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Louisiana LIHEAP Service Delivery Guide 29 | P a g e
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2. How to Appeal or Request a Fair Hearing a. First Level – Subgrantee/Local Review When an applicant is denied or not acted upon with reasonable promptness, the applicant has the right to request a review by the Subgrantee’s Appointing Authority or Delegated Authority approved by LHC. Upon receipt of the applicant’s First Level Appeal request, the Subgrantee must respond with a decision in writing to the applicant and cc: LHC within fifteen (15) business days of the request. The decision letter must notify the applicant of their right to a Second Level Appeal by LHC. Sample Appeal Decision Letter (Appendix C). b. Second Level – LHC Review If the issue cannot be resolved at the Subgrantee level, an applicant may make a written request for a Second Level Appeal to LHC. The written request should be submitted with an explanation of the issue on the back of the service application form under Right to Appeal and Fair Hearing with continuation on separate attached paper, if necessary. If the application form is unavailable, the applicant may state the request in a letter addressed to the Louisiana Housing Corporation (LHC), 2415 Quail Drive, Baton Rouge, LA 70808. If assistance is requested, the Subgrantee may assist the applicant with the preparation of a written request. The request must be received by LHC, or Subgrantee, or postmarked within ten (10) business days of the First Level Appeal decision. LHC will make a written determination to the applicant and cc: the Subgrantee within fifteen (15) business days of receipt. LHC’s response will include further instructions for a Fair Hearing in the event the decision is unfavorable to the applicant. c. Third Level – Administrative Law Judge In the event an applicant is still dissatisfied, LHC will retain an Administrative Law Judge to preside at the hearing and follow applicable laws to render a decision. Services will not begin until the matter is resolved. Within five (5) business days, upon receipt of a request for a fair hearing, LHC shall schedule a fair hearing to be conducted no later than fifteen (15) business days from receipt of a request for a fair hearing. The fair hearing shall be conducted in accordance with the following criteria: i. The hearing shall be held in a place reasonably convenient to the applicant and open to the public.