La. Admin. Code tit. 46 § XXV-925

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

Section XXV-925 - Designation of Hearing Panel, Disqualification and Replacement

A. At the time the administrative complaint is docketed with the board or within 30 days thereafter, the board chairperson will designate five members of the board (one of whom may, but is not required to be, the board chairperson) to serve as the hearing panel for that complaint. The selected board panel members shall elect from the membership a person to serve as presiding officer. The presiding officer at the hearing may make rulings on objections and the admissibility of evidence, and will insure that the conduct of the hearing proceeds without delay and pursuant to law. The other panel members may not delegate any of their decision-making or fact-finding duties to the presiding officer, nor shall the presiding officer have any greater weight in the decision-making process.

B. In the event that a board member is disqualified or recused from a complaint or hearing, the board should immediately contact the governor to appoint a board member pro tem to replace the disqualified member for the complaint or hearing in progress only.

C. Any panel member having reason to believe that he or she is biased or prejudiced either for or against one of the parties to the proceeding, or who has a personal interest in the outcome, shall immediately notify the remaining board members and request to be disqualified. Likewise, any party to such a hearing or a compliance hearing as provided in §943, may file with the board a motion supported by an affidavit requesting disqualification because of bias, prejudice or personal interest. Motion for disqualification shall be filed with the board and the opposing party within 15 days following the notice of the composition of the hearing panel. Absent good cause shown, motions for disqualification filed more than 15 days following such notice will not be considered. As soon as possible, but not later than 10 calendar days preceding the beginning of the hearing, the majority of the hearing panel will consider the merits of the disqualification request and any opposition to that request filed by the opposing party. The concerned board member shall not participate in the action to disqualify and shall not vote on that issue. If the board hearing panel determines there is no merit to the request for disqualification, the board will proceed with the hearing before the designated panel. However, any doubt as to the merits of the request for disqualification should be resolved in favor of disqualification, and the board chairperson shall immediately appoint one of the remaining board members as the replacement to the hearing panel.

D. Ordinarily, the composition of a hearing panel is five members of the board. However, in the event that the respondent social worker and the assistant attorney general agree to a hearing panel of three board members, the chairperson may designate three of the five designated panel members to serve as the hearing panel. Any stipulation regarding a three-board-member hearing panel must be in writing and signed by the respondent and/or respondent's attorney and the attorney general. Such stipulation further provides that the three member hearing panel may completely adjudicate all issues specified in the complaint, render findings of fact, conclusions of law, decision and sanction, and that no appeal of any decision or sanction will be based on a challenge to the board's jurisdiction to adjudicate the matter with a three member hearing panel. Any such stipulation to a three-member hearing panel shall be delivered to the board at least 15 days prior to the scheduled hearing. The written stipulation shall be filed in the adjudication record and shall constitute a waiver of the application of and the need to comply with R.S. 49:957.

E. At least one member of the hearing panel including the panel members of a compliance hearing specified under §943 shall have the same social work credential as the respondent.

La. Admin. Code tit. 46, § XXV-925

Promulgated by the Department of Health and Hospitals, Board of Certified Social Work Examiners, LR 29:2394 (November 2003), amended LR 37:2622 (September 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2705.C.