La. Admin. Code tit. 46 § LIII-105

Current through Register Vol. 50, No. 11, November 20, 2024

Section LIII-105 - Board Procedures

A. All board procedures and operations shall adhere to the Administrative Procedure Act, R.S. 49:950 et seq., the Open Meetings Law, R.S. 42:4.1 et seq., and the Public Records Act, R.S. 44:1 et seq.

B. Order. Robert's Rules of Order shall govern all proceedings unless otherwise provided.

C. Public Comments. A public comment period shall be held during each board meeting.

1. Persons desiring to present public comments shall notify the board chairman or executive director no later than the beginning of the meeting. However, to assure that an opportunity is afforded to all persons who desire to make public comments, the chairman shall inquire at the beginning of the meeting if there are additional persons who wish to comment. The chairman shall allot the time available for the public comments in an equitable manner among those persons desiring to comment, limiting each person to a maximum of three minutes, with the total comment period not to exceed 30 minutes. Each person making public comments shall identify himself and the group, organization, company, or entity he represents, if any.

2. Unless otherwise provided by law, public comment is not part of the evidentiary record of a hearing or case unless sworn, subject to cross-examination, offered by a party as relevant testimony, and received in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.

D. Open Meetings via Electronic means

1. Disability Accommodations

a. People with disabilities are defined as any of the following:

i. A member of the public with a disability recognized by the Americans with Disabilities Act (ADA);

ii. A designated caregiver of such a person; or

iii. A participant member of the board with an ADA-qualifying disability.

b. The written public notice for an open meeting, as required by R.S. 42:19, shall include the name, telephone number, and email address of the board representative to whom a disability accommodation may be submitted.

c. The designated board representative shall provide the requestor with an accommodation, including the teleconference and/or video conference link, for participation via electronic means as soon as possible following receipt of the request, but no later than the start of the scheduled meeting.

d. Participation via electronic means shall count for purposes of establishing quorum and voting.

La. Admin. Code tit. 46, § LIII-105

Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 14:708 (October 1988), effective January 1, 1989, amended LR 29:2076 (October 2003), effective January 1, 2004, Amended LR 501155 (8/1/2024).

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