La. Admin. Code tit. 46 § LIV-392

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

Section LIV-392 - Order of Hearing [Formerly Section 337]

A. Unless respondent is notified otherwise no less than 72 hours prior to the beginning of the hearing, the order of proceedings shall be as follows:

1. the board's representative makes an opening statement of what he intends to prove, and what action is sought from the board;

2. the respondent or his attorney makes an opening statement, explaining why he believes that the charges against respondent are not legally founded;

3. the board's representative presents the evidence against the respondent;

a. which evidence may include, but is not limited to, all evidence admissible pursuant to R.S. 49:956(2) and (3);

b. as part of the boards case in chief, the boards representative may call the respondent under cross examination;

4. the respondent or his attorney cross examines;

5. the respondent presents evidence;

a. which evidence may include, but is not limited to, all evidence admissible pursuant to R.S. 49:956(2) and (3);

6. the board's representative cross examines;

7. the board's representative rebuts the respondent's evidence;

8. the respondent surrebuts the evidence against him;

9. each party makes closing statements. The board's representative makes the initial closing statement and the final statement; and

10. motions may be made before, during, or after a hearing. All motions shall be made at an appropriate time, according to the nature of the request. Motions made before a hearing or after the hearing pursuant to §396, shall be in writing. Those made during the course of the hearing may be made orally since they become part of the record of the proceeding.

La. Admin. Code tit. 46, § LIV-392

Promulgated by the Department of Health and Hospitals, Board of Physical Therapy Examiners, LR 15:391 (May 1989), LR 19:208 (February 1993), amended by the Physical Therapy Board, LR 37:3062 (October 2011), Amended by the Department of Health, Physical Therapy Board, LR 442188 (12/1/2018), Amended by LR 471139 (8/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2405(B)(10) and Act 535 of 2009.