2016 Louisiana Laws
Revised Statutes
TITLE 40 - Public Health and Safety
RS 40:1058.6 - Notice of reasons for nonrenewal or revocation of license; review; hearing
§1058.6. Notice of reasons for nonrenewal or revocation of license; review; hearing
NOTE: §1058.6 repealed by Acts 2013, No. 308, §2, upon promulgation and publication by DHH of final rules for behavioral health services provider license.
A. The department may deny an application for a license, refuse to renew a license, or revoke an outstanding license when it finds, after investigation, that the applicant or licensee is not in conformance with or is in violation of the provisions of R.S. 40:1058.5; provided that in all such cases the department shall furnish the applicant or licensee thirty calendar days written notice specifying reasons for the action.
B.(1) Any applicant or licensee who is adversely affected by the action of the department in denying, refusing to renew, or revoking a license may, within thirty calendar days of the date of the notice required in Subsection A of this Section, appeal suspensively from the action of the department by filing a written request for a hearing in the office of the secretary.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, the department shall immediately suspend or revoke a license in any case in which the health and safety of a client or the community may reasonably be at risk. A licensee who is adversely affected by the action of the department in immediately revoking a license may, within thirty days of the date of the closing, appeal devolutively from the action of the department by filing a written request for a hearing in the office of the secretary of the department.
C. The applicant may seek an administrative reconsideration by filing a written request addressed to the secretary requesting an administrative hearing within fifteen days after the date the notice required in Subsection A of this Section is received by him.
D. The administrative hearing and the administrative reconsideration shall be governed by the Administrative Procedure Act.
Added by Acts 1975, No. 364, §1. Amended by Acts 1997, No. 1000, §1; Acts 2003, No. 242, §1; Acts 2013, No. 308, §2.
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