La. Admin. Code tit. 46 § XXI-1305

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

Section XXI-1305 - Whistleblower Reporting

A. Purpose. The board requires that board members, committee members, employees, and contractors observe high ethical standards in the conduct of their duties and responsibilities and that they comply with all applicable laws and regulatory requirements, including, but not limited to, the Sherman Act, 15 U.S.C. § 1 et seq., Clayton Act, 15 U.S.C. § 12 et seq., and Federal Trade Commission Act, as amended, 15 U.S.C. § 41 et seq. (collectively the "Antitrust Laws"). The underlying purpose of this Section is to support the board's goal of legal compliance.

B. Reporting Responsibility. Any board member, committee member, employee, contractor, or member of the public may report concerns about possible fraudulent or dishonest conduct or violations of the antitrust laws or other laws and regulatory requirements. Concerns should be reported to the chair of the board or any officer of the board.

C. No Retaliation. The board will strive to protect a whistleblower from retaliation or reprisal. A board member or committee member who retaliates against someone who has reported a violation in good faith is subject to appropriate disciplinary action. An employee or contractor who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This Section is intended to encourage and enable persons to raise serious concerns with the board. Whistleblowers who believe that they have been retaliated against may submit a complaint to the chair or another officer of the board. Any complaint of retaliation will be investigated, and appropriate corrective measures will be taken if the allegation of retaliation is substantiated.

D. Requirement of Good Faith. Anyone making a complaint concerning a suspected violation of statutory or regulatory requirements must act in good faith. For the purpose of this Section, good faith means the complainant has reasonable grounds for believing that the information reported is true and indicates a violation and that the complaint has not been made out of malice, spite, jealousy, for personal gain, or for any other improper motive. The board will view any allegations that proves unsubstantiated and not made in good faith as a serious disciplinary offense.

E. Confidentiality. Reports of suspected violations and the investigations of those reports will be kept confidential to the extent possible and permitted by law, consistent with the need to conduct an adequate investigation, to take remedial action, or for other appropriate reasons.

F. Handling of Reported Violations. The board will acknowledge receipt of the reported violation to the complainant in writing. The board will make and maintain a record of its receipt of all reported violations. All reports will be investigated in a confidential manner, and appropriate corrective action will be taken if warranted by the investigation.

La. Admin. Code tit. 46, § XXI-1305

Promulgated by the Office of the Governor, Board of Examiners of Certified Shorthand Reporters, LR 501641 (11/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2553(A) and R.S. 37:2555(G).