Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 1 - General Administrative Procedures › Chapter 3 - Hearings › Section III-301 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For all purposes of these rules and regulations, the
					 terms defined in this Chapter shall have the following meanings, unless the
					 context of use clearly indicates otherwise.
Administrative Disqualification Hearing
-an
					 administrative hearing to determine if an intentional program violation
					 occurred.
Administrative Law Judge (ALJ)
-an
					 impartial individual responsible for conducting a fair hearing and issuing a
					 recommended or final decision on the issues in question.
Advance Notice
-notice informing the client
					 of a proposed adverse action and the date that the future action will be
					 taken.
Advance Notice Period
-the period from the
					 date of the notice to the date the proposed action is to be taken.
Adverse Notice
-
any
					 written notice informing the client of any department action which unfavorably
					 affects his case and when that action is effective.
Appeal Decision
-
an
					 official report which contains the substance of what transpired at the hearing
					 and a summary of the case facts, identifies pertinent state or federal
					 regulations, and gives the reason for the decision. It is the final written
					 decision of the Department of Children and Family Services (DCFS), Appeals
					 Unit, on the issue in question.
Authorized Agent
-
any
					 person acting on behalf of an applicant/recipient. This may include a friend,
					 relative, attorney, paralegal, legal guardian, conservator, or foster care
					 provider. For Supplemental Nutrition Assistance Program (SNAP) purposes, it may
					 also mean an authorized representative or another household member.
Benefits
- any kind of assistance, payments
					 or benefits made by the department for Family Independence Temporary Assistance
					 Program (FITAP), Strategies to Empower People (STEP) Program, Kinship Care
					 Subsidy Program (KCSP), or Supplemental Nutrition Assistance Program.
Claimant
-an applicant or recipient who has
					 requested a hearing.
Concurrent Notice
-notice informing the
					 client of an action on his case which is being effected at the time the notice
					 is given. The client is also informed of his right to request a fair hearing
					 within an appropriate time-period.
Date of Action
-the intended date on which
					 a termination, suspension, or reduction of benefits becomes effective.
Department
-
any
					 operating unit of the Department of Children and Family Services (DCFS) such as
					 local, regional, or state offices.
Department Conference
-
a
					 meeting between the claimant and the department where a supervisor or
					 administrator explains the action that is being appealed. It may be conducted
					 by telephone if the claimant agrees. The worker/program coordinator may
					 participate if the supervisor deems this appropriate and the claimant is in
					 agreement.
Directive
-
a written
					 communication from the DCFS Appeals Unit to the department giving specific
					 instructions to be taken as a result of a hearing. This action shall be taken
					 within 10 days and reported to the DCFS Appeals Unit within 14 days of the
					 receipt of the directive.
Fair Hearing
-
an
					 administrative procedure during which a claimant, or a group of claimants, or
					 his, or their, authorized agent may present a grievance and show why it is
					 believed the department action, proposed action, or inaction is not fair and
					 should be corrected. A fair hearing meets the due process requirements set
					 forth in the U.S. Supreme Court decision in Goldberg vs. Kelly.
Official Hearing Record
-a verbatim
					 transcript or an official report summarizing what transpired at the hearing,
					 all evidence and other material introduced at the hearing, the recommendations
					 of the administrative law judge, and the directive, if issued.
Public Assistance Household
-
a SNAP household in which all members receive FITAP, KCSP, or federal
					 Supplemental Security Income (SSI).
Request for a Fair Hearing
-
any clear expression (oral or written) by the claimant or his
					 authorized agent that he wants to appeal a department decision to a higher
					 authority.
Subpoena
-an order commanding that a
					 designated person or document be present at a fair hearing.
Summary of Evidence
-
a
					 document prepared by the department stating the reason(s) the department
					 decided to take the action being appealed. Its purpose is to provide the
					 claimant information needed to prepare his case for the
					 hearing.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 42 USC
					 601 et seq.,
					 R.S.
					 36:474, and
					 R.S.
					 46:237.