§ 46:1420 — Refusal or revocation of license; appeal procedure

§1420. Refusal or revocation of license; appeal procedure
A. Upon the refusal of the department to grant a license or upon the revocation of
a license, the agency, institution, society, corporation, person or persons, or other group
having been refused a license or having had a license revoked shall have the right to appeal
such action by submitting a written request to the secretary of the department within thirty
days after receipt of the notification in the case of the refusal of the license or, in the case of
revocation, within fifteen calendar days after receipt of the notification of the revocation.
The appeal hearings shall be held no later than thirty days after the request therefor, except
as provided in the Administrative Procedure Act, and shall be conducted in accordance with
applicable regulations of the department and the provisions of R.S. 46:107. This provision
shall in no way preclude the right of the party to seek relief through mandamus suit against
the department, as provided by law.
B. Notwithstanding any law, rule, regulation, or provision to the contrary, including
but not limited to R.S. 49:978.1(A)(2), the department shall be entitled to seek judicial
review from any final decision or order rendered by the division of administrative law in any
appeal hearing arising under this Chapter. The venue of judicial review shall be the district
court of the parish in which the licensee is located.

Legislative History

Acts 1985, No. 286, §1; Acts 2009, No. 194, §2, eff. June 30, 2009; Acts 2013, No. 179, §1, eff. Jan. 1, 2014; Acts 2014, No. 868, §5, eff. Oct. 1, 2014.