La. Admin. Code tit. 46 § XXXV-1705

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

Section XXXV-1705 - Conduct of an Informal Inquiry/Hearing

A. Informal Inquiry (Non-Adversarial) Procedures

1. The licensee shall be provided adequate prior notice of the informal inquiry and possible hearing of the issues to be discussed. Adequate notice includes:

a. informing the licensee in writing that a complaint has been filed;

b. a short and plain statement of the nature of the complaint;

c. a reference to the particular sections of the statutes, rules, and/or ethical standards of the board which appear to have been involved;

d. copies of the law and the rules and regulations of the board; and

e. a request for the licensee's cooperation in obtaining a full understanding of the circumstances which led to the allegation.

2. The licensee is requested to provide, within 30 days, a written statement providing the licensee's statement of opinion, comments, discussion and/or position which is the subject of the complaint so that the board may be cognizant of all relevant aspects of the case.

3. Evaluating the Findings of the Informal Inquiry. Upon receipt of a reply from the licensee, the board shall review the information and determine if a violation may have occurred, and if so, what standard(s) have been violated.

a. If the determination of the board is that the issues raised by the complainant would constitute a violation of standards, the board shall then determine whether:

i. further investigation by correspondence is indicated;

ii. further investigation by an informative hearing is indicated; or

iii. institution of formal hearing procedures is indicated.

B. Informal Hearing Procedures

1. The board shall conduct informal hearings in executive session in accordance with R.S. 42:6 and 42:6.1:

a. to discuss the character, professional competence or physical and mental health of a licensee;

b. investigative proceedings regarding allegations of misconduct;

c. witnesses may be called, but are not placed under oath and no subpoenas are issued;

d. statements made at the informal hearing may not be introduced at a formal hearing unless all parties consent; and

e. no transcript of the informal hearing is made.

C. Evaluating the Findings of the Informal Hearing

1. If the board decides that the subject of the complaint is a violation of the standards, and the disciplinary proceedings are warranted, the board shall then determine whether:

a. the violation merits informal disposition; or

b. a formal hearing will be held.

2. The board, in determining for informal disposition, shall order actions such as:

a. a resolution settlement between the person making the complaint and the licensee. This settlement shall be written, signed by the licensee and the complainant and submitted to the board within 30 days of the informal hearing;

b. a consent order describing the disciplinary action which will be taken. A consent order shall be signed by the licensee, the chairman and the vice-chairman of the board.

D. Refusal to Respond or Cooperate with the Board

1. If the licensee does not respond to the original inquiry within 30 days, a follow-up letter shall be sent to the licensee by registered or certified mail, return receipt requested.

2. If the licensee refuses to reply to the board's inquiry or otherwise cooperate with the board, the board shall continue its investigation. The board shall record the circumstances of the licensee's failure to cooperate and shall inform the licensee that the lack of cooperation may result in action which could eventually lead to suspension or revocation of license, or other appropriate legal action under the law.

La. Admin. Code tit. 46, § XXXV-1705

Promulgated by the Department of Health and Hospitals, Board of Electrolysis Examiners, LR 17:778 (August 1991), repromulgated LR 19:1144 (September 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3051.