La. Admin. Code tit. 46 § LV-901

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

Section LV-901 - Revocation, Suspension and Probation Procedures

A. All adjudication proceedings initiated pursuant to R.S. 37:1378 and conducted by the board shall be in accordance with the Administrative Procedure Act, R.S. 49:955 et seq. The term licensee, as used in this Section, shall refer, where applicable, to the holder of a residential plumber, journeyman plumber, master plumber, gas fitter, master gas fitter, medical gas piping installer or medical gas and vacuum systems verifier license, and holder of a water supply protection specialist endorsement.

B. All proceedings calling for suspension, revocation or probation of a licensee shall begin with the receipt of a complaint by the board. This complaint shall be in writing and signed by the complainant, who shall be a person of the full age of majority.

C. The complaint shall be investigated by the executive director or a special enforcement officer under the direction of the board or executive director. The board may designate representatives of local governing authorities to investigate complaints.

D. The executive director shall conduct an informal conference with the licensee identified in the complaint. The purpose of this procedure shall be to afford the licensee the opportunity to review a summary of the evidence developed as a result of the investigation of the complaint as well as an opportunity to respond. If the executive director determines that the licensee has sufficiently proven the complaint to be without merit, he may recommend to the board that no further investigation be conducted. If the executive director determines after the informal hearing that the complaint has merit, he shall report his findings to the board. The informal hearing may be conducted by correspondence, if the licensee consents. If a conference with the executive director is requested, the licensee must make all reasonable efforts to cooperate with the executive director or designated representative in scheduling the time and place of the informal hearing.

E. Upon conclusion of the informal hearing procedure, a formal hearing shall be scheduled before the board or a hearing officer designated by the board. In the event the executive director recommends rejection of the complaint, the board shall review his findings and conclusions. The board may refuse the recommendation of the executive director and proceed with a formal hearing.

F. Formal hearing procedures shall be commenced by a formal notice of complaint outlining the charges against the licensee sent to the licensee at his last known address. It shall comport with the provisions of R.S. 49:955.B. This notice shall require a response by the licensee within 10 days. Upon written motion by the licensee or his attorney, the response time may be extended.

G. The licensee shall return his response to the complaint to the board within 10 days or within the extended time granted by the board. Failure to respond shall be deemed a waiver of his right to a hearing. In response, the licensee shall either deny or admit the allegations of the complaint and shall either request a hearing before the board or a designated hearing officer or waive his right to said hearing.

H. If the licensee waives his right to a hearing or does not respond in writing within the time allotted, the board or designated hearing officer shall decide the case forthwith. The board or designated hearing officer shall make specific findings of fact, conclusions of law. The hearing officer shall submit his findings and conclusions in the form of a recommendation to the board.

I. If the licensee responds and participates in a formal hearing, he shall be afforded the opportunity to present evidence and cross-examine witnesses. The testimony of the witnesses shall be transcribed. The hearing shall be conducted according to the Administrative Procedure Act. Prehearing discovery by any party may be permitted upon motion to the board. Subpoenas shall be issued in accordance with R.S. 49:956(5).

J. The board shall make a decision based on the evidence heard by it or the hearing officer's report and determine what sanctions if any should be imposed and issue an appropriate order with respect thereto. This order shall be served on the licensee.

K. Sanctions imposed by the board may include reprimand, probation, suspension, revocation or any combination thereof and, where applicable, reinstatement fees.

1. Reprimands may include a personal conference between the licensee and the executive director and/or a letter to the licensee regarding the incident or incidents which have been brought to the board's attention and which may or may not be determined to warrant a hearing.

2. Probation will include stipulations which may be imposed by the board as a result of the findings of facts developed at a formal hearing. The order shall clarify the obligations of the licensee through a specified period of time. A licensee who is placed on probation by the board may practice but only in accordance with the terms of his probation as established by the board. He may be required to certify to the board his compliance with the terms of probation from time to time as directed by the board.

3. Suspension

a. A license or license endorsement to practice plumbing, gas fitting, engage in the work of a water supply protection specialist and/or medical gas piping installer may be withheld by the board as a result of the findings of fact presented in a hearing. The duration of a suspension may be for a definite or indefinite period of time. A licensee or endorsement holder whose license or endorsement is suspended may not practice plumbing, gas fitting, the work of a water supply protection specialist and/or medical gas installer in the state of Louisiana during the designated period of suspension.

b. The definite time of suspension shall be stipulated by the board in the order to the licensee. Upon termination of the time period the licensee shall be entitled to receive his license upon payment of the required fee and upon documented compliance with the conditions which may have been imposed by the board at the time of the original order. The reinstatement fee shall not exceed the special enforcement fee under §305, §306, or §309

c. If a license is suspended for an indefinite term, the licensee may petition for reinstatement of his license only after one calendar year has lapsed from the date of the original order. The board may terminate the suspension and reinstate such license after a hearing is held and the board determines that the cause/causes for the suspension no longer exist or that intervening circumstances have altered the condition leading to the suspension. If reinstatement is granted the licensee shall pay the required reinstatement fee, which shall not exceed the amount established as the special enforcement fee under §305, §306, or §309

L. Revocation. A license or endorsement to practice plumbing, gas fitting, engage in the work of a water supply protection specialist and/or medical gas piping installer may be withdrawn by the board for any reason or ground permitted by R.S. 37:1378 or other law.

La. Admin. Code tit. 46, § LV-901

Adopted by the Department of Labor, Plumbing Board, 1968, amended and promulgated by the Department of Employment and Training, Plumbing Board, LR 17:55 (January 1991), amended by Department of Labor, Plumbing Board, LR 21:1352 (December 1995), LR 26:331 (February 2000), Amended by the Workforce Commission, Plumbing Board, LR 43549 (3/1/2017), Amended by the Workforce Commission, Plumbing Board, LR 43978 (5/1/2017), Amended LR 49921 (5/1/2023), Amended by the Workforce Commission, Plumbing Board, LR 501676 (11/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1366.D.