A. Denial of a License. A license may be denied for any of the following reasons:

1. failure to comply with any published rule or regulation of the Department of Social Services relating to Adult Residential Care facilities;
2. failure to comply with any provision of the licensing law;
3. failure to obtain approval from any required local authority (zoning, local building codes, city fire, etc.);
4. failure to obtain approval from the State Fire Marshal;
5. failure to obtain approval from the Office of Public Health;
6. a felony conviction of any board member, owner, or any staff member, if the act that caused the conviction, could cause harm to a resident if the act were to be
repeated;
7. revocation or non-renewal of a previous license if the cause of the revocation or non-renewal was the failure to comply with any provisions of the licensing law or
the regulations promulgated to apply that law.

B. Revocation or Non-renewal of a License. A license may be revoked or not renewed for any of the following reasons:

1. failure to comply with any published rule or regulation of the Department of Social Services relating to Adult Residential Facilities;
2. failure to comply with any provision of the licensing law;
3. failure to obtain approval from the State Fire Marshal;
4. failure to obtain approval from the Office of Public Health;
5. cruelty or indifference to the welfare of any resident of the facility, when a facility failed to take appropriate action;
6. any validated instance of abuse to a resident, when a facility failed to take appropriate action;
7. non-payment of licensure fee;
8. a criminal conviction of any board member, owner, or any staff member, if the act
that caused the conviction could cause harm to a resident if the act were to be repeated;
9. a criminal conviction of any board member, owner, or staff member against a resident if that board member, owner, or staff member remains associated with the facility.

C. Denial, Revocation or Non-renewal: Written Notice
1. If a license is denied, revoked, or not renewed, the Bureau must notify the applicant or facility of this action immediately by certified letter.
2. The written notice must contain the following:
a. the reason(s) for the action; and,
b. notification of the right to appeal the decision and the procedures for doing so.

D. Appeal Procedures
1. The applicant or Provider may appeal any adverse action taken against them by submitting a written request for appeal detailing their reason(s) that the action
should not be taken.
2. This written letter of appeal must be addressed to the Appeals Bureau, P. O. Box 2994, Baton Rouge, LA 70821 and be postmarked within thirty (30) days of the
receipt of the adverse action letter.
3. An Appeal Hearing Officer or Administrative Law Judge shall set a hearing date and conduct the hearing as outlined in the Administrative Procedure Act and the
provisions of R.S. 46:107.

FEATURED COMMUNITY PARTNERS

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