La. Admin. Code tit. 46 § XXXV-1713

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

Section XXXV-1713 - Formal Hearing Procedures

A. Conduct of the Hearing

1. The members of the board shall be present for the hearing.

2. The hearing shall be conducted in accordance with the Administrative Procedure Act, R.S. 49:955-966.

a. Opportunity shall be afforded all parties to respond and present evidence on all facts relating to the issues involved; and opportunity for argument on all issues of law, fact and policy involved; and to conduct such cross-examination as may be required for a full and true disclosure of facts.

b. Objections to evidentiary offers shall be made at the time of the hearing and shall be noted in the record.

3. The hearing will be open to the public.

B. Order of Proceedings

1. The hearing officer calls the session to order, identifies the case, subject of the case and cites the authority for holding the hearing.

2. The hearing officer asks the parties to identify themselves and their counsel.

3. All testimony shall be given under oath, such oath to be administered by the hearing officer.

4. Customary orders of the proceedings should be followed at the discretion of the hearing officer.

C. Evidence

1. In determining the admissibility of evidence, the hearing officer must follow the rules governing administrative hearings in Louisiana.

2. Constitutional guarantees of due process and equal protection give the licensee a right to a decision based on evidence presented at the hearing or officially noted in the record.

La. Admin. Code tit. 46, § XXXV-1713

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.