reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9923 - Evidence; Burden of Proof

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  an adjudication hearing, the board, or the designated hearing panel thereof,
				  may give probative effect to evidence which possesses probative value commonly
				  accepted by reasonably prudent men in the conduct of their affairs. Effect
				  shall be given to the rules of privilege recognized by law. The board or panel
				  may exclude incompetent, irrelevant, immaterial, and unduly repetitious
				  evidence. Objections to evidentiary offers may be made and shall be noted in
				  the record. Subject to these requirements, when a hearing will be expedited and
				  the interests of the parties will not be prejudiced substantially, any part of
				  the evidence may be received in written form.
B. All evidence, including records and
				  documents in the possession of the board which complaint counsel desires the
				  board to consider, shall be offered and made a part of the record, and all such
				  documentary evidence may be received in the form of copies or excerpts, or by
				  incorporation by reference. In case of incorporation by reference, the
				  materials so incorporated shall be available for examination by the respondent
				  before being received in evidence.
C. Notice may be taken of judicially
				  cognizable facts and of generally recognized technical or scientific facts
				  within the board's medical knowledge. Parties shall be notified either before
				  or during the hearing of the material noticed or sought by a party to be
				  noticed, and they shall be afforded an opportunity to contest the material so
				  noticed. The board's medical experience, technical competence, and medical
				  knowledge may be utilized in the evaluation of the evidence.
D. Any member of the board serving as
				  presiding officer in adjudication hearing shall have the power to and shall
				  administer oaths or affirmations to all witnesses appearing to give testimony,
				  shall regulate the course of the hearing, set the time and place of continued
				  hearings, fix the time for the filing of briefs and other documents, if any are
				  required or requested, and may direct the parties to appear and confer to
				  consider simplification of the issues.
E. Except as otherwise governed by the
				  provisions of these rules, adjudication hearings before the board shall be
				  governed by the Louisiana Code of Evidence, insofar as the same may be
				  applied.
F. Burden of Proof. Any
				  final decision of the board shall be supported by a preponderance of the
				  evidence presented during the administrative hearing.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9925 - Informal Disposition [Repealed]

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9927 - Decisions; Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. The final
				  decision of the board in an adjudication proceeding shall, if adverse to the
				  respondent, and otherwise may be, in writing, shall include findings of fact
				  and conclusions of law, and shall be signed by the presiding officer of the
				  hearing panel on behalf and in the name of the board.
B. Upon issuance of a final decision, a
				  certified copy thereof shall promptly be served upon respondent's counsel of
				  record, or upon respondent personally in the absence of counsel, in the same
				  manner of service prescribed with respect to service of complaints.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9929 - Rehearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A decision by
				  the board in a case of adjudication shall be subject to rehearing, reopening,
				  or reconsideration by the board pursuant to written motion filed with the board
				  within 10 days from service of the decision on respondent. A motion for
				  rehearing, reopening, or reconsideration shall be made and served in the form
				  and manner prescribed by
				  §9909 and shall set forth the grounds
				  upon which such motion is based, as provided by §9929 B
B. The board may grant rehearing, reopening,
				  or reconsideration if it is shown that:
1.
				  the decision is clearly contrary to the law and the evidence;
2. the respondent has discovered since the
				  hearing evidence important to the issues which he or she could not have with
				  due diligence obtained before or during the hearing;
3. other issues not previously considered
				  ought to be examined in order properly to dispose of the matter; or
4. there exists other good grounds for
				  further consideration of the issues and the evidence in the public
				  interest.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9931 - Emergency Action

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  board, acting through its president or another member designated by the
				  president, finds that the public health, safety, and welfare requires emergency
				  action and a finding to that effect is incorporated in its order, summary
				  suspension of a license, permit, certificate or registration may be ordered
				  pursuant to
				  R.S.
				  49:961(C), pending
				  proceedings for revocation or other action. Such proceedings shall be promptly
				  instituted and determined pursuant to this Chapter.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1261-1292,
					 37:1270.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11101 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
				  this Chapter prescribe the procedures governing the investigation of
				  complaints, reports, and information evidencing legal cause under the Louisiana
				  Clinical Laboratory Personnel law for the suspension, revocation, imposition of
				  probation on, or other disciplinary action against persons holding licenses,
				  certifications, or permits under the Louisiana Clinical Laboratory Personnel
				  law and the initiation of formal enforcement proceedings and adjudication of
				  administrative complaints by the Clinical Laboratory Personnel Committee and
				  the Louisiana State Board of Medical Examiners.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				  Chapter, the following terms shall have the meanings specified.
Board
- the Louisiana State Board of
					 Medical Examiners.
Committee
- the Clinical Laboratory
					 Personnel Committee to the Louisiana State Board of Medical Examiners, as
					 established and constituted under
					 R.S.
					 37:1314.
Law
- the Louisiana Clinical Laboratory
					 Personnel Law, R.S. 37:1311-1329, as the same may be amended hereafter.
Licensee
- a person who holds a license,
					 certification, or permit issued by the board, on the recommendation of the
					 committee, under the law.
Respondent
- a licensee who has been named
					 in an administrative complaint filed with the committee, alleging cause under
					 the law for revocation, suspension, or the imposition of probation on the
					 license, certification, or permit of the licensee.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11105 - Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of
				  information, by complaint, report, or otherwise coming to its attention, which,
				  if established as true, would constitute legal cause under the law for the
				  revocation, suspension, or the imposition of probation on the license,
				  certification, or permit of a licensee, the committee may designate one or more
				  of its members, employees, or agents as "investigating officers," to conduct
				  such investigation or inquiry as they may deem appropriate to determine whether
				  there is probable cause to initiate formal administrative proceedings against
				  the subject licensee. To obtain evidence of violations of the law or otherwise
				  to aid in an investigation, investigating officers may request that the board
				  issue and serve investigative subpoenas to obtain documents or sworn testimony
				  by deposition.
B. Except to the
				  extent that disclosure of an investigation to the subject licensee would, in
				  the judgment of the investigating officers, prejudice the investigation, notice
				  of the initiation and pendency of an investigation, stating the nature and
				  basis of the information prompting the investigation, shall promptly be given
				  in writing to the subject licensee, who shall be requested and given an
				  opportunity to respond to the complaint or other information giving rise to the
				  investigation.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11107 - Disposition of Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. If,
				  having conducted an investigation, the investigating officers determine that
				  there is probable cause to believe that a licensee has engaged or is engaging
				  in conduct, acts or omissions constituting legal cause under the law for the
				  revocation, suspension, or the imposition of probation on the license,
				  certification, or permit of the subject licensee, the investigating officers
				  shall file with the committee an administrative complaint against the licensee
				  pursuant to §11109 Before filing an administrative complaint with the
				  committee, the investigating officers shall give notice by mail to the subject
				  licensee of the intent to file an administrative complaint, including a copy of
				  the proposed complaint or statement of the facts or conduct which the
				  investigating officers believe warrant the initiation of enforcement
				  proceedings by administrative complaint, and the licensee shall be given a
				  reasonable opportunity to show compliance with all lawful requirements for the
				  retention of licensure and to persuade the investigating officers that an
				  administrative complaint is not justified or warranted.
B. If, having conducted an investigation, the
				  investigating officers determine that there is insufficient evidence to
				  establish legal cause for formal action by the committee, the investigating
				  officers may recommend to the committee that the investigation be dismissed or
				  concluded without formal action.
C.
				  Investigating officers may also recommend that an investigation be concluded or
				  otherwise disposed of pursuant to consent order or other informal disposition
				  which has been agreed to in writing by the licensee.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11109 - Complaint

Current through Register Vol. 50, No. 6, June 20, 2024
A. Proceedings to
				  adjudicate an administrative enforcement action shall be initiated by the
				  filing of a written administrative complaint with the committee. The complaint
				  shall be signed by investigating officers appointed and designated by the
				  committee with respect to the subject matter of the complaint and shall name
				  the accused licensee as respondent in the proceedings.
B. The complaint shall set forth, in
				  separately numbered paragraphs, a concise statement of the material facts and
				  matters alleged and to be proven by the investigating officers including the
				  facts giving rise the committee's jurisdiction over the respondent, the facts
				  constituting legal cause under law for administrative action against the
				  respondent, and the statutory or regulatory provisions alleged to have been
				  violated by respondent. The complaint shall conclude with a request for the
				  administrative sanction or other relief sought by the investigating officers
				  and shall bear the name, address, and telephone number of complaint counsel, if
				  any, engaged by the committee to present the case at evidentiary hearing before
				  the committee. The complaint shall also contain the certificate of the
				  investigating officer that the requirements of §11107. A of these rules and of
				  R.S.
				  37:916.C have been satisfied.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11111 - Notice of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the
				  filing of an administrative complaint pursuant to §11109, the committee shall
				  docket the complaint and schedule the complaint for hearing before the
				  committee not less than 45 days nor more than 180 days thereafter; provided,
				  however, that such time may be lengthened or shortened as the committee
				  determines may be necessary or appropriate to protect the public interest or
				  upon motion of the investigating officer or respondent pursuant to a showing of
				  proper grounds. In the event that the respondent's license, permit,
				  certification, or registration has been suspended by the board pending hearing
				  on the recommendation of the committee, pursuant to
				  R.S.
				  49:961.C, evidentiary hearing on the
				  complaint shall be noticed and scheduled not more than 45 days after the filing
				  of the complaint.
B. A written
				  notice of the complaint and the time, date, and place of the scheduled hearing
				  thereon shall be served upon the respondent by registered,
				  return-receipt-requested mail, as well as by regular first class mail, at the
				  most current address for the respondent reflected in the official records of
				  the committee, or by personal delivery of the complaint to the respondent. The
				  notice shall include a statement of the legal authority and jurisdiction under
				  which the hearing is to be held and shall be accompanied by a certified copy of
				  the administrative complaint.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11113 - Response to Complaint; Notice of Representation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 15 days of service of the
				  complaint, or such longer time as the committee, on motion of the respondent,
				  may permit, the respondent may answer the complaint, admitting or denying each
				  of the separate allegations of fact and of law set forth therein. Any matters
				  admitted by respondent shall be deemed proven and established for purposes of
				  adjudication. In the event that respondent does not file a response to the
				  complaint, all matters asserted therein shall be deemed denied.
B. Any respondent may be represented in an
				  adjudication proceeding before the committee by an attorney at law duly
				  admitted to practice in any state. Upon receipt of service of a complaint
				  pursuant to this Chapter, or thereafter, a respondent who is represented by
				  legal counsel with respect to the proceeding shall, personally or through such
				  counsel, give written notice to the committee of the name, address, and
				  telephone number of such counsel. Following receipt of proper notice of
				  representation, all further notices, complaints, subpoenas, orders, or other
				  process related to the proceeding shall be served on respondent though his or
				  her designated counsel of record.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11115 - Pleadings, Motions ; Service

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  All pleadings, motions, or other papers permitted or required to be filed with
				  the committee in connection with a pending adjudication proceeding shall be
				  filed by personal delivery at or by mail to the office of the committee and
				  shall by the same method of delivery be concurrently served upon complaint
				  counsel designated by the complaint, if filed by or on behalf of respondent, or
				  upon respondent, through counsel of record, if any, if filed by complaint
				  counsel.
B. All such pleadings,
				  motions, or other papers shall be submitted on plain white, letter-size (8 1/2
				  by 11 inches) bond, with margins of at least one inch on all sides and text
				  double-spaced except as to quotations and other matter customarily
				  single-spaced, shall bear the caption and docket number of the case as it
				  appears on the complaint and shall include the certificate of the attorney or
				  person making the filing that service of a copy of the same has been effected
				  in the manner prescribed by §11115 A
C. The committee may refuse to accept for
				  filing any pleading, motion, or other paper not conforming to the requirements
				  of this Section.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11117 - Prehearing Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Motions for
				  continuance of hearing, for dismissal of the proceeding and all other
				  prehearing motions shall be filed not later than 30 days following service of
				  the complaint on the respondent or 15 days prior to the hearing, whichever is
				  earlier. Each prehearing motion shall be accompanied by a memorandum which
				  shall set forth a concise statement of the grounds upon which the relief sought
				  is based and the legal authority therefor. A motion may be accompanied by an
				  affidavit as necessary to establish facts alleged in support of the motion.
				  Within 10 days of the filing of any such motion and memorandum or such shorter
				  time as the committee may order, the investigating officers, through complaint
				  counsel, may file a memorandum in opposition to or otherwise setting forth the
				  investigating officers' position with respect to the motion.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11119 - Motions for Continuance of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. A motion for continuance of hearing shall
				  be filed within the delay prescribed by
				  §11117 of these rules, provided that
				  the committee may accept the filing of a motion for continuance at any time
				  prior to hearing upon a showing of good cause not discoverable within the time
				  otherwise provided for the filing of prehearing motions.
B. A scheduled hearing may be continued by
				  the committee only upon a showing by respondent or complaint counsel that there
				  are substantial legitimate grounds that the hearing should be continued
				  balancing the right of the respondent to a reasonable opportunity to prepare
				  and present a defense to the complaint and the committee's responsibility to
				  protect the public health, welfare, and safety. Except in extraordinary
				  circumstances evidenced by verified motion or accompanying affidavit, the
				  committee will not ordinarily grant a motion to continue a hearing that has
				  been previously continued upon motion of the same party.
C. If an initial motion for continuance is
				  not opposed, it may be granted by the investigating officers.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11121 - Disposition of Prehearing Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any prehearing motion, other than an
				  unopposed initial motion for continuance of hearing which may be granted by the
				  investigating officers, shall be referred for decision to the presiding officer
				  of the hearing panel designated with respect to the proceeding for ruling. The
				  presiding officer, in his discretion, may refer any prehearing motion to the
				  entire panel for disposition, and any party aggrieved by the decision of a
				  presiding officer on a prehearing motion may request that the motion be
				  reconsidered by the entire panel.
B. Prehearing motions shall ordinarily be
				  ruled upon by the presiding officer or the hearing panel, as the case may be,
				  on the papers filed, without hearing. On the written request of respondent or
				  of complaint counsel, however, and on demonstration that there are good grounds
				  therefor, the presiding officer may grant opportunity for hearing, by oral
				  argument, on any prehearing motion.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11123 - Subpoenas for Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				  request of the respondent or complaint counsel and compliance with the
				  requirements of this Section, the executive director of the board shall sign
				  and issue subpoenas in the name of the board requiring the attendance and
				  giving of testimony by witnesses and the production of books, papers, and other
				  documentary evidence at an adjudication hearing.
B. No subpoena shall be issued unless and
				  until the party who wishes to subpoena the witness first deposits with the
				  board a sum of money sufficient to pay all fees and expenses to which a witness
				  in a civil case is entitled pursuant to
				  R.S.
				  13:3661 and
				  R.S.
				  13:3671. Witnesses subpoenaed to testify
				  before the committee only to an opinion founded on special study or experience
				  in any branch of science, or to make scientific or professional examinations,
				  and to state the results thereof, shall receive such additional compensation
				  from the party who wishes to subpoena such witnesses as may be fixed by the
				  committee with reference to the value of the time employed and the degree of
				  learning or skill required.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11125 - Prehearing Conference

Current through Register Vol. 50, No. 6, June 20, 2024
A. In any
				  case of adjudication noticed and docketed for hearing, counsel for respondent
				  and complaint counsel may agree, or the presiding officer may require, that a
				  prehearing conference be held among such counsel, or together with the
				  committee's independent counsel appointed pursuant to §11127. D hereof, for the
				  purpose of simplifying the issues for hearing and promoting stipulations as to
				  facts and proposed evidentiary offerings which will not be disputed at
				  hearing.
B. Following such
				  prehearing conference the parties shall, and without such conference the
				  parties may by agreement, agree in writing on a prehearing stipulation which
				  should include:
1. a brief statement by
				  complaint counsel as to what such counsel expects the evidence to be presented
				  against respondent to show;
2. a
				  brief statement by respondent as to what the evidence and arguments in defense
				  are expected to show;
3. a list of
				  the witnesses to be called by complaint counsel and by respondent, together
				  with a brief general statement of the nature of testimony each such witness is
				  expected to give;
4. any
				  stipulations which the parties may be able to agree upon concerning undisputed
				  claims, facts, testimony, documents, or issues; and
5. an estimate of the time required for the
				  hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11127 - Conduct of Hearing; Record

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Unless requested by the respondent, adjudication hearings shall be conducted in
				  closed session.
B. At an
				  adjudication hearing, opportunity shall be afforded to complaint counsel and
				  respondent to present evidence on all issues of fact and argument on all issues
				  of law and policy involved, to call, examine, and cross-examine witnesses, and
				  to offer and introduce documentary evidence and exhibits as may be required for
				  a full and true disclosure of the facts and disposition of the
				  complaint.
C. Unless stipulation is
				  made between the parties, and approved by the hearing panel, providing for
				  other means of recordation, all testimony and other proceedings of an
				  adjudication shall be recorded by a certified stenographer who shall be
				  retained by the board to prepare a written transcript of such
				  proceedings.
D. During evidentiary
				  hearing, the presiding officer shall rule upon all evidentiary objections and
				  other procedural questions, but in his discretion may consult with the entire
				  panel in executive session. At any such hearing, the committee may be assisted
				  by legal counsel, retained by the committee for such purpose, who is
				  independent of complaint counsel and who has not participated in the
				  investigation or prosecution of the case. If the committee or panel is attended
				  by such counsel, the presiding officer may delegate to such counsel ruling on
				  evidentiary objections and other procedural issues raised during the
				  hearing.
E. The record in a case of
				  adjudication shall include:
1. the
				  administrative complaint and notice of hearing, respondent's response to the
				  complaint, if any, subpoenas issued in connection with discovery in the case or
				  hearing of the adjudication, and all pleadings, motions, and intermediate
				  rulings;
2. evidence received or
				  considered at the hearing;
3.
				  statement of matters officially noticed except matters so obvious that
				  statement of them would serve no useful purpose;
4. offers of proof, objections, and rulings
				  thereon;
5. proposed findings and
				  exceptions, if any;
6. the
				  decision, opinion, report, or other disposition of the case made by the
				  committee.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11129 - Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. In an
				  adjudication hearing, the committee, or the designated hearing panel thereof,
				  may give probative effect to evidence which possesses probative value commonly
				  accepted by reasonably prudent men in the conduct of their affairs. Effect
				  shall be given to the rules of privilege recognized by law. The committee or
				  panel may exclude incompetent, irrelevant, immaterial, and unduly repetitious
				  evidence. Objections to evidentiary offers may be made and shall be noted in
				  the record. Subject to these requirements, when a hearing will be expedited and
				  the interests of the parties will not be prejudiced substantially, any part of
				  the evidence may be received in written form.
B. All evidence, including records and
				  documents in the possession of the committee which complaint counsel desires
				  the committee to consider, shall be offered and made a part of the record, and
				  all such documentary evidence may be received in the form of copies or
				  excerpts, or by incorporation by reference. In case of incorporation by
				  reference, the materials so incorporated shall be available for examination by
				  the respondent before being received in evidence.
C. Notice may be taken of judicially
				  cognizable facts and of generally recognized technical or scientific facts
				  within the committee's professional knowledge. Parties shall be notified either
				  before or during the hearing of the material noticed or sought by a party to be
				  noticed, and they shall be afforded an opportunity to contest the material so
				  noticed. The committee's professional experience, technical competence, and
				  knowledge may be utilized in the evaluation of the evidence.
D. Any member of the committee serving as
				  presiding officer in an adjudication hearing shall have the power to and shall
				  administer oaths or affirmations to all witnesses appearing to give testimony,
				  shall regulate the course of the hearing, set the time and place for continued
				  hearings, fix the time for the filing of briefs and other documents, if any are
				  required or requested, and may direct the parties to appear and confer to
				  consider simplification of the issues.
E. Except as otherwise governed by the
				  provisions of these rules, adjudication hearings before the committee shall be
				  governed by the Louisiana Code of Evidence, insofar as the same may be
				  applied.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11131 - Informal Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  committee may recommend to the board an informal disposition, by default,
				  consent order, agreement, settlement, or otherwise of any adjudication pending
				  before it. A consent order shall be considered by the committee only upon the
				  recommendation of the investigating officers.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11133 - Recommended Decisions; Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The recommended decision of the committee in an adjudication proceeding shall
				  be set forth in writing, shall include findings of fact and conclusions of law,
				  and shall be signed by the presiding officer of the hearing panel on behalf and
				  in the name of the committee.
B.
				  Upon issuance of a recommended decision, a certified copy thereof shall
				  promptly be served upon respondent's counsel of record, or upon respondent
				  personally in the absence of counsel, in the same manner of service prescribed
				  with respect to service of complaints.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11135 - Rehearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. A recommended
				  decision by the committee in a case of adjudication shall be subject to
				  rehearing, reopening, or reconsideration by the committee pursuant to written
				  motion filed with the committee within 10 days from service of the recommended
				  decision on respondent. A motion for rehearing, reopening, or reconsideration
				  shall be made and served in the form and manner prescribed by
				  §11115 and shall set forth the grounds
				  upon which such motion is based, as provided by §11135 B
B. The committee may grant rehearing,
				  reopening, or reconsideration if it is shown that:
1. the recommended decision is clearly
				  contrary to the law and the evidence;
2. the respondent has discovered since the
				  hearing evidence important to the issues which he or she could not have with
				  due diligence obtained before or during the hearing;
3. other issues not previously considered
				  ought to be examined in order properly to dispose of the matter; or
4. there exists other good grounds for
				  further consideration of the issues and the evidence in the public
				  interest.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11137 - Effect of Recommended Decision; Appeal to Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. A recommended decision of the committee
				  shall be adopted by the board and become final and effective, subject to appeal
				  as hereinafter provided, 20 days after the date of its service on the
				  respondent if no rehearing has been sought or 20 days after the committee
				  issues its decision following a timely request for rehearing or
				  reconsideration, whichever is later.
B. A recommended decision of the committee
				  which is timely appealed shall not become effective as to the respondent until
				  such recommended decision is adopted by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11139 - Appeal of Recommended Decision

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  A respondent may appeal a recommended decision of the committee by giving
				  written notice of intent to appeal to the board, the committee, and the
				  investigating officers prior to the date on which such recommended decision
				  would become final pursuant to §11137 A
B. Upon receipt of a notice of appeal, the
				  committee shall promptly transmit to the board the entire hearing
				  record.
C. Following service of
				  notice of appeal, on such date as may be designated by the board, the
				  respondent and the investigating officers shall appear before the board, in
				  person or through legal counsel and/or other representative, and shall be
				  entitled to make such relevant representations and arguments as they deem
				  appropriate.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11141 - Conduct of Appeal before Board

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  A respondent who fails without good cause, as determined by the board, to
				  appear and proceed at appeal proceedings shall be deemed to have waived his
				  right to appeal.
B. Appeal of a
				  recommended decision of the committee shall be confined to the record of the
				  hearing and the issues addressed and determined therein.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11143 - Decision by Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				  shall adopt the recommended decision of the committee as its own if the
				  respondent has not appealed such decision.
B. Upon appeal of a recommended decision of
				  the committee, the board shall consider the entire hearing record together with
				  the representations and arguments made before it by the respondent and the
				  investigating officers and render its decision thereon as soon as practicable
				  following conclusion of the appeal proceedings.
C. The board may affirm and adopt, reverse,
				  or modify and adopt the recommended decision of the committee.
D. The decision of the board shall be given
				  in writing, including a statement of the basis and reasons for the decision,
				  dated and subscribed by the president of the board or other presiding officer.
				  A copy of the decision shall be served on the respondent by certified mail,
				  return-receipt-requested, and delivered to the investigating officers and the
				  committee.
E. The decision of the
				  board shall become final and effective 10 days after the date of its service on
				  the respondent, subject to reconsideration by the board as hereinafter
				  provided.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 37:1311-1329 and
					 37:1270(A)(5).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 111 - Clinical Laboratory Personnel › Section XLV-11145 - Reconsideration on Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  decision by the board pursuant to a recommended decision by the committee in a
				  case of adjudication shall be subject to reconsideration by the board pursuant
				  to written motion filed with the board within 10 days from service of the
				  board's decision on respondent. A motion for reconsideration shall be made and
				  served in the form and manner prescribed by
				  §11115 and shall set forth the grounds
				  upon which such motion is based, as provided by §11145 B
B. The board may grant reconsideration if it
				  is shown that:
1. the decision is clearly
				  contrary to the law and the evidence;
2. other issues not previously considered
				  ought to be examined in order properly to dispose of the matter; or
3. there exists other good grounds for
				  further consideration of the issues and the evidence in the public
				  interest.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLVI - Notaries Public › Chapter 1 - Notaries Public › Section XLVI-101 - Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any resident
				citizen or alien of the state, 18 years of age or older, may be appointed a
				notary public in and for the parish in which he resides provided that he/she
				meets the requirements established by
				R.S.
				35:191(C).
B. The applicant is required to complete an
				application to qualify form requiring the applicant to:
1. be a citizen or resident alien of the
				state;
2. be 18 years of age or
				older;
3. be registered to vote in
				the parish in which he seeks commission;
4. attest to his good moral character,
				integrity and sober habits;
5. must
				not be under an order of interdiction or is incapable of serving because of
				mental infirmity; and
6. must not
				have been convicted of a felony or has been pardoned if convicted.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLVI - Notaries Public › Chapter 1 - Notaries Public › Section XLVI-103 - Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. notary applicant
				must be qualified by the notary division in the office of the secretary of
				state and must take and pass the Louisiana state notary examination (referred
				to as "notary exam"), unless the applicant is licensed to practice law in
				Louisiana.
B. The applicant must
				complete an application to qualify form and send it to the notary division in
				the secretary of state's office. Once the application to qualify form has been
				approved by the secretary of state's office, the applicant can register to take
				the notary exam by:
1. registering online at
				the secretary of state's website using a credit card; or
2. completing the examination registration
				form and:
a. attaching a check or money order
				made payable to the secretary of state and mailing the examination registration
				form to the notary division; or
b.
				completing a credit card cover sheet and faxing or emailing the sheet with the
				examination registration form to the notary division.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLVI - Notaries Public › Chapter 1 - Notaries Public › Section XLVI-105 - Study Guide

Current through Register Vol. 50, No. 6, June 20, 2024
A. The official
				study guide for the notary exam is "The Fundamentals of Louisiana Notarial Law
				and Practice."
B. The cost to
				purchase the study guide is shown in
				§129 and is non-refundable.
C. The study guide can be purchased by:
1. ordering online at the secretary of
				state's website using a credit card;
2. completing an order form, attaching a
				check or money order made payable to the secretary of state, and mailing to the
				notary division;
3. completing an
				order form and providing a credit card number and faxing or emailing to the
				notary division; or
4. visiting the
				notary division's customer service counter at the secretary of state's office
				at 8585 Archives Drive, Baton Rouge, LA during office hours of 8 a.m. to 4:30
				p.m.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLVI - Notaries Public › Chapter 1 - Notaries Public › Section XLVI-107 - Courses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants are
				not required by law to take a course or instruction class in order for an
				applicant to take the notary exam.
B. Although the secretary of state does not
				recommend particular courses or instructors, the department does maintain a
				list of registered and bonded notary exam preparatory course
				providers.
C. All course providers,
				except an educational institution listed in
				R.S.
				35:191.4(D), shall annually
				post a bond guarantee by a commercial surety company licensed to do business in
				Louisiana with the secretary of state in the amount of $25,000.
D. Beginning February 8, 2015, all persons
				providing notary examination preparatory education and instruction must be a
				notary public with statewide notarial authority.
E. Each provider must submit an annual
				registration statement to the secretary of state on or before January 1 of each
				year on a form provided by the secretary of state. In addition, each provider
				shall submit a semiannual report to the secretary of state on or before June 30
				and December 31 listing the name and address of each person who received a
				course or courses of instruction or study from the provider for the training
				and instruction for the notary exam required by the secretary of state during
				the time covered by the report.
F.
				Pursuant to
				R.S.
				35:191.4(F)), if a provider
				does not submit an annual report or the annual report is not submitted timely,
				penalties may be imposed up to $1,000 for each day the provider is not in
				compliance with this section.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  35:191.4 and
				  R.S.
				  36:742.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLVI - Notaries Public › Chapter 1 - Notaries Public › Section XLVI-109 - Louisiana State Notary Public Examinations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The notary exams are given at regional
				testing centers throughout the state.
B. The examinee can elect to take the notary
				exam in a computer-testing format or a paper-and-pencil format.
C. The registration fee for the notary exam
				is shown in §129
D. Statewide
				standards for the notary exam are available on the secretary of state's website
				under the section notary division examinations. These standards include:
1. application procedures;
2. examination schedule;
3. examination format and content;
				and
4. procedures for review of any
				examination which was taken and was failed by the examinee.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLVI - Notaries Public › Chapter 1 - Notaries Public › Section XLVI-111 - Notary Commission

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once
				an applicant has taken and passed the notary exam, the following documents must
				be filed with the secretary of state's office along with the commission filing
				fee (see §129), in order to receive his notary commission;
1. two oaths of office forms, properly
				executed (one copy filed with secretary of state and one copy filed with parish
				clerk of court);
2. official
				signature page;
3. either of the
				following (exempt if an attorney):
a. surety
				bond or personal surety bond that has been approved by the parish clerk of
				court in the amount of $10,000; or
b. errors and omissions policy in the amount
				of $10,000; or
4. if an
				attorney, a certificate of good standing from the Louisiana Supreme Court (in
				lieu of bond or errors and omissions policy); and
5. commission filing fee (see §129) with a
				check or money order made payable to the secretary of state.