La. Admin. Code tit. 48 § I-8903

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-8903 - Procedures

A. Initial Application. Before beginning operation, it is mandatory to obtain a license from the Department of Social Services. To do so, the following steps should be followed:

1. Secure an application form issued by: Department of Social Services Bureau of Licensing, P. O. Box 3078, Baton Rouge, LA 70821-3078. Phone: (504) 922-0015

2. A license will be issued on an initial application when the licensure inspection verifying compliance is completed and verification is received by the Bureau of Licensing.

3. When a Provider changes location, it is mandatory to notify the Bureau of Licensing and program offices as appropriate. Additionally the provider must submit the processing fee to the bureau.

4. When a provider changes ownership, a new application and fee are required.

5. A license is valid for the period for which it is issued but may be revoked if the provider falls below minimum standards.

6. The department is authorized to determine the period during which the license shall be effective. A license is not transferable to another person or location.

7. If a director or member of his immediate family has had a previous license revoked or refused, upon re-application, applicant shall provide satisfactory evidence that the reason for such revocation no longer exists.

B. Fees

1. An application processing fee of $25 is required to be submitted with all initial applications. This fee is to be paid by all providers. All fees are nonrefundable.

2. Other licensure fees:

a. $25 replacement fee for any provider replacing a license when changes are requested by the provider, i.e. change in provider location, name change, age range change.

b. $5 processing fee for issuing a duplicate provider license with no changes.

C. Relicensing. The relicensing survey is similar to the original licensing inspection. The provider will have an opportunity to review any licensing deficiencies with the licensing specialist before it is submitted to the State Office.

1. A license is issued for a period of no more than one year. Provider is totally responsible for applying for license renewal on an annual basis. Failure to reapply will result in nonrenewal of license.

2. If the licensure inspection reveals that the provider is not substantially meeting minimum requirements, a new license may not be issued.

3. The Department of Social Services shall be notified before changes are made which might have an effect upon the license (for example, changes in age range, changes in location).

D. Inspections

1. It shall be the duty of the Department of Social Services through its duly authorized agents, to inspect at regular intervals not to exceed one year, or as deemed necessary by the department, and without previous notice, all crisis care/intervention service providers.

2. Whenever the department is advised or has reason to believe that any person or agency or organization is operating a crisis intervention service without a license, the department shall make an investigation to ascertain the facts.

E. Waivers

1. The office of the Secretary of the Department of Social Services shall have the authority to waive any of these standards for just cause provided the health and safety of the clients and/or staff are not in jeopardy. If it is determined that the provider or agency is meeting or exceeding the intent of a standard or regulation, the standard or regulation may be deemed to be met.

F. Denial, Revocation, or Nonrenewal of License

1. An application for a license may be denied for any of the following reasons:

a. failure to meet any of the minimum standards for licensure.

b. conviction of a felony, as shown by a certified copy of the record of the court of conviction of the applicant;

i. or if the applicant is a firm or corporation, of any of its members or officers;

ii. or of any staff providing the crisis intervention or supervision of the clients.

2. A license may be revoked, or renewal thereof, denied, for any of the following reasons:

a. cruelty or indifference to the welfare of the children and adults;

b. violation of any provision of the minimum standards, rules, regulations, or orders of the Department of Social Services promulgated thereunder;

c. disapproval from any agency whose approval is required for licensure;

d. non payment of application processing fee or failure to submit a licensure application;

e. any validated instance of client abuse, corporal punishment, physical punishment, cruel, severe, or unusual punishment may result in revocation, denial or nonrenewal of the license if the owner is responsible or if the staff member who is responsible remains in the employment of the provider.

G. Appeal Procedure. If the license is refused or revoked because the provider does not meet minimum requirements for licensure, the procedure is as follows:

1. the Department of Social Services, by certified letter, shall advise the provider of the reasons for denial or revocation, and its right of appeal;

2. the provider/owner may appeal this decision by submitting a written request with the reasons to the Secretary of the Department of Social Services. Write to Department of Social Services, Appeals Section, P.O. Box 2994, Baton Rouge, LA 70821-9118. This written request must be post-marked within 30 days of the director/owner's receipt of the above notification in 8903.G.1;

3. the Appeals Bureau of the Department of Social Services shall set a hearing;

4. an appeal hearing officer of the Department of Social Services shall conduct the hearing. The Department of Social Services shall advise the appellant by certified letter of the decision, either affirming or reversing the original decision. If the license is denied or revoked, the provider shall terminate operation immediately;

5. if the provider continues to operate without a license, the Department of Social Services may file suit in the district court in the parish in which the provider is located for injunctive relief.

La. Admin. Code tit. 48, § I-8903

Promulgated by Department of Social Services, Office of the Secretary, LR 21:1261 (November 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:51.