ADMINISTRATIVE HEARINGS HANDLED BY DAL

AGENCY

TYPES OF CASES

LA BOARD OF ETHICS

 

 





 

 

Ethics Adjudicatory Board conducts public hearings using three-Judge panels

  • Code of Governmental Ethics, La. R.S. 42, Ch. 15 (La. R.S. 42:1101, et seq.)
  • Act 23 of the 1st Extraordinary Session of 2008 created the Ethics Adjudicatory Board within the Division of Administrative Law.  (La. R.S. 42:1141)
  • Campaign Finance Disclosure Act – La. R.S. 18:1481, et seq.
  • LAC Title 52

 

OFFICE OF THE GOVERNOR

 

 

Office of Financial Institutions:

  • License denials, suspensions or revocations and statute and rules violations, and civil money penalties for violations concerning a variety of entities:
    • Commercial banks
    • Saving banks
    • Bank holding companies
    • Trust departments
    • Savings and loans
    • Credit unions
    • Licensed lenders (finance companies)
    • Mortgage brokers and/or lenders
    • Consumer loan brokers
    • Notification filers (consumer sales)
    • Sales of checks (money orders)
    • Securities dealers, agents and companies
    • Business and Industrial Dev. Corp. (BIDCO)
    • Credit repair services
    • Self-help repossession agents
    • Pawnbrokers
    • Certified LA Capital Companies (CAPCO)
    • Bond for deed escrow agents
    • Advance fee loans
    • Residential mortgage lenders
    • La. R.S. 6:1081, et seq.
  • LA Check Cashing Law (La. R.S. 6:1006(B)(3)): Applicant may appeal commissioner’s decision pursuant to the APA. 

 COASTAL PROTECTION RESTORATION AUTHORITY

►Oyster Lease Acquisition and Compensation Program (OLACP)

  • (La. R.S. 56:432.1)

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
(DCFS)

(La. R.S. 46:1414.1 and 46:107 give DCFS authority; La. R.S. 49:991, et seq., gives DAL general authority)

 

Administrative Disqualification Hearings  to determine disqualification from participation due to program violations

  • SNAP (formerly known as Food Stamps)
  • DSNAP/ Disaster SNAP benefits
  • FITAP
  • Child Care Assistance Benefits (CCAP)
  • Kinship Care

Fair Hearings (Non-Recovery): Denial/Decrease of Benefits for:

  • SNAP/Disaster SNAP
  • FITAP
  • Child Care Assistance Benefits (CCAP)
  • Kinship Care
  • Adoption Subsidies
  • Foster Care Special Board Rate
  • LACAP (La. Combined Application Project)
  • Able-Bodied Adults without Dependents (ABAWD)

Fair Recovery Hearings: to recover over-issued and overpaid benefits for all programs listed above except for Adoption Subsidies and Foster Care Special Board Rates.

License Revocation Appeals: appeal of various license revocations or program participation for non-compliance or program violations

  • Office of Family Support and Child Welfare
    • Adult and Child Residential Placement Licensing  
    • Juvenile Detention Center Licensing
    • State Central Registry Risk Evaluation Panel
    • Family/Child Care Development Fund (FCDCH) Registration
    • Childcare Assistance Program Participation
  • Office of Support Enforcement Services
    • Louisiana Licensing Suspensions (Child Support Arrearages)

 

DEPARTMENT OF ECONOMIC DEVELOPMENT

 

► Small Emerging Business certifications La. R.S. 51:942(G)(2)           

  • Decisions to deny certification, renewal or revocation of certification subject to review of DAL ALJ upon appeal by aggrieved party.

 

DEPARTMENT OF EDUCATION

 

 

►  Food and Nutrition Compliance Hearings (FNS)
►  IDEA – Individuals with Disabilities in Education Act

  • DAL issues final decisions that may be appealed to state or federal court 
  • 20 USC §1400, et seq.
  • LAC Title 28

 Early Childhood Development Center Licensing Revocations and Fines
►  Childcare Assistance Fund - Provider Participation
►  Family Child Day Care Registration (Provider Participation) cases

DAL also issues final decisions in these federal program cases.

 

DEPARTMENT OF ENVIRONMENTAL QUALITY
(La. R.S. 30:2011, et seq.)

 

► Permits

  • Any permit action subject to request for further review filed with the Secretary who has discretion to grant an adjudicatory hearing before an ALJ; if not granted hearing, applicant can file for de novo review in 19th Judicial District Court. (La. R.S. 30:2024)
  • Administrative review by secretary when granted. (La. R.S. 30:2050.17)
  • Administrative hearings under Chapter 16 Hazardous Material Information Development, Preparedness, and Response Act governed by Administrative Procedure Act. (La. R.S. 30:2378)
  • Air toxics
  • Water toxics
  • Water discharge
  • Solid waste disposal
  • Hazardous waste treatment, storage and disposal facilities

Violations of the Environmental Quality Act

  • Asbestos
  • Air emissions
  • Lead based material abatement
  • Water discharges
  • NORM (naturally occurring radioactive material)
  • Inactive and abandoned sites
  • Solid waste disposal
  • Waste tires
  • Promiscuous dumps
  • Radioactive licensing
  • Orders
  • Underground storage tanks
  • Oil spills

► Laboratory certification (La. R.S. 30:2011(D)(22)(a))

 

Louisiana Department of Health (LDH)

 LDH:    All of the Louisiana Medicaid Program cases are handled by DAL, including Medicaid recipient appeals, Medicaid provider appeals, involuntary discharges from nursing homes, and license denials, revocations, and suspensions.   Persons may file their Medicaid appeals directly with DAL or at LDH.  In all Medicaid cases, LDH retains final decision making authority. 

 

 

1- LDH

Medicaid – Individuals

 

 

 

 

 

 

 

ELIGIBILITY
- Seven categories of eligibility
- Multiple programs within each category

42 U.S.C. 1396a (Social Security Act §1902(a))
42 CFR Ch. IV, Subch. C
LAC Title 50
Medicaid Eligibility Manual (MEM)

Home and Community Based Services (HCBS Waiver Programs) – provide full Medicaid benefits in addition to waiver benefits

LAC 50:XXI
MEM H-900, et seq.

Long Term Care – provides full Medicaid benefits in addition to nursing facility or intermediate care for the developmentally disabled (ICF-DD) vendor payment

42 CFR Ch. 4, Subch. G, Subpt. B
MEM H-800, et seq.

Demonstration waivers – provide limited Medicaid benefits

LAC 50:XXII
MEM H-2200, et seq. and H-2600, et seq.

AVAILABLE SERVICES
(not an exhaustive list)

Early and Periodic Screening, Diagnosis, and Treatment – mandatory services for those under age 21

LAC Title 50
MEM and service-specific manuals

LAC 50:XV.5

►Dental Program (prior authorization)

LAC 50:XXV

►Pharmacy (prior authorization and Lock-In)

LAC 50:XXIX
MEM N-200, et seq.

►Durable Medical Equipment (DME) (wheel chairs, eyeglasses, hearing aids, etc)
►EPSDT DME

DME
LAC 50:XV.85, 87

►Hospital Services

LAC 50:V

►Long Term – Personal Care Services (LT-PCS)

  • Level of Care
  • Initial Targeting Criteria
  • Number of Hours

LAC 50:XV.9 (LT-PCS Criteria)
LAC 50:II:3.G (Level of care)

2- LDH

Medicaid Providers
(generally LAC Titles 48 and 50)

  • License – any type provider for which LDH issues a license such as certified nurse assistants (CNAs), home health agencies, nursing homes and abortion clinics, but not doctors, nurses, or hospitals.  Denial of a license or termination of a license.
  • Certification – any provider who opts to accept Medicaid.  Denial of a certification or termination of a certification.
  • May be a licensing and certification case
  • Fines
  • Non-payment
  • Recoupments
  • Fraud
  • Exclusions

3- LDH – Women, Infants, and Children Program

(7 CFR 247, et seq.; LAC 48:V.15)

  • Claim against a participant
  • Denial of participation
  • Disqualification from participating
  • Action against provider

4- LDH – Involuntary    Discharge

  • Individuals in nursing facilities and other long term care facilities, such as group homes or immediate care facilities for the developmentally disabled, may be involuntarily discharged. 
  • Six bases for discharge. (7 CFR 247, et seq.; LAC 48:V.15)
  • We hear discharges for both Medicaid and private pay or other non-Medicaid involuntary discharges.

5-LDH – Office for Citizens with Developmental Disabilities

  • Developmental disability determinations: La. R.S.28:451.2(12)(a) and (b) 
  • Flexible Family Fund: 37 Louisiana Register 2584 (September 2011)
  • New Opportunities Waiver: LAC 50:XXI.11,  MEM H-900, et seq.(consider entry eligibility, financial eligibility, terminations, reductions in services, service budgets, LT-PCS hours, etc.)

6- LDH – Office of Public Health (Sanitation Code)

  • Water systems, sewer systems, restaurant violations, etc.
  • (Generally, LAC Title 51)

 

DEPARTMENT
OF INSURANCE

 

► (La. R.S. 22:2191; La. R.S. 22:2208) (Procedures of matters reviewed at DAL in Ch. 12 of Title 22, La. R.S. 22:2191, et seq.)

  • Limited line credit insurance
  • Mergers/Acquisitions
  • Licensing (insurance agents and insurance companies)
  • Bail bond
  • Fraud
  • Market compliance
  • Unfair trade practices
  • Tax filing
  • Regulatory compliance
  • Professional employer organizations

 

DEPARTMENT OF
NATURAL
RESOURCES

 

Office of Coastal Restoration and Management

  • Fishermen’s Gear Fund Claims (La. R.S. 56:700.4)

Office of Conservation (Title 30 of the La. Revised Statutes)

  • Geothermal exploration (Chapter 8, La. R.S. 30:800, et seq.)
  • Surface mining: (Chapter 9, La R.S. 30:901, et seq.)
  • Hearings only on violations of laws, and orders, and determinations of civil penalties in the following: (Chapters 1 and 7, La R.S. 30:1, et seq., and La R.S. 30:701, et seq.)
    • Oil and gas unitization orders
    • Pipeline safety, oil and gas site clearance and underground obstruction
    • Injection and mining division
    • Cyclic injection well projects (enhanced recovery of oil and gas)
    • Subsurface waste injection wells
    • Surface and storage facilities incidental to oil and gas exploration and production (La. R.S. 30:4.1)
    • Pipeline operations
    • Transportation of hazardous liquids

► Louisiana Orphaned Well Program
Oyster Lease Damage Evaluation Board (La. R.S. 56:700.13(B); La. R.S. 56:700.14; LAC 43:I.865)

 

DEPARTMENT OF
PUBLIC SAFETY

  • Office of Motor Vehicles

Suspension of driving privileges

Examples:

DWI:  Louisiana Tests for Suspected Drunken Drivers Law

La. R.S. 32:661, et seq.

Nonpayment of Child Support/Income Taxes

La. R.S. 32:432

Disciplinary Actions/ Non-attendance Involving Student Drivers

La. R.S. 32:431 and 32:431.1

Compulsory Motor Vehicle Liability Security Law/Security Following Accident Law/Proof of Financial Responsibility Law

La. R.S. 32:861, et seq.

Other:

  • No evidence of insurance
  • Commercial drivers’ license examiners and testers contract revocations
  • Louisiana drivers who fail to pay in-state or out-of-state moving violation license suspensions
  • Moving violation habitual offender 3-year license revocation

 

  • Office of State Police: Transportation and Environmental Safety Section

Assessment of Fines and Penalties (or Warnings), or Revocation of License to Operate

Hazardous Materials Transportation and Motor Carrier Safety Law (Right-to-Know cases) -T.E.S.S. M.C.S.R. (Motor Carrier Safety Regulations) Violations

La. R.S. 32:1501, et seq.; 49 CFR 392, et seq.

MVI (Motor Vehicle Inspection) Station Regulation

La. R.S. 32:1301, et  seq.
(LAC 55:III.701 to LAC 55:III.819)

Concealed Handgun Permit Appeals

La. R.S. 40:1379.3, et  seq.

Towing and Storage Act

La. R.S. 32:1711, et seq.

Louisiana Weights and Standards Law

La. R.S. 32:379, et  seq.; La. R.S. 47:718, et  seq.

Louisiana Underground Utilities and Facilities Damage Prevention Law

La. R.S. 40:1749.11, et  seq.

  • Office of State Police: Sex Offender Registration

Hearings: (La. R.S. 15:542.1.3(B)(4))
Appeal of agency Tier determination of applicable time period of registration and frequency of in-person periodic renewals in administrative hearing

OFFICE OF STATE
FIRE MARSHAL

 

 

► Burglar alarm, fire alarm, fire extinguishing systems installers:

  • License revocation and suspensions (La. R.S. 40:1664.13)

► Fire sprinkler inoperative or inefficient remediation hearing (La. R.S. 40:1646.3) conducted in accordance with the Administrative Procedure Act

DEPARTMENT OF
REVENUE AND
TAXATION

 

Charitable Gaming (Bingo): (LAC 42:I.1701, et seq.)

  • Permit revocations, suspensions or civil penalties
  • http://www.ocg.louisiana.gov//sections/lawsregulations/default.asp
  • Fine assessment for violation of charitable gaming or gaming law (La. R.S. 4:721(D)(1)).

 BOARDS,
COMMISSIONS,
UNIVERSITY & OTHER GOVT.
AGENCIES

► May conduct them as requested