B of the Act, the following special rules shall apply. 1. The applicant shall serve all known parties with a copy of the application simultaneously with the filing of the application with the commissioner.…

A. A proceeding on a show cause order issued by the office pursuant to §921.A(4) of the Act shall be initiated by the commissioner or his authorized representative filing a copy of such an order with the commissioner at the same time the order is issued to the permittee. B. A sho…

A. The permittee shall have 30 days from receipt of the order within which to file an answer with the commissioner.

A. The permittee's answer to a show cause order shall contain a statement setting forth: 1. the reasons in detail why a pattern of violations, as described in §6505.A.3 does not exist or has not existed, including all reasons for contesting: a. the fact of any of the violations a…

A. In proceedings to suspend or revoke a permit, the office shall have the burden of going forward to establish a prima facie case for suspension or revocation of the permit. The ultimate burden of persuasion that the permit should not be suspended or revoked shall rest with the …

A. Upon a determination by the commissioner or his authorized representative that a pattern of violations exists or has existed, pursuant to §6505.A.3, the commissioner or his authorized representative shall order the permit either suspended or revoked. In making such a determina…

A. In a proceeding under this Section where the permittee fails to appear at a hearing, the permittee shall be deemed to have waived his right to a hearing and the commissioner or his authorized representative may assume for purposes of the proceeding that: 1. each violation list…

A. Any party desiring to appeal the decision of the commissioner or his authorized representative shall have five days from receipt of the commissioner's or his authorized representative's decision within which to file a notice of appeal with the commissioner. The commissioner sh…

A. Any party may petition the commissioner to review an order or decision disposing of a civil penalty proceeding under

A. Any aggrieved party may file a notice of appeal from an order or decision disposing of a proceeding under this Chapter, except a civil penalty proceeding under

A. Unless the commissioner orders otherwise, an appellant's brief is due on or before 30 days from the date of receipt of notice by the appellant that the commissioner has agreed to exercise discretionary review authority pursuant to §6831 or a notice of appeal is filed. B. If an…

A. The commissioner may remand cases if further proceedings are required.

A. The commissioner may adopt, affirm, modify, set aside or reverse any finding of fact, conclusion of law or order.

A. These rules and regulations contain the minimum licensure standards for adult residential care providers (ARCPs), pursuant to R.S. 40:2166.1-2166.8, and shall become effective on August 15, 2015. B. An ARCP serves individuals in a congregate setting and is operational 24 hours…

Abuse— 1. the willful infliction of physical or mental injury; 2. causing deterioration by means including, but not limited to: a. sexual abuse b. exploitation; or c. extortion of funds or other things of value to such an extent that the resident’s health, moral or emotional well…

A. All ARCPs shall be licensed by LDH. The department is the only licensing authority for ARCPs in the state of Louisiana. It shall be unlawful to operate an ARCP without possessing a current, valid license issued by the department. The license shall: 1. be issued only to the per…

A. An initial application for licensing as an ARCP shall be obtained from the department. A completed initial license application packet for an ARCP shall be submitted to and approved by the department prior to an applicant providing ARCP services. An applicant shall submit a com…

A. Prior to the initial license being issued to the ARCP, an initial licensing survey shall be conducted on-site at the ARCP to assure compliance with ARCP licensing standards. No resident shall be provided services by the ARCP until the initial licensing survey has been performe…

A. The department shall have the authority to issue the following types of licenses. 1. Full License. In the event that the initial licensing survey finds that the ARCP is compliant with all licensing laws and regulations, and is compliant with all other required statutes, laws, …

A. Any change regarding the ARCP’s entity name, doing business as name, geographical address, mailing address, telephone number, or any combination thereof, shall be reported in writing to the department five business days prior to the change. B. Any change regarding the ARCP’s k…

A. License Renewal Application. The ARCP shall submit a completed license renewal application packet to the department at least 30 days prior to the expiration of the existing current license. The license renewal application packet shall include: 1. the license renewal applicatio…

A. The department may deny an application for a license, deny a license renewal or revoke a license in accordance with the provisions of the Administrative Procedure Act. B. Denial of an Initial License 1. The department shall deny an initial license in the event that the initial…

A. Notice of a license denial, license revocation or denial of license renewal shall be given to the provider in writing. B. The ARCP has a right to an administrative reconsideration of the license denial, license revocation, or denial of license renewal. There is no right to an …

A. The department shall conduct complaint investigations in accordance with R.S. 40:2009.13 et seq. B. Complaint investigations shall be unannounced. C. Upon request by the department, an acceptable plan of correction must be submitted to the department for any complaint investig…

A. Any statement of deficiencies issued by the department to the ARCP must be posted in a readily accessible place on the licensed premises. B. Any statement of deficiencies issued by the department to an ARCP must be available for disclosure to the public 30 days after the provi…

A. Except as provided in §6881, §6882, and §6883 of these licensing regulations, a license shall be immediately null and void if an ARCP ceases to operate. B. A cessation of business is deemed to be effective the date on which the ARCP stopped offering or providing services to th…

A. Each ARCP shall have an identifiable governing body with responsibility for, and authority over, the policies and activities of the ARCP and ultimate authority for: 1. the overall operation of the ARCP; 2. the adequacy and quality of care; 3. the financial solvency of the ARCP…

A. The ARCP shall have written policies and procedures approved by the governing body that, at a minimum, address the following: 1. confidentiality and security of files; 2. publicity and marketing; 3. personnel; 4. resident’s rights; 5. grievance procedures; 6. resident’s funds;…

A. For purposes of §6831 and §6832, a public health emergency (PHE) is a declaration made pursuant to the Louisiana Health Emergency Powers, R.S. 29:760 et seq. B. For purposes of §6831 and §6832, clergy shall be defined as follows: 1. as a minister, priest, preacher, rabbi, imam…

A. A licensed ARCP shall comply with any federal law, regulation, requirement, order, or guideline regarding visitation in ARCPs issued by any federal government agency during a declared PHE. The provisions of the licensing rules in §6832.B-E shall be preempted by any federal sta…

A. Information to prospective residents. The ARCP shall provide to prospective residents written information regarding conditions for residency, services, costs, fees and policies/procedures. This written information shall include, but is not limited to the following: 1. the appl…