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Title 28, Part CLXV Louisiana Administrative Code April 2025 10 3. Request for Appeal of Accuracy or Completion of CCCBC Results a. A request for such an appeal must be submitted in writing to the department, in a form provided by the department, within 45 calendar days of the date of issuance of the NOI. b. To be sufficient, a request for appeal:
i. must contain written reasons that identify the specific information provided in the NOI that is believed to be inaccurate or incomplete; and
ii. should include official information and/or documentation of the accurate and/or complete information, if available. c. Upon receipt of a request for appeal, the department shall determine whether the request is sufficient or insufficient, and shall notify the requestor in writing accordingly. 4. Review of Appeal a. If the request for an appeal is sufficient, and no further information or documentation is required, the department shall complete the review of the appeal information and/or documentation and render a final written decision within 30 calendar days of receipt of the request for appeal. b. If the request for an appeal is sufficient, but additional information and/or documentation is required to complete the appeal, the department shall notify the requestor in writing, and the requestor shall have 45 calendar days from the date of the request to provide the information and/or documentation.
i. If the required information and/or documentation is not received within the 45 days, the appeal may be denied for insufficiency of information and/or documentation.
ii. If the required information and/or documentation is received within 45 days, the department shall complete the review of the appeal information and/or documentation and render a final written decision within 30 calendar days of receipt of the required information and/or documentation or receipt of required information and/or documentation requested by the department on behalf of the requestor. 5. Result of Appeal a. If as a result of the appeal process, the requestor’s CCCBC results are revised, and based on the revised CCCBC results, the department determines the requestor is eligible for child care purposes, the department shall notify the appeal requestor and the original requesting home-based provider that the requestor is eligible for child care purposes by sending a notice of eligibility for child care purposes to both.
i. The notice of eligibility shall be valid from the date of issuance. The expiration date shall be five years from the date the original NOI was sent to the requestor and the requesting home-based provider. b. If the appeals process does not result in a revision of the CCCBC results, or if it results in a revision to the CCCBC results, but based on the revised results, the requestor is still ineligible for child care purposes, the department shall notify the requestor in writing that the appeal is denied and that the determination of ineligibility remains in effect. AUTHORITY NOTE: Promulgated in accordance with 45 CFR Part 98.43, R.S. 15:587.1, and R.S. 17:407.71. HISTORICAL NOTE: Promulgated by the Board of Elementary and Secondary Education, LR 44:258 (February 2018), effective March 1, 2018, LR 48:31 (January 2022). §311. Specific Certification Requirements for In-Home Child Care Providers A. To be certified as a CCAP provider, in addition to the requirements in §305, an in-home care provider must meet the following requirements which include, but are not limited to, the requirements for registration as an in-home provider pursuant to R.S. 17:407.61 et seq. 1. Age. Be at least age 18. 2. Telephone. Have a working telephone that is capable of receiving incoming and making outgoing calls and that is available at all times in the home in which care is being provided. Notify the LDOE immediately upon a change in such phone numbers by submitting written notice to the LDOE by fax or email. 3. Costs. Pay costs necessary to obtain required criminal background checks. 4. State Fire Marshal. Provide written verification of current State Fire Marshal approval for the home where care is being provided. 5. Determination of Eligibility for Child Care Purposes. Provide documentation of a CCCBC-based determination of eligibility for child care purposes by the department for required persons in compliance with §310 of this Part; 6. Louisiana Sex Offender Sex Offender and Child Predator. Annually check Louisiana sex offender and child predator registry to determine if the name of any of the persons required to obtain a CCCBC-based determination of eligibility for child care purposes is recorded on the registry. 7. Children’s Daily Attendance. A daily attendance record for children shall be maintained that shall accurately reflect children in care at any given time and shall include the child’s first and last name, arrival and departure times, date, and first and last name of the person or entity to whom the child is released. 8. Transportation. If transportation is provided, the provider shall: a. use child safety restraints, such as car seat belts, child restraining seats, infant carrier seats, etc., as required by law in the transportation of children in care;