Current through Register Vol. 50, No. 9, September 20, 2024
A.
Purpose. Board-designated staff shall receive reports and complaints and review
and evaluate findings to determine the nature and disposition of the alleged
violation(s). The alleged violation(s) may then be directed to:
1. violations committee for informal
hearing;
2. violations committee
for interlocutory hearing; and/or
3. special counsel for institution of a
formal administrative hearing.
B. Guidelines. If determined appropriate by
board-designated staff, the violations committee shall receive and review
complaints and determine the disposition of the pending matters based on the
following.
1. Seriousness. The seriousness of
the alleged offense.
2. Degree. The
extent of the alleged violations.
3. History. The history of prior
violations.
4. Record. Prior
sanctions.
5. Cooperation.
Willingness to obey the prescribed laws and regulations.
6. Deterrent. Consider the sanctions as a
deterrent to future violations.
7.
Remedy. The sanctions are sufficient to remedy the problem.
C. Informal Hearings. The
violations committee may conduct an informal non-adversarial hearing with the
respondent properly noticed of the inquiry regarding the issues to be
discussed. The committee shall receive information and deliberate as to a cause
of action regarding a potential violation. The committee may recommend a course
of action to the full board or dismiss the allegations by an affirmative
majority vote of the committee. Should the violations committee recommend a
course of action to the full board, the following shall apply.
1. Disclosure. Respondent's testimony or the
work product from the informal hearing of any staff or committee member may not
be introduced at any subsequent formal hearing.
2. Recusal. Violations committee members
shall not be permitted to participate in subsequent formal board hearings
pertaining to complaints or alleged violations heard by the violations
committee, unless respondent allows otherwise.
D. Interlocutory Hearings. By interlocutory
(or summary) hearing, the violations committee may summarily suspend a license,
permit, certification, and/or registration prior to a formal administrative
board hearing wherein, based upon the committee's judgment and reflected by
adequate evidence and an affirmative majority decision, a person poses a danger
to the public's health, safety, and welfare, and the danger requires emergency
action.
1. Summons Notice. A summary
proceeding summons notice shall be served at least five days before the
scheduled hearing to afford the respondent an opportunity to be heard with
respect to a potential summary suspension action. The notice shall contain a
time, place, nature, and the grounds asserted relative to the alleged conduct
warranting summary suspension.
2.
Burden of Proof. Legal counsel shall have the burden of proof to support the
contention that the public's health, safety, or welfare is in danger and
requires summary or emergency action.
3. Evidence. The respondent shall have the
right to appear personally and/or be represented by counsel to submit
affidavits, documentary evidence, or testimony in response to the cause of
action asserted as the basis for the summary suspension.
4. Decision. The committee shall determine
whether to grant or deny the summary suspension based upon adequate evidence
with an affirmative majority vote substantiated by finding(s) of fact and
conclusion(s) of law that the public's health, safety, or welfare is in danger
and requires emergency or summary action.
5. Report. The committee shall submit their
findings and interlocutory decree to the board when rendered.
6. Suspensive Duration. The summary
suspension decree shall be followed by a formal administrative hearing within
30 days from receipt of notice by the respondent.
E. Probation Violation Hearings. Probation
violation proceedings shall be initiated upon receipt of information indicating
that a respondent is in violation of any of the terms or conditions of his
probation.
1. Review. Board-designated staff
shall receive and review the compliance officer's report and then determine
whether a probation violation proceeding is warranted. Should a probation
violation hearing be determined warranted, the violations committee shall
proceed by interlocutory hearing or informal hearing as deemed
appropriate.
2. Notice. Notice
shall be afforded the respondent of the allegation(s) forming the basis of the
alleged violation status, and the time and place of the appropriate hearing to
be conducted.
3. Disposition.
Disposition of the hearing shall be according to the appropriate procedures to
informal hearings or interlocutory hearings.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:1182.
