Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part LIII - Pharmacists
Chapter 3 - Board Hearings
Section LIII-329 - Formal Hearing

Universal Citation: LA Admin Code LIII-329

Current through Register Vol. 50, No. 9, September 20, 2024

A. Authority. The board shall provide a formal administrative hearing pertaining to the proprietary rights or privilege to practice pharmacy, or operate a pharmacy, or hold a certificate or registration, in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., with authority to take disciplinary action pursuant to R.S. 37:1241 of the Pharmacy Practice Act.

B. Ex-Parte Communication. Once a formal hearing has been initiated and notice served, board members participating in the decision process shall not communicate with a respondent or a respondent's attorney concerning any issue of fact or law involved in the formal hearing.

C. Notice. A formal disciplinary public proceeding may be initiated upon proper notice to a respondent and held at a designated time and place based upon the following grounds:

1. violation-sufficient evidence or a serious complaint of an alleged violation to require a formal hearing shall be directed to legal or special counsel for administrative prosecution to justify a formal hearing; or

2. failure to respond-a failure by the respondent to respond to the violations committee informal inquiry; or

3. irresolvable issues-a violations committee informal hearing fails to resolve all issues and requires further formal action; or

4. irreconcilable issues-an interlocutory hearing fails to resolve all pertinent pending issues thus requiring further formal action; or

5. reaffirmation-reaffirmation of an interlocutory decree; or

6. requirement-a formal administrative hearing requirement.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1182.

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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