La. Admin. Code tit. 46 § XLIX-1303

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

Section XLIX-1303 - Hearing Procedures

A. The board, the designated committee, or the hearing officer may hold a preliminary or formal hearing within 90 days of receipt of a written signed complaint. The board may receive the preliminary and/or formal hearing report at the following regularly scheduled or special meeting.

B. A copy of the charge, together with notice of the time and place of the formal hearing, shall be served on the accused at least 10 days before the date fixed for the hearing.

C. Where personal service cannot be effected and such fact is certified under oath by any person duly authorized to make legal service, the board shall cause to be published twice in each of two successive weeks, a notice of the formal hearing in a newspaper published in the parish in which the accused was last known to reside, and, on or before the date of the first publication. A copy of the charges and such notice shall be mailed to the accused at his last known address.

D. When publication of the notice is necessary, the date of the formal hearing shall be not less than 10 days after the last day of publication of the notice.

E. Upon receipt of a preliminary hearing report the board may:

1. dismiss the charges and take no action thereon, in which event the charges and the order dismissing the charges shall be filed with the board and all parties involved so notified; or

2. if the board decides that there shall be a formal hearing, the board, the designated committee, or the hearing officer shall determine the charges and set a time and place for a formal hearing to take place within 60 days.

F. Upon receipt of a formal hearing report the board may:

1. dismiss the charges and take no action thereon, in which event the charges and the order dismissing the charges shall be filed by the board and all parties involved so notified; or

2. if the board decides that the charges are valid, the board may dispose of the case as provided by law or regulation, or may take the case under advisement.

G. The board, in its discretion, may direct a rehearing or take additional evidence, and may rescind or affirm the prior determination after such rehearing, but nothing in the subdivision shall preclude appropriate relief under and pursuant to the laws of the state providing for the review of administrative determination by the courts of the state, as specifically outlined in R.S. 49:959.

La. Admin. Code tit. 46, § XLIX-1303

Adopted by the Department of Health and Human Resources, Board of Examiners of Nursing Home Administrators, April 1970, amended and promulgated LR 9:461 (July 1983), repealed and repromulgated by the Department of Health and Hospitals, Board of Examiners of Nursing Home Administrators LR 18:181 (February 1992).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2504, R.S. 37:2509 and R.S. 49:959.