La. Admin. Code tit. 67 § III-315

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-315 - Client Rights

A. The claimant or his authorized agent has the right to:

1. department assistance in filing and preparing his request or an explanation of how to file an appeal;

2. specific case record documents or applicable policy necessary to determine whether a hearing should be requested and/or the documents or policy necessary to prepare for a hearing. This is provided upon request and without charge;

3. information about, and referral to, available community legal services;

4. a verbal explanation of the hearing procedures in the appropriate language if the individual making the request does not speak English;

5. review the case record. Upon request and at a reasonable time before the hearing, the claimant and/or his authorized agent must be allowed to review the claimant's case record or any documents to be used by the department at the hearing in the presence of a department representative:

a. confidential records, including confidential medical records, must be withheld unless the records were used as the basis for the determination which is being appealed;

b. the client must provide written permission before anyone other than the client is allowed to view the case record;

6. present his case himself or with the aid of others, including legal representation;

7. request that a subpoena be issued. The DCFS Appeals Unit will evaluate such requests and authorize the department to serve the subpoena if appropriate;

8. request a postponement prior to the hearing. The DCFS Appeals Unit will decide if a postponement is to be granted based upon good cause. Regardless of good cause, requests for rescheduling an initial hearing for a SNAP appeal will be granted;

9. submit evidence and bring witnesses to the hearing. The claimant has the right to advance arguments without undue interference and to question or refute any testimony or evidence, including the right to confront and cross-examine witnesses;

10. request a rescheduled hearing after failing to appear at the hearing. The DCFS Appeals Unit will evaluate the requests to determine if good cause exists.

La. Admin. Code tit. 67, § III-315

Promulgated by the Department of Social Services, Office of Family Support, LR 25:2261 (November 1999), amended by the Department of Children and Family Services, Division of Programs, Economic Stability, LR 38:966 (April 2012).

AUTHORITY NOTE: Promulgated in accordance with 42 U.S.C. 601 et seq., R.S. 36:474.