Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part LIV - Physical Therapy Examiners
Subpart 2 - Practice
Chapter 3 - Practice
Subchapter D - Disciplinary Proceedings
Section LIV-387 - Formal Hearings [Formerly Section 337]
Universal Citation: LA Admin Code LIV-387
Current through Register Vol. 50, No. 9, September 20, 2024
A. The board is authorized by R.S. 37:2420, to initiate administrative proceedings against persons to whom it has issued a license to practice as a PT or PTA or against any applicant requesting a license. The board and the Respondent accused of a violation are the parties to the proceeding. The person has the right to appear and be heard, either in person or through counsel; the right to notice, a statement of what accusations have been made; the right to present evidence and to cross examine; and the right to have witnesses subpoenaed.
B. If the Respondent does not appear, either in person or through counsel, after proper notice has been given, the Respondent is deemed to have waived these rights and the board may proceed with the hearing without the presence of the Respondent.
C. Disciplinary proceedings shall include certain steps, and may include other steps as follows.
1. The board has received or originated a
complaint alleging that a licensee or applicant has acted in violation of the
Practice Act or board rules.
2.
a. The complaint is investigated by the
Investigative Committee as defined in
§123 to determine if there is sufficient
evidence to warrant disciplinary proceedings. Once the complaint is under
investigation, no board member (except board members serving as members of an
Investigative Committee) shall receive or review any information relevant to
the subject matter of the investigation or communicate with the respondent or
his legal representative, potential witnesses, or any member of the
Investigative Committee concerning any issue of fact or law relevant to the
investigation. A board member who has served on the Investigative Committee
shall not serve as a member of a hearing panel of the board in the adjudication
of a case previously investigated by the board member.
b. A decision to initiate a formal complaint
or charge is made if one or more of the following conditions exist:
i. the conduct complained of is sufficiently
serious;
ii. the Respondent,
through board correspondence, has been given an opportunity to show compliance
with lawful requirements for the retention of his license without restriction
as contemplated by
R.S.
49:961.C, but the Respondent fails to
respond, affirmatively waives the opportunity or provides an unconvincing
response to the board's correspondence; or
iii. an Informal Conference is conducted, but
fails to resolve all of the issues or reach a Consent Order acceptable to the
board and the Respondent.
3. A sworn complaint is filed, charging the
violation of one or more of the provisions of the Practice Act and/or board
rules and the specific violation thereof.
4. A time and place for a hearing is fixed by
the chairman or an agent of the board.
5.
a. At
least 20 days prior to the date set for the hearing, a copy of the charges in
the form of an Administrative Complaint shall be served on the Respondent by
certified mail with return receipt as well as by regular first class mail at
the most current address reflected in the official records of the board, or by
personal service on the Respondent. Respondent is obligated to provide current
contact information to the board as required by
§317 If service by certified mail is not
effective or is returned unclaimed, attempted personal service does not succeed
and attempted notice at Respondent's email address and telephone number also
are unsuccessful, the complaint may be adjudicated by default pursuant to
R.S.
49:955.D.
b. The content of the charges limits the
scope of the hearing and the evidence which may be introduced. The charges may
be amended at any time up to ten days prior to the date set for the
hearing.
c. If the board is unable
to describe the matters involved in detail at the time the sworn complaint is
filed, this complaint may be limited to a general statement of the issues
involved. Thereafter, upon respondent's request, the board shall provide a more
definite and detailed statement.
d.
The respondent may file a written answer to the complaint within 15 days of
service, admitting or denying each of the separate allegations. Any matter
admitted by the respondent shall be deemed proved and established for the
purpose of adjudication. In the event the respondent does not answer the
complaint, all allegations will be deemed denied.
e. At any time after service of the
administrative complaint, a respondent who chooses to be represented by legal
counsel shall provide written notification to the board's prosecuting attorney
of the name, address and telephone number of such counsel. Following receipt of
proper notice of representation, all further notices, correspondence,
administrative complaints, subpoenas, orders or other process shall be served
on Respondent through his counsel of record.
6. Except for extreme emergencies, motions
requesting a continuance of a hearing shall be filed no less than five days
prior to the time set for the hearing. The motion shall contain the reason for
the request, which reason must have relevance to due
process.
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:205(B)(10) and Act 535 of 2009.
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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