Current through Register Vol. 50, No. 9, September 20, 2024
A. Informal Inquiry Procedures
1. The licensee shall be given adequate prior
notice of the informal inquiry and possible hearing of the issues to be
discussed. Adequate notice includes:
a.
informing the licensee in writing that a complaint has been filed;
b. a short and plain statement of the nature
of the complaint;
c. a reference to
the particular sections of the statutes, rules and/or ethical standards of the
board which appear to have been involved;
d. copies of the law and the rules and
regulations of the board; and
e. a
request for the licensee's cooperation in obtaining a full understanding of the
circumstances which led to the allegation.
2. The licensee is requested to provide,
within 30 days, a written statement giving the licensee's view of the situation
which is the subject of the complaint so that the board may be cognizant of all
relevant aspects of the case.
3.
Evaluating the Findings of the Informal Inquiry. Upon receipt of a reply from
the licensee, the board shall review the information and determine if a
violation may have occurred, and if so, what standard(s) have been violated. If
the determination of the board is that the issues raised by the complainant
would constitute a violation of standards, the board shall then determine
whether:
a. further investigation by
correspondence is indicated;
b.
further investigation by an informal hearing is indicated; or
c. institution of formal hearing procedures
is indicated.
B. Informal Hearing Procedures. The board
shall conduct informal hearings in executive session in accordance with the
following.
1. It is expected that the
licensee not have an attorney or other advisor present, although it is his
right to do so.
2. Witnesses may be
called, but are not placed under oath and no subpoenas are issued.
3. Statements made at the informal hearing
may not be introduced at a formal hearing unless all parties consent.
4. No transcript of the informal hearing is
made.
C. Evaluating the
Finding of the Informal Hearing
1. If the
board decides that the subject of the complaint is a violation of the
standards, and the disciplinary proceedings are warranted, the board shall then
determine whether:
a. the violation merits
informal disposition; or
b. a
formal hearing will be held.
2. The board, in determining for informal
disposition, shall order actions such as:
a.
a settlement between the person making the complaint and the licensee. This
settlement shall be written, signed by the licensee and the complainant and
submitted to the board within 30 days of the informal hearing;
b. a consent order describing the
disciplinary action which will be taken. A consent order shall be signed by the
licensee, the chairman, and vice-chairman of the board.
D. Refusal to Respond or Cooperate
with the Board
1. If the licensee does not
respond to the original inquiry within 30 days, a follow-up letter shall be
sent to the licensee by registered or certified mail, return receipt
requested.
2. If the licensee
refuses to reply to the board's inquiry or otherwise cooperate with the board,
the board shall continue its investigation. The board shall record the
circumstances of the licensee's failure to cooperate and shall inform the
licensee that the lack of cooperation may result in action which could
eventually lead to the suspension or revocation of license, or other
appropriate legal action under the law.
E. Withdrawal of Complaint. If the
complainant wishes to withdraw the complaint, the inquiry is terminated, except
in cases where the board judges the issues to be of such importance as to
warrant completing the investigation in its own right and in the interest of
the public welfare.
F. If, at any
point in the informal proceedings described above, the board finds that public
health, safety, or welfare imperatively requires emergency action, and
incorporates a finding to that effect in its order, the board is hereby given
authority to obtain a restraining order from a judge of the appropriate court
to suspend the license pending formal hearing proceedings for revocation of
license or other disciplinary action. This formal hearing shall be promptly
instituted.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:381.
