La. Admin. Code tit. 46 § XXXIX-903

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

Section XXXIX-903 - Revocation or Suspension of License

A. Ethics Committee's Procedure

1. Upon receipt of a valid written complaint, the Ethics Committee shall furnish to the accused party a copy of the written complaint, and shall request from the accused party a written answer to the said complaint.

2. In addition to the written answer of the accused party, the accused party shall also have the right to appear before the Ethics Committee in person to make any explanations or to give testimony in his defense.

3. After the Ethics Committee has investigated and considered the complaint, and if the committee is of the opinion that the complaint is justified and that disciplinary action is needed, it shall then file a written report of its findings of fact and opinion with the board.

4. If the committee is of the opinion that the complaint is not justified, then, in that event, it shall notify the complaining party and the accused party in writing of their decision.

B. Board's Procedure

1. Upon receipt of the written report from the Ethics Committee, the board shall consider the report and may additionally investigate the complaint.

2. After due consideration of the written complaint, the written answer to the complaint, if any, all evidence offered, the written report of the Ethics Committee, and any additional investigation by the board, the Louisiana Board for Hearing Aid Dealers may:

a. dismiss the complaint as unjustified;

b. take action under R.S. 37:2461 and/or R.S. 37:2462, in accordance with the decision of the board.

C. In the event that the board should seek the suspension or revocation of the license or temporary license of the accused party, the board shall:

1. set a time, date and location for a public hearing on the merits of the complaint;

2. notify the accused party of the time, date and location of such public hearing, in writing, and furnish him with the specific charges of the complaint at least 30 days before such hearing;

3. subpoena, compel the attendance and testimony of witnesses;

4. employ a public stenographer to transcribe all testimony adduced at the hearing;

5. any and all evidence and testimony relevant to the complaint may be presented to the board. The board will determine which evidence and testimony is relevant and make its consideration thereupon;

6. a majority of the board will preside;

7. obtain the services of legal counsel to assist the board at the hearing;

8. within 60 days after the hearing render its decision and reasons in writing, a copy of which is to be mailed to the complainant and the accused licensed hearing aid dealers.

La. Admin. Code tit. 46, § XXXIX-903

Adopted by the Department of Health and Human Resources, Board for Hearing Aid Dealers, July 1969, amended by the Department of Health and Hospitals, Board for Hearing Aid Dealers, LR 32:1049 (June 2006).

AUTHORITY NOTE: Adopted in accordance with R.S. 37:2453 and R.S. 37:2457.