Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part XCI - Drug and Device Distributors
Chapter 7 - Disciplinary Procedures
Section XCI-707 - Hearings

Universal Citation: LA Admin Code XCI-707

Current through Register Vol. 50, No. 3, March 20, 2024

A. Notice of Hearings. The board shall formally charge the party against whom a complaint has been made when said complaint appears to be sufficient cause for suspension or revocation of a license, or other disciplinary sanction. At least 30 days prior to the date set for a public hearing, the formal charges and notice shall be sent by certified mail to the party against whom the complaint is made at his last known address on file with the board. The formal charges and notice shall conform to the requirements of the Administrative Procedure Act.

B. Disposition of Complaint. The board shall conduct such investigations, order such hearings, and take such other action as it finds necessary to make an intelligent decision on the complaint submitted for review.

C. Appearance. The party against whom the complaint has been made and upon notice being served, must appear at the date, time and place fixed for the hearing.

D. Default in Appearing. In the event the party against whom the complaint has been made fails to appear at the hearing provided for and also that notice has been given as to the hearing date, time and place, the party so failing to appear or otherwise obtain approval of the board for its absence shall be deemed to be in default and the evidence as received by the board at that time may be entered into the record and may be taken as true and the order of the board entered accordingly.

E. The procedure for notice, hearing and appeals, there from, shall be that of the Louisiana Administrative Procedure Act.

F. Hearing Procedure. The hearings called according to these rules and regulations shall be conducted by the board in accordance with the Administrative Procedure Act.

1. The chairman of the board or the vice-chairman in the absence of the chairman shall announce the title and docket number of the proceeding before the board. Attorneys and/or other representative of the accused party shall be recognized along with the representatives of the board and other proper parties.

2. The board's attorney and/or representative shall then present its evidence.

3. The accused or his attorney shall then be entitled to present its evidence subject to cross examination by the board's attorney and/or representative.

4. The board, after deliberation in executive session, may render a decision in the case by order, consent order, or default order.

G. Board's Decision. The decision of the board shall be submitted, in writing, to the accused and/or his attorney, if any, by certified mail within a reasonable period after it is rendered by the board.

H. Rehearings. A decision or order of the board shall be subject to rehearing or reconsideration by the board within 10 days from the date of receipt of the decision by the accused and/or his attorney, if any. Rehearings or reconsiderations shall be conducted in accordance with the Administrative Procedure Act.

I. Recording of Hearings. The board shall make a full recording of all proceedings before it and shall at the request of any party have prepared and furnished to him a copy of the transcript or any part thereof upon payment of the actual cost thereof.

J. Judicial Review of Decision. A person who is aggrieved by a final decision or order of the board is entitled to Judicial Review in accordance with the Louisiana Administrative Procedure Act. Proceedings for Judicial Review may be instituted in the district court of the parish in which the board is located within 30 days after receipt of the notice of the final decision by the board or if a rehearing or reconsideration occurs within 30 days after the decision thereon.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3461-3482.

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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