Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVII - Real Estate › Subpart 2 - Appraisers › Chapter 105 - Investigations and Adjudicatory Proceedings › Section LXVII-10507 - Adjudicatory Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. As the
				  result of an investigation, when it appears that violations of the Louisiana
				  Real Estate Appraisers Law and/or rules and regulations of the board may have
				  been committed by a licensee or certificate holder, the violations may be
				  adjudicated through informal or formal adjudicatory proceedings.
1. Informal Adjudicatory Proceedings
a. The complaint may be concluded informally
				  without a public hearing on the recommendation of the hearing examiner and the
				  concurrence of the executive director.
b. An informal hearing may be conducted only
				  when there is an admission by the respondent that the violations(s) were
				  committed as alleged.
c. A
				  preliminary notice of adjudication shall be issued to advise the respondent of
				  the violation(s) alleged and to advise the respondent that the matter can be
				  resolved informally should the respondent desire to admit to committing the
				  act(s) specified and submits a written request that the matter be resolved
				  informally.
d. A hearing officer
				  shall be appointed by the executive director to conduct an informal hearing
				  with the respondent.
e. The
				  informal hearing shall be attended by the hearing examiner and, if necessary,
				  the case investigator, or in the absence of the case investigator, a designated
				  representative. The hearing examiner shall inform the hearing officer of the
				  administrative, jurisdictional, and other matters relevant to the
				  proceedings.
f. Following an
				  admission by the respondent that the violations were committed as alleged, the
				  hearing officer may enter into a recommended stipulations and consent order to
				  include the imposition of any sanctions authorized by the Louisiana Real Estate
				  Appraisers Law.
g. No evidence will
				  be presented, no witnesses will be called and no formal transcript of the
				  proceedings will be prepared by the board.
h. In the written document the respondent
				  must stipulate to having committed the act(s) in violation of the Louisiana
				  Real Estate Appraisers Law or the rules and regulations of the board, accept
				  the sanctions recommended by the hearing officer, and waive any rights to
				  request a rehearing, reopening, or reconsideration by the board, and the right
				  to judicial appeal of the consent order.
i. At the informal hearing, the respondent
				  shall admit to having committed the act(s) specified, accept the sanctions
				  recommended by the hearing officer, and waive the specified appellate rights,
				  or the alleged violations shall be referred to a formal adjudicatory
				  hearing.
j. If the respondent does
				  execute a stipulation and consent order, the executive director shall submit
				  the document to the board at the next regular meeting for approval and for
				  authorization to allow the executive director to execute the consent order in
				  the name of the board.
k. Any
				  consent order executed as a result of an informal hearing shall be effective on
				  the date approved by the board.
l.
				  The actions of the board relative to all consent orders shall be noted in the
				  minutes of the meeting at which the consent order is considered and
				  authorization is granted to the executive director to execute the order in the
				  name of the board.