La. Admin. Code tit. 67 § III-301
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.
La. Admin. Code tit. 67, § III-301