La. Admin. Code tit. 46 § XLV-9915

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

Section XLV-9915 - Disposition of Prehearing Motions

A. Any prehearing motion, other than an unopposed initial motion for continuance of hearing which may be granted by the executive director, shall be referred for decision to the presiding officer of the hearing panel designated with respect to the proceeding for ruling. The presiding officer, in his discretion, may refer any prehearing motion to the entire panel for disposition, and any party aggrieved by the decision of a presiding officer on a prehearing motion may request that the motion be reconsidered by the entire panel.

B. Prehearing motions shall ordinarily be ruled upon by the presiding officer or the hearing panel, as the case may be, on the papers filed, without hearing. On the written request of respondent or of complaint counsel, however, and on demonstration that there are good grounds therefor, the presiding officer may grant opportunity for hearing, by oral argument, on any prehearing motion.

C. The president of the board or presiding officer of the hearing panel, as the case may be, may delegate the task of ruling on prehearing motions to the boards independent legal counsel appointed pursuant to §9921D, who is independent of complaint counsel and who has not participated in the investigation or prosecution of the case.

La. Admin. Code tit. 46, § XLV-9915

Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 16:508 (June 1990), Amended LR 412630 (12/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1270(B).