LAC 46:LXXII.315. Appeals

A. The defendant may submit a Notice of Appeal within 30 days of receipt of final determination. 1. Appeals must be submitted by completing and submitting a Notice of Appeal request form found on the commission’s website. 2. Appeals must include new or additional evidence. 3. Individuals cannot appeal: a. actions taken against an individual’s registration status as a result of a lack of adherence to registration or renewal policies outlined in this Part. b. eligibility (initial or renewal) criteria. 4. The chairperson of the board of commissioners shall appoint three board members to a designated appeals committee, which will meet as needed to consider appeals. Members of the committee may be replaced at the discretion of the chair of the board of commissioners. 5. The appeal will not include a hearing or any similar public proceeding. The designated appeals committee will conduct and complete the appeal within 60 business days after receipt of the notice of appeal. The designated appeals committee may, in its discretion, extend the time for completing the appeal for difficult cases. 6. The designated appeals committee may consult legal counsel. 7. When reviewing appeal material and making its determinations, the designated appeals committee in its discretion may recommend to: a. affirm the original decision; b. overrule the original decision and specify action; c. return the matter back to the board of commissioners without recommendation. 8. The written decision of the designated appeals committee, including a statement of the reasons for its decision, shall be reported to the board of commissioners. The board of commissioners shall review and make a final recommendation(s) based on appeal to the commission on the course of action.