reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 1 - Substance Abuse Testing › Section I-109 - Conditions Requiring Drug Tests

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  DSS shall require alcohol/drug testing under the following conditions.
1. Reasonable Suspicion. Any employee shall
				  be required to submit to an alcohol/drug test if there is a reasonable
				  suspicion (as defined in this policy) that the employee is using illegal drugs
				  or is under the influence of alcohol while on duty. At least two
				  supervisors/managers must concur there is reasonable suspicion before an
				  employee is required to submit to an alcohol/drug test. Supervisors shall
				  decide who will drive the employee to the testing site.
2. Post-Accident. Each employee involved in
				  an accident that occurs during the course and scope of employment shall be
				  required to submit to an alcohol/drug test if the accident:
a. involves circumstances leading to a
				  reasonable suspicion of the employee's alcohol/drug use;
b. results in serious injury or a fatality;
				  or
c. results in or causes the
				  release of hazardous waste as defined in
				  R.S.
				  30:2173(2) or hazardous
				  materials as defined in
				  R.S.
				  32:1502(5).
3. Rehabilitation Monitoring. Any
				  employee who is participating in a substance abuse after-treatment program or
				  who has a rehabilitation agreement with the agency shall be required to submit
				  to periodic drug testing.
4.
				  Pre-Employment. Each prospective employee shall be required to submit to drug
				  screening at the time and place designated by the appointing authority or
				  designee following a conditional job offer contingent upon a negative
				  drug-testing result. A prospective employee who tests positive for the presence
				  of drugs in the initial screening or who fails to cooperate in the testing
				  shall be eliminated from consideration for employment. Employees transferring
				  to DSS from other state agencies without a break in service are exempt from
				  pre-employment testing.
5.
				  Safety-Sensitive and Security-Sensitive Positions-Appointments and Promotions.
				  Each employee who is offered a safety-sensitive or security sensitive position
				  (as defined in this policy) shall be required to pass a drug test before being
				  placed in such position, whether through appointment or promotion. (See
				  §119 listing of these positions.)
6. Safety-Sensitive and Security-Sensitive
				  Positions-Random Testing. Every employee in a safety-sensitive or
				  security-sensitive position shall be required to submit to alcohol/drug testing
				  as required by the appointing authority, who shall periodically call for a
				  sample of such employees, selected at random by a computer-generated random
				  selection process, and require them to report for testing. All such testing
				  shall, if practicable, occur during the selected employee's work
				  schedule.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 1 - Substance Abuse Testing › Section I-111 - Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Alcohol/drug
				  testing pursuant to this policy shall be conducted for the presence of any
				  illegal drugs including, but not limited to, cannabinoids (marijuana
				  metabolites), cocaine metabolites, opiate metabolites, phencyclidine, and
				  amphetamines in accordance with the provisions of
				  R.S.
				  49:1001 et seq. DSS reserves the right to
				  test employees for the presence of any alcohol, illegal drugs or controlled
				  substance when there is a reasonable suspicion to do so.
B. The human resources director of each
				  office shall be involved in any determination that one of the above-named
				  conditions requiring alcohol/drug-testing exists. Upon such determination, the
				  appointing authority or designee for each office shall notify the supervisor of
				  the employee to be tested, who shall immediately notify the employee where and
				  when to report for the testing.
C.
				  Testing services shall be performed by a provider chosen by the Office of State
				  Purchasing, Division of Administration, pursuant to applicable bid laws. At a
				  minimum, the testing service shall assure the following.
1. All specimen collections will be performed
				  in accordance with applicable federal and state regulations and guidelines to
				  ensure the integrity of the specimens and the privacy of the donors. The
				  appointing authority or designee for each office shall review and concur in
				  advance with any decision by a collection site person to obtain a specimen
				  under direct observation. All direct observation shall be conducted by a
				  collection site person of the same gender.
2. Chain of custody forms must be provided to
				  ensure the integrity of each urine specimen by tracking its handling and
				  storage from point of collection to final disposition.
3. Testing shall be performed by a
				  SAMSHA-certified (Substance Abuse Mental Services Health Administration)
				  laboratory.
4. The laboratory shall
				  use a cut-off of 50 ng/ml for a positive finding in testing for
				  cannabinoids.
5. The laboratory
				  shall use a concentration cut-off of 0.08 or more for the initial positive
				  finding in testing for alcohol.
6.
				  All initial positives reported by the laboratory must be confirmed by
				  gas/chromatography/mass spectrometry.
7. All confirmed positive results of
				  alcohol/drug testing shall be reported by the laboratory to a qualified medical
				  review officer.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 1 - Substance Abuse Testing › Section I-113 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. All information,
				  interviews, reports, statements, memoranda, and/or test results received by DSS
				  through its alcohol/drug testing program are confidential communications,
				  pursuant to
				  R.S.
				  49:1012, and may not be used or received in
				  evidence, obtained in discovery, or disclosed in any public or private
				  proceedings, except in an administrative or disciplinary proceeding or hearing,
				  or civil litigation where drug use by the tested individual is relevant. These
				  records will be kept in a locked confidential file just as any other medical
				  records are retained.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:1001 et
					 seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 1 - Substance Abuse Testing › Section I-115 - Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Secretary of
				  DSS is responsible for the overall compliance with this policy and shall submit
				  to the Office of the Governor, through the Commissioner of Administration, a
				  report on this policy and drug testing program; describing the process, the
				  number of employees affected, the categories of testing being conducted, the
				  associated costs of testing, and the effectiveness of the program by December 1
				  of each year.
B. The appointing
				  authority or designee is responsible for administering the alcohol/drug testing
				  program; determining when drug testing is appropriate; receiving, acting on,
				  and holding confidential all information received from the testing services
				  provider and from the medical review officer; and collecting appropriate
				  information necessary to agency defense in the event of legal
				  challenge.
C. All supervisory
				  personnel are responsible for assuring that each employee under their
				  supervision is aware of and understands this policy.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:1001 et
					 seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 1 - Substance Abuse Testing › Section I-117 - Violation of the Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Positive
				  Test Result. All initial screening tests with positive results must be
				  confirmed by a second more accurate test with the results reviewed by a medical
				  review officer. Any breath test resulting in 0.08 alcohol concentration will be
				  considered an initial positive result. In these cases, the confirmation test
				  will be performed within 30 minutes, but not less than 15 minutes, of
				  completion of the screening test. Urine samples will be tested using the split
				  sample method, with the confirmation test performed on the second half of the
				  sample in the event of an initial positive result. Any employee reported with a
				  confirmed positive test shall either be suspended with pay pending
				  investigation or shall have the safety/security sensitive duties removed from
				  his/her position pending preparation and approval of disciplinary action up to
				  and including dismissal. At a minimum the following actions will be taken in
				  the instance of a first confirmed positive test.
1. The employee shall be subject to
				  disciplinary action as determined by the appointing authority.
2. The employee must meet with an approved
				  chemical abuse counselor for a substance abuse evaluation. The employee must
				  release the substance abuse evaluation prior to returning to duty. The
				  evaluation will become part of the follow-up plan for that employee to continue
				  employment with the department.
3.
				  The employee shall be screened on a periodic basis for not less than 12 months
				  nor more than 60 months. Follow-up testing, return to duty testing, counseling
				  and any other recommended treatment will be at the cost of the employee and not
				  the department. Post accident or return to duty tests which are positive will
				  result in the employee's dismissal.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 1 - Substance Abuse Testing › Section I-119 - Attachment A-Safety-Sensitive and Security-Sensitive Positions within DSS

Current through Register Vol. 50, No. 6, June 20, 2024
A. A candidate for
				  one of the following positions will be required to pass a drug test before
				  being placed in such a position, whether through appointment or promotion and
				  employees who occupy these positions will be subject to random alcohol/drug
				  testing.
Louisiana Rehabilitation Services
Administrative Specialist A (Position 060871)
Client Services Worker
Rehabilitation Aide
Office of Family Support
Social Services Analyst 1 & 2
(All positions in Support Enforcement)
Social Services Analyst Supervisor
(All positions in Support Enforcement)
Support Enforcement District Manager 1 & 2
Support Enforcement Regional Administrator
Office of Community Services
Administrative Coordinator 3
(Positions in Field Services - Parish and Regional
								Offices)
Administrator Coordinator 2
(Positions in Field Services - Parish and Regional
								Offices)
Child Welfare Services Assistant Trainee
Child Welfare Services Assistant
Child Welfare Counselor/Adoption
Child Welfare Specialist 1
Child Welfare Specialist 2
Child Welfare Specialist 3
Child Welfare Specialist 4
Child Welfare Specialist Trainee
Social Service Counselor 1
Social Service Counselor 2
Office of the Secretary/Office of Management and
								Finance
Accountant 3 (178446)
Administrative Coordinator 1 (002112, 002913)
Administrative Coordinator 2 (001979)
Auditor Supervisor (124684)
Licensing Specialist 1 - DSS
Licensing Specialist 2 -.DSS
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:1001 et
					 seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 1 - Substance Abuse Testing › Section I-121 - Attachment B-Procedures for Scheduling Drug Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. On a yearly basis a percentage of all DSS
				  employees in safety-sensitive or security-sensitive positions will be randomly
				  drug-tested. One-twelfth of that number will be scheduled each month.
1. A computerized system will randomly select
				  a designated number of employees.
2. Each month the appropriate managers will
				  be notified by human resources of the names of employees in their office
				  location randomly selected to be drug-tested. The names of employees to be
				  tested must be kept confidential at all times.
3. Based on each individual employee's
				  schedule, at the earliest possible date within the designated month, the
				  appropriate manager will notify the employee in writing first thing in the
				  morning that they must report to a designated lab for testing. Human resources
				  must be notified if an employee is on extended leave.
4. Each employee must go to the designated
				  lab within 24 hours of being notified.
5. The office human resources personnel will
				  be notified of the results of the tests. All test results must be kept
				  confidential and retained in a locked file cabinet.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 2 - Criminal Background and State Central Registry Checks › Section I-201 - Introduction and Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Department of Children and Family Services (DCFS) has a fervent commitment to
				  protect children by preventing the employment by the department of an
				  individual who has specific past criminal convictions, in positions whose
				  duties include the investigation of child abuse or neglect, supervisory or
				  disciplinary authority over children, direct care of a child, or performance of
				  licensing surveys and/or has been determined to be a perpetrator of abuse or
				  neglect of a child and listed on the state central registry.
B. In order to enhance the states ability to
				  protect children, the Louisiana Legislature enacted laws which provide for
				  state and federal criminal background checks and a state central registry check
				  for certain DCFS employees and potential employees.
C. The department will utilize the state
				  central registry of justified (valid) reports of abuse or neglect for
				  clearances of certain current and potential department employees, and will
				  prohibit these individuals from being employed or considered for employment in
				  those positions whose duties include the investigation of child abuse or
				  neglect, supervisory or disciplinary authority over children, direct care of a
				  child, or performance of licensing surveys when their name is recorded on the
				  state central registry subsequent to January 1, 2010 and when their
				  administrative appeal rights have been exhausted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51.2.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 2 - Criminal Background and State Central Registry Checks › Section I-203 - Conditions of Employment

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				  individual shall be hired by the department whose duties include the
				  investigation of child abuse or neglect, supervisory or disciplinary authority
				  over children, direct care of a child, or performance of licensing surveys,
				  until the following conditions are met.
1.
				  The individual submits his fingerprints to the Louisiana Bureau of Criminal
				  Identification and Information to facilitate a state and national criminal
				  records check and it is determined that the person has not been convicted of or
				  pled nolo contendere to a crime listed in
				  R.S.
				  15:587.1(C).
2. The department has conducted a search of
				  the state central registry and determined that the individual's name has not
				  been recorded subsequent to January 1, 2010.
3. If the potential employees name is
				  recorded on the state central registry subsequent to January 1, 2010 and prior
				  to August 1, 2018, they shall not be denied consideration for employment until
				  the potential employee has exhausted their right to an administrative appeal
				  and thereafter the potential employees name is confirmed to be listed on the
				  state central registry.
4. If the
				  individuals name is recorded on the state central registry as a perpetrator of
				  child abuse or neglect subsequent to August 1, 2018, they shall not be employed
				  or considered for employment by the department in positions whose duties
				  include the investigation of child abuse or neglect, supervisory or
				  disciplinary authority over children, direct care of a child, or performance of
				  licensing surveys.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 2 - Criminal Background and State Central Registry Checks › Section I-205 - Criminal History Records Checks for Access to Federal Tax Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose
1. As required by the IRS statute found at 26
				  USCS 6103(p)(4) and its supplemental publication 1075, the Department of
				  Children and Family Services(DCFS) will conduct fingerprinting, along with
				  national, state and local criminal history record checks on all individuals
				  handling and those who may handle Federal Tax Information (FTI). The criminal
				  history record checks will be used to determine the suitability of individuals
				  to access FTI in performance of their job duties or services for the Department
				  of Children and Family Services.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 3 - Risk Assessment Evaluation › Section I-301 - [Repealed]

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51.2,
					 R.S.
					 46:1414.1,
					 R.S.
					 15:1110.2, and
					 R.S.
					 17:407.41.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 3 - Risk Assessment Evaluation › Section I-303 - [Repealed]

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51.2,
					 R.S.
					 46:1414.1,
					 R.S.
					 15:1110.2 and
					 R.S.
					 17:407.41.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 3 - Risk Assessment Evaluation › Section I-305 - [Repealed]

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51.2,
					 R.S.
					 46:1414.1,
					 R.S.
					 15:1110.2 and
					 R.S.
					 17:407.41.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 3 - Risk Assessment Evaluation › Section I-307 - [Repealed]

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51.2,
					 R.S.
					 46:1414.1,
					 R.S.
					 15:1110.2 and
					 R.S.
					 17:407.41.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 3 - Risk Assessment Evaluation › Section I-309 - [Repealed]

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51.2,
					 R.S.
					 46:1414.1,
					 R.S.
					 15:1110.2 and
					 R.S.
					 17:407.41.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part I - General Administration › Subpart 1 - General Administration › Chapter 3 - Risk Assessment Evaluation › Section I-311 - [Repealed]

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51.2,
					 R.S.
					 46:1414.1,
					 R.S.
					 15:1110.2 and
					 R.S.
					 17:407.41.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 1 - Confidentiality › Section III-101 - Release of Confidential Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Information of the Department of Social
				  Services pertaining to financial assistance programs may be released in
				  accordance with the federal laws and regulations governing the release of
				  information of the Financial Assistance Programs.
B. Applicable federal laws include:
1. Social Security Act-Sec. 1106 (42
				  U.S.C. 1306);
2. Freedom of Information Act (5
				  U.S.C. 552 added by P.L. 90-23 and amended by
				  P.L. 93-502 and P.L. 94-409);
3.
				  Privacy Act of 1974 (5
				  U.S.C. 552 a), P.L. 93-579;
4. Drug Abuse Office and Treatment Act ( P.L.
				  92-255,  21 U.S.C. 1175) as amended by the Comprehensive Alcohol and Alcoholism
				  Prevention, Treatment and Rehabilitation Act Amendment of 1974 ( P.L. 93-282)
				  (  42 U.S.C. 4582) Section 6103 of the Internal Revenue Service Code (26
				  U.S.C. 6103), as amended by the Tax Reform
				  Act of 1976 ( P.L. 94-455);
5.
				  "Government in the Sunshine Act" ( P.L. 94-409);
6. The Family Education Right and Privacy Act
				  (FERPA) ( P.L. 93-568);
7. HHS
				  Public Information Regulation (45 CFR Part 5);
8. HHS Privacy Act Regulations (45 CFR Part
				  5b);
9. SSA Regulation No. 1 ( 20
				  CFR Part 401);
10. SSA Regulation
				  No. 22 ( 20 CFR Part 422);
11. The
				  Tax Reform Act;
12. The Right to
				  Financial Privacy Act of 1978;
13.
				  Part B, Title XVI of the Federal Coal Mine and Safety Act;
14.  7 CFR Part 272.1(c) -Disclosure (food
				  stamps);
15.  45 CFR Part 431
				   Subpart F-Safeguarding Information on Applicants and Recipients;
16.  45 CFR Part 74  Subpart D-Retention and
				  Access;
17. Part 74.25 Restrictions
				  on Public Access;
18. Part
				  205.50-Safeguarding Information (FITAP);
19. Part 302.15-State Plan
				  Requirements-Reports and Maintenance of Records;
20. Part 303-Standards for Program
				  Operations;
21. Part
				  303.2-Maintenance of Case Records;
22. Part 303.21-Safeguarding
				  Information;
23. Part 305-Audit and
				  Penalty;
24. Part 305.35-Reports
				  and Maintenance of Records;
25. the
				  Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L.
				  104-193).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 2 - Voter Registration Services › Section III-201 - Voter Registration by Mail

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The Department of Children and Family Services (DCFS) as administrator of the
				  Supplemental Nutrition Assistance Program (SNAP) and the Family Independence
				  Temporary Assistance Program is a designated voter registration
				  agency.
B. In accordance with the
				  guidelines of federal and state voter registration acts, parish offices shall
				  provide to applicants and participants of these programs the opportunity to
				  register to vote by providing the mail voter registration application form, and
				  making available assistance to complete the application process unless an
				  applicant refuses such assistance.
C. Parish offices shall accept and mail, or
				  otherwise submit, state voter registration forms to their appropriate registrar
				  of voters.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 18:116 and
					 P.L.
					 103-31, amended in accordance with
					 P.L.
					 110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-303 - General Rules and Principles

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  DCFS Appeals Unit is responsible for providing a system of hearings which must
				  meet the due process standards set forth in federal regulations, state laws,
				  and Goldberg vs. Kelly 397 US 245 (1970).
B. Each applicant is informed by the
				  application and by the appropriate notification forms (as decisions are made
				  affecting his case) of his right to a hearing, of the method by which a hearing
				  may be requested, and who may present his case. Detailed information concerning
				  the Fair Hearing procedure is contained in the Fair Hearing Pamphlet, Form OFS
				  5F, (which is provided by the Division of Administrative Law (DAL) or DCFS
				  office) when a fair hearing is requested.
C. The claimant may represent himself at the
				  hearing or be represented by any authorized agent.
D. Minimum procedural safeguards necessary to
				  accomplish the purpose of a fair hearing are:
1. a notice explaining the reason for the
				  action and citing the policy reference;
2. an opportunity to defend by confronting
				  adverse witnesses;
3. an
				  opportunity to present arguments and evidence orally;
4. an opportunity to appear with
				  counsel;
5. an impartial
				  administrative law judge;
6. a
				  decision based solely on the legal rules and the evidence offered as proof at
				  the hearing or obtained subsequent to the hearing; and
7. a statement explaining the reasons for the
				  decision of the administrative law judge and indicating the evidence on which
				  the decision is based.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-305 - Right to Request a Fair Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every applicant/recipient who believes he
				  has been unjustly treated regarding benefits or services under any program
				  administered by the Department of Children and Family Services may request a
				  fair hearing.
B. The DCFS Appeals
				  Unit has the right to deny a request for a fair hearing when:
1. the request is outside of the jurisdiction
				  of the DCFS Appeals Unit;
2. the
				  request for a hearing is made after the time limit has expired; or
3. the sole issue is one of state or federal
				  law or regulation requiring automatic adjustment in benefits for classes of
				  recipients.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-307 - Time Limits for Requesting a Fair Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. When
				  a decision is made on a case, the client is notified and is allowed the
				  following number of days from the date of the notice to request a fair hearing:
a. FITAP-30 days;
b. STEP Program-30 days;
c. KCSP-30 days;
d. SNAP-90 days.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-309 - Time Limits for Decisions to be Rendered

Current through Register Vol. 50, No. 6, June 20, 2024
A. A prompt, definitive, and final decision
				  must be provided within the number of days from the date of the fair hearing
				  request as listed below:
1. FITAP-90
				  days;
2. STEP Program-90
				  days;
3. KCSP-90 days;
4. SNAP-60 days.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-311 - Expedited SNAP Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  DCFS Appeals Unit and the department must expedite hearing decisions for SNAP
				  households that plan to move from the jurisdiction of the hearing official
				  before the hearing decision would normally be reached. Hearing requests from
				  these households shall be expedited if necessary to enable them to receive a
				  decision before they leave the area.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 42
					 U.S.C. 601 et seq.,
					 R.S.
					 36:474.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-313 - Continuation of Benefits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Recipients in all categories, except STEP Program, who request a fair hearing
				  prior to the expiration of the advance notice of adverse action or within 13
				  days of the date of concurrent notice must have benefits continued at, or
				  reinstated to, the benefit level of the previous month, unless:
1. the recipient indicates he does not want
				  benefits continued;
2. a
				  determination is made at the hearing that the sole issue is one of existing or
				  changing state or federal law; or
3. a change unrelated to the appeal issue
				  affecting the client's eligibility occurs while the hearing decision is pending
				  and the client fails to request a hearing after receiving the notice of
				  change.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-315 - Client Rights

Current through Register Vol. 50, No. 6, June 20, 2024
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.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-317 - Responsibility of DCFS Appeals Unit When a Fair Hearing is Requested

Current through Register Vol. 50, No. 6, June 20, 2024
A. The DCFS Appeals
				  Unit has the sole responsibility for accepting or rejecting all requests for a
				  fair hearing.
B. The DCFS Appeals
				  Unit must acknowledge fair hearing requests made directly to that office by or
				  for a claimant, or requests submitted by the department. All requests must be
				  denied or accepted in writing. The department will receive appropriate
				  notification.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 42
					 U.S.C. 601 et seq.,
					 R.S.36:474.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-319 - Scheduling

Current through Register Vol. 50, No. 6, June 20, 2024
A. The DCFS Appeals
				  Unit will cause to be scheduled all fair hearings. The claimant, his authorized
				  agent, and the department will be notified at least 10 days in advance of the
				  time, place, and date of the hearing. Hearings will be scheduled during regular
				  working hours and will normally be set in the department office, unless there
				  are reasons for scheduling in another location.
B. Any hearing which is required or permitted
				  hereunder may be conducted utilizing remote telephonic communications if the
				  record reflects that all parties have consented to conducting the hearing by
				  use of such communications and that such procedure will not jeopardize the
				  rights of any party to the hearing. A face-to-face hearing will be conducted if
				  requested by the appellant.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 42
					 U.S.C. 601 et seq., R.S
					 .36:474.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-321 - Providing a Summary of Evidence to the Client

Current through Register Vol. 50, No. 6, June 20, 2024
A. The DCFS Appeals Unit will provide or will
				  cause to be provided a copy of the summary of evidence to the claimant or to
				  his authorized agent with the notice for scheduling the fair hearing.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 42
					 U.S.C. 601 et seq.,
					 R.S.
					 36:474.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-323 - Withdrawals

Current through Register Vol. 50, No. 6, June 20, 2024
A. The claimant may
				  withdraw his request for a fair hearing at any time prior to the hearing. The
				  request for withdrawal may be stated verbally during a department conference
				  held by telephone or in person or submitted in writing to the local office or
				  the DCFS Appeals Unit. The local office must send written notice to the client
				  or the client's representative confirming the withdrawal for verbal withdrawals
				  that are initiated at the local office level during a department conference.
				  The DCFS Appeals Unit must send written notice to the client, the client's
				  representative, and the department confirming the withdrawal for withdrawals
				  that are initiated at the DCFS Appeals Unit and/or at the state office
				  level.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 42
					 U.S.C. 601 et seq.,
					 R.S.
					 36:474.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-325 - Dismissal of a Request for a Fair Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. A fair hearing request which is accepted
				  by the DCFS Appeals Unit may be disposed of without a hearing and without a
				  decision only when:
1. the request for a fair
				  hearing is withdrawn; or
2. the
				  claimant abandons his request for a hearing. If the claimant or his authorized
				  agent fails to appear for a hearing and has made no contact with the department
				  or the DCFS Appeals Unit, the request for a fair hearing will be considered
				  abandoned. If he later requests to reschedule, the request will be evaluated
				  for good cause;
3. the issue is
				  settled in the claimant's favor by the department.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-327 - Group Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a
				  department policy or regulation is the sole issue, the DCFS Appeals Unit may
				  schedule or cause to be scheduled a single group hearing to respond to a series
				  of individual requests. Regulations governing individual fair hearings are
				  followed. Each individual claimant must be permitted to present his case or be
				  represented by an authorized agent. If a group hearing is arranged, an
				  individual claimant must be given the right to withdraw from the group hearing
				  in favor of an individual hearing.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 42
					 U.S.C. 601 et seq.,
					 R.S.
					 36:474.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-329 - Attendance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Only persons
				  directly concerned are permitted to attend the hearing. The claimant may be
				  accompanied or represented by anyone he believes necessary or desirable to
				  support his claim, including legal counsel if he so desires.
B. Appropriate department representatives and
				  service providers are required to attend the hearing.
C. The administrative law judge has the
				  authority to limit the number of persons in attendance.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 42
					 U.S.C. 601 et seq.,
					 R.S.
					 36:474.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-331 - Hearing Official

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Hearings shall be conducted by an impartial official(s) who:
1. does not have a personal involvement in
				  the case;
2. was not directly
				  involved in the initial determination of the action which is being contested;
				  and
3. was not the immediate
				  supervisor of the worker who took the action.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-333 - Hearing Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  hearing authority shall be the person designated to render the final
				  administrative decision in a hearing.
B. Decisions of the hearing authority shall
				  comply with state and federal law and regulations and shall be based on the
				  hearing record.
C. A decision by
				  the hearing authority shall be binding on the Department of Children and Family
				  Services and shall summarize the facts of the case, specify the reasons for the
				  decision, and identify the supporting evidence and the pertinent state or
				  federal regulations. The decision shall become a part of the record. The
				  household shall be notified in writing of the:
1. decision;
2. reasons for the decision;
3. available appeal rights; and
4. right to pursue judicial review of the
				  decision.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 4 - Electronic Benefits Issuance System › Section III-401 - Electronic Benefits Transfer (EBT)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Economic Stability programs utilize an
				  electronic benefits issuance system referred to as Electronic Benefits Transfer
				  (EBT) that allows eligible individuals and households to have their
				  governmental benefits deposited into an account to pay for products purchased
				  or to obtain authorized cash payments. Programs that utilize the EBT are Family
				  Independence Temporary Assistance Program (FITAP), Kinship Care Subsidy Program
				  (KCSP), and Supplemental Nutrition Assistance Program (SNAP)
				  Benefits.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:450.1,
					  7
					 CFR 274.12  and  45 CFR 95(F) . Section 404(g)
					 of the Social Security Act.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 4 - Electronic Benefits Issuance System › Section III-403 - Cash Benefits [Formerly Section 402]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Cash benefits and Supplemental Nutrition
				  Assistance Program (SNAP) benefits shall be available through EBT in staggered
				  cycles to on-going households beginning on the first day of each month. The
				  last digit of the Social Security number determines the date that benefits are
				  issued. Cash benefits will be available within the first five days of each
				  month. SNAP benefits will be available within the first 23 days of each month.
				  SNAP cases that contain elderly or disabled persons will have benefits
				  available during the first four days of each month. Other issuance
				  authorizations will be posted to the EBT account the day after they are
				  authorized except in emergency circumstances in which case benefits will be
				  available on the same day.
B.
				  Benefits are delivered in this manner for households certified on an on-going
				  basis. Benefits can accumulate but are accounted for according to the month of
				  availability and will be withdrawn on a first-in-first-out basis. Each month's
				  benefits with no activity by the client for a period of 274 days from the date
				  of availability will be expunged and will not be available to the household
				  after expungement. FITAP benefits which have been expunged may be reauthorized
				  for availability if the recipient has good cause for not having accessed them
				  during the original availability period.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 7 CFR
					 272.3(c)(1)(ii) and
					 P.L.
					 104-193,
					 P.L.
					 110-246.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 4 - Electronic Benefits Issuance System › Section III-405 - pation of Retailers (Effective October 1, 1997) [Formerly Section 403]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Retail
				  establishments which are U.S. Department of Agriculture, Food and Nutrition
				  Service (FNS), authorized Supplemental Nutrition Assistance Program benefit
				  redemption points must be allowed the opportunity to participate in the state
				  EBT system. FNS approved retailer may choose to accept EBT cards for cash
				  transactions (FITAP and KCSP). All other retail establishments may participate
				  in the cash access component of the systemunless prohibited by
				  R.S.
				  46:231.14(B) by contacting
				  their commercial debit/credit processor to request to participate in cash
				  access. Retailers participating in cash access will be charged standard
				  commercial connection, lease, and/or transaction fees to interface with the EBT
				  system.
B. In accordance with
				  R.S.
				  46:231.14, when a retailer or other business
				  establishment is cited for violations of any provision of
				  R.S.
				  46:231.14(A) or
				  R.S.
				  46:231.14(B) regarding
				  prohibited retailers, goods and services, the department shall take
				  administrative actions as follows.
1. Fines.
				  Any retailer or other business establishment that violates these regulations
				  shall be subject to the following civil fines:
a. $500 for the first violation;
b. $1,000 for the second violation;
c. $2,500 for the third violation and each
				  violation thereafter.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 4 - Electronic Benefits Issuance System › Section III-407 - Service Fees Effective October 1, 1997 [Formerly Section 405]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Recipients of
				  cash assistance may be charged fees for accessing cash only benefits. Retailers
				  may charge their usual and customary check cashing fee for providing cash only
				  benefits to FITAP recipients under the following circumstances:
1. the recipient presents a valid EBT system
				  card (known as the "Louisiana Purchase Benefit Card"); and
2. the recipient is not using the card to
				  obtain cash in conjunction with the purchase of goods or services through the
				  EBT system.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 4 - Electronic Benefits Issuance System › Section III-409 - Participation of Approved Prepared-Meal Facilities [Formerly Section 407]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Facilities
				  providing prepared meals that are authorized by the United States Department of
				  Agriculture, Food and Nutrition Service and, in some instances, the agency, to
				  accept food stamp benefits for prepared meals may be authorized redemption
				  points using the EBT card. Participating facilities are subject to all
				  applicable regulations of this provision. If found guilty of abuse, misuse or
				  fraud by using the EBT card or benefits in a manner or intent contrary to the
				  purpose of the Food Stamp Program, a facility may be permanently disqualified
				  from participation and have all equipment provided by the vendor disconnected
				  and removed from the facility after due process.
1. A facility must maintain confidentiality
				  in accordance with Food Stamp Program rules by requiring privacy when accepting
				  payments or payment/contributions from recipients.
2. Settlement of funds to a facility will be
				  made electronically as a direct deposit to the financial institution selected
				  by the facility.
3. A facility must
				  sign a contract with the agency's EBT vendor and be certified to the vendor's
				  system prior to participation.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 5 - Computer Matching › Section III-501 - Due Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Due process
				  will be provided to applicants for and recipients of benefits in the Food
				  Stamp, Family Independence Temporary Assistance Program, and Refugee Cash
				  Assistance Programs who are subject to computer matches.
1. Any adverse information developed in a
				  computer match must be subjected to investigation and verification before
				  action is taken.
2. Recipients may
				  not have their benefits suspended or reduced based on the information received
				  in a computer match until the expiration of a 30-day adverse notice period. If
				  an individual contacts the agency within the notice period and indicates
				  acceptance of the validity of the adverse information, the agency may take
				  immediate action to deny or terminate. The agency may also take action if the
				  period expires without contact.