La. Admin. Code tit. 46 § LXVI-711

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

Section LXVI-711 - Appeal of Board Decision

A. A petition by a party for reconsideration of hearing must be in writing and filed with the board within 10 days after the receipt of the board's final decision. The petition must set forth the grounds for the rehearing which must be one of the following.

1. The board's decision is clearly contrary to the law and the evidence.

2. There is newly discovered evidence, which was not available to the licensee at the time of the hearing and which may be sufficient to reverse the board's action.

3. There is a showing that issues not previously considered ought to be examined in order to dispose of the case properly.

4. It would be in the public interest to further consider the issues and the evidence.

B. If a petition for reconsideration is denied, a party may proceed to seek judicial review of the decision.

C. Judicial review may be initiated by filing a petition in the appropriate district court within 30 days after mailing of notice of the final decision of the hearing or rehearing.

La. Admin. Code tit. 46, § LXVI-711

Promulgated by the Department of Health and Human Resources, Radiologic Technology Board of Examiners, LR 11:872 (September 1985).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3207.