La. Admin. Code tit. 46 § LXXXVI-1718

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

Section LXXXVI-1718 - Appeals

A. Decisions of the LLPVCR Ethics Committee that a licensee has violated the Code of Professional Ethics for Licensed Rehabilitation Counselors may be appealed by the LRC found to have been in violation based on one or more of the following grounds:

1. the committee violated its policies and procedures for processing complaints of ethical violations; and/or

2. the decision of the committee was arbitrary and capricious and was not supported by the materials provided by the complainant and the licensee.

B. After the LRC has received notification that he/she has been found in violation of one or more sections of the LLPVRC Code of Professional Ethics for Licensed Rehabilitation Counselors, he/she will be given 30 days from the date written notification is sent to notify the committee in writing via certified mail that he/she is appealing the decision.

C. An appeal must be in writing stating one or more grounds of appeal listed in Paragraphs A.1 and 2, and the reasons for the appeal.

D. The board chair will appoint a three person appeals panel consisting of at least one former board member, who is currently an LRC, with the balance of the licensees, none of whom served on the committee at the time the original decision was rendered. the board's attorney shall serve as legal advisor and have the privilege of the floor.

E. The three member appeals panel will be given copies of the materials available to the committee when it made its decision, a copy of the hearing transcript if a hearing was held, and a copy of the letter filed by the appealing licensee.

F. The decision of a majority of the members of the appeals panel shall be the final decision. The decision shall be rendered within a reasonable period of time.

G. The decision of the appeals panel may include one of the following.

1. The decision of the committee is upheld.

2. The decision of the committee is reversed and/or remanded with guidance to the committee for a new hearing. The reason for this action will be given in detail to the committee in writing.

H. When a committee decision is reversed and/or remanded, the complainant and the LRC will be informed in writing via certified mail and additional information may be requested. The committee will then render another decision after further hearing.

I. A decision of the appeals panel to uphold the committee decision is final.

La. Admin. Code tit. 46, § LXXXVI-1718

Promulgated by the Department of Health and Hospitals, Licensed Professional Vocational Rehabilitation Counselors Board of Examiners, LR 28:501 (March 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3441-3452 and 36:478.I.