§ 46:107 — Appeal and review; venue for judicial review

Louisiana § 46:107

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§107. Appeal and review; venue for judicial review
NOTE: Paragraph (A)(1) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
A.(1) The Department of Children and Family Services and the office of the
secretary of the Louisiana Department of Health, through their respective appeal sections,
shall provide for a system of hearings and are responsible for fulfillment of all hearing
provisions as prescribed under Title I, IV-A, X, XIV, XVI, XIX, or XX of the Social Security
Act and under the Food Stamp Act, Public Law 91-671. Under these provisions, an
opportunity for a hearing shall be granted at the state level to any applicant or recipient who
makes a timely request for a hearing because his claim for assistance, services, or nutrition
assistance benefits is denied or is not acted upon with reasonable promptness and to any
recipient who is aggrieved by an agency action resulting in suspension, reduction,
discontinuance, or termination of benefits.
NOTE: Paragraph (A)(1) as amended by Acts 2025, No. 478, eff. Oct. 1, 2027.
A.(1) The Department of Children and Family Services, Louisiana Works, and the
office of the secretary of the Louisiana Department of Health, through their respective
appeal sections, shall provide for a system of hearings and are responsible for fulfillment
of all hearing provisions as prescribed under Title I, IV-A, X, XIV, XVI, XIX, or XX of the
Social Security Act and under the Food Stamp Act, P.L. 91-671. Under these provisions, an
opportunity for a hearing shall be granted at the state level to any applicant, recipient, or
customer who makes a timely request for a hearing because his claim for assistance,
services, or nutrition assistance benefits is denied or is not acted upon with reasonable
promptness and to any recipient who is aggrieved by an agency action resulting in
suspension, reduction, discontinuance, or termination of benefits.
(2) Under these provisions, an opportunity for a hearing shall also be granted at the
state level by the Department of Children and Family Services to any child placing agency
or day care center, who is aggrieved by any agency action resulting in the denial, suspension,
or revocation of a license.
(3) Under these provisions, an opportunity for a hearing shall also be granted at the
state level by the Louisiana Department of Health to any provider of services under the
provisions of Titles XIX and XXI of the Social Security Act who is aggrieved by an agency
action resulting in the denial, suspension, or revocation of a license or the refusal to enter
into, suspension of, or termination of a service agreement.
(4) All final decisions in cases of appeal are rendered by the office of the secretary
at the state level and such decisions exhaust the claimant's administrative remedy.
B. The agency or its subordinate presiding officer conducting a proceeding
authorized hereunder shall conduct such a proceeding and shall have such authority to
administer oaths and affirmations, issue subpoenas, and to otherwise regulate the conduct of
the proceeding as provided by law, or in the absence of such a law, as specified and
authorized by R.S. 49:975 et seq. The deposit or payment of witness fees ordinarily required
of a party who desires to subpoena a witness shall not be required if the party desiring the
issuance of the subpoena is an indigent person. A person shall be presumed to be indigent
if he is certified for or is a recipient of any entitlement program, the eligibility for which is
based on need, income, resources, or any combination of these criteria.
C. Within thirty days after mailing of notice of the final decision by the agency, or,
if a rehearing is requested, within thirty days after the decision thereon, an applicant or
recipient may obtain judicial review thereof by filing a petition for review of the decision in
the Nineteenth Judicial District Court or the district court of the domicile of the applicant or
recipient. When the petition is filed in an improper venue, the court of improper venue shall
transfer the case to the district court of the domicile of the applicant or recipient or to the
Nineteenth Judicial District Court.
D. Except as provided by Subsections B and C of this Section, all adjudicatory and
review proceedings under this Section shall be governed by the Administrative Procedure
Act.
NOTE: Subsection E as enacted by Acts 2025, No. 478, eff. Oct. 1, 2027.
E. For purposes of this Section, "customer" means an applicant or recipient of
public assistance benefits and services that fall within the purview of Louisiana Works.

Legislative History

Amended by Acts 1974, No. 582, §1; Acts 1977, No. 657, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1979, No. 690, §1; Acts 1986, No. 78, §1; Acts 1993, No. 539, §1,eff. June 10, 1993; Acts 1999, No. 560, §1, eff. June 30, 1999; Acts 2018, No. 206, §5; Acts 2025, No. 478, §13, eff. Oct. 1, 2027.