Louisiana Revised Statutes 40:2120.38 – Denial or revocation of license; written notice; appeal procedure
Terms Used In Louisiana Revised Statutes 40:2120.38
- Adult: means an individual eighteen years of age or older. See Louisiana Revised Statutes 40:2120.33
- 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.
- Brain injury: means an acquired or traumatic injury to the brain. See Louisiana Revised Statutes 40:2120.33
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:2120.33
A. The department may deny, suspend, or revoke a license in any case in which there has been a failure of the applicant or licensee to comply with the requirements of this Part or the rules, regulations, and minimum standards for adult brain injury facilities, provided in all such cases the department shall furnish the applicant or licensee thirty days written notice specifying the reasons for the action.
B. Any applicant or licensee who feels aggrieved by the action of the department in denying or revoking a license may appeal suspensively from the action within thirty days after receipt of the notification of the denial or revocation. This appeal or request for a hearing shall specify in detail reasons why the appeal is lodged and why the appellant feels aggrieved by the action of the department.
C. The appeal hearing shall be conducted in accordance with the Administrative Procedure Act.
Acts 2005, No. 245, §1, eff. June 29, 2005.