La. Admin. Code tit. 46 § XXVII-535

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

Section XXVII-535 - Initiating the Process

A. The board initiates a formal hearing by issuing full notice of the hearing. A formal hearing may be the result of a complaint made by any manner specified in the informal procedures.

B. Once full notice of the formal hearing has been served, no board member or officially designated hearing officer may communicate with any party to a formal hearing or to that party's representative concerning any issue of fact or law involved in that formal hearing.

C. Full Notice

1. The written notice shall recite specific acts which the licensee is alleged to have committed and shall assert that those acts violate a statute or rule of the board.

2. Notice shall include:

a. a statement of the date, time, place and nature of the hearing;

b. a statement of the legal authority and jurisdiction under which the hearing is to be held;

c. a reference to the particular sections of the statutes, rules or ethical standards involved;

d. a short and plain statement of the matters asserted which shall be the subject of the hearing; and

e. a statement of the rights of the parties.

3. Notice shall be given to all parties 30 days in advance of the proceedings to allow a reasonable opportunity for preparation.

4. The notice shall be delivered by registered or certified mail, return receipt requested. If the licensee cannot be found by this or other reasonable methods, the board may hold a hearing in the licensee's absence.

NOTE: It is the licensee's obligation to keep the board informed of his/her whereabouts.

5. The content of the notice limits the scope of the hearing and of the evidence which may be introduced.

6. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.

D. Designation of Hearing Officer

1. The hearing officer is responsible for ensuring that the hearing is orderly and fair and that it progresses in an expeditious manner.

La. Admin. Code tit. 46, § XXVII-535

Promulgated by the Department of Health and Human Resources, Board of Chiropractic Examiners, LR 10:328 (April 1984), amended LR 13:345 (June 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2816.