Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 5 - Rules of Procedure › Chapter 99 - Adjudication › Section XLV-9935 - Assessment of Costs and Fines

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Assessment. As part of a decision, consent order, or other agreed order, the
				  board may require a respondent to pay all costs of the board proceedings. If
				  costs are assessed in a consent or other agreed order, the amount shall be
				  stated in the order.
B. Special
				  Definition.
Costs of the Proceedings-
for the purposes of this
				  rule, shall mean a reasonable charge to meet all obligations incurred by the
				  board in the performance of its duties, including but not limited to
				  investigators', stenographers', and attorney fees, witness fees and expenses,
				  and the per diem and expenses of the members of the board's hearing
				  panel.
C. Notice. Notice of the
				  application of this Section shall be provided to a respondent with the written
				  notice of filing of an administrative complaint, pursuant to 9905.
D. Timing; Content; Service; Scope and
				  Limitations; Exceptions and Requests for Modification; Disposition. Statements
				  of Costs shall be processed as follows:
1.
				  Timing. A statement of costs shall be compiled by the board within 20 days from
				  the date on which the board's decision is served on the respondent.
2. Content. A statement of costs must state
				  with particularity the nature and amount of the costs assessed. The statement
				  must be signed and certify that all reasonable attempts have been made to
				  ensure the statement's accuracy.
3.
				  Service. A statement of costs shall be served on respondent by regular and
				  certified mail at the last known address on file with the board not later than
				  20 days from the date on which the board's decision is served on the
				  respondent.
4. Scope and
				  Limitations. A statement of costs shall be assessed in any decision following
				  an administrative hearing, in which a respondent is found guilty of a violation
				  of a law or rule administered by the board. The statement shall include those
				  costs actually incurred by the board from the time of filing of an
				  administrative complaint until the issuance of a final decision or order;
				  provided, however, and except as provided below, that such costs shall not
				  exceed for a respondent:
a. physician, the sum
				  of $75,000;
b. allied health care
				  practitioner, as to whom the board is authorized by law to assess the costs of
				  the proceeding, the sum of $25,000.
5. Exceptions; Requests for Modification.
				  Within 20 days of the date of service of the statement of costs:
a. the respondent may file an exception to,
				  or submit a request for modification of, a statement of costs. Each such
				  exception or request shall be accompanied by a concise statement of the grounds
				  on which the exception or request is based and any supporting legal or other
				  authority. Within 10 days of such filing or submission, a response may be filed
				  by the complainant;
b. the
				  complainant may request an assessment of costs above the amounts specified
				  above. Such a request shall be made only when the complainant contends a
				  respondent unreasonably increased the costs of the proceedings by activities
				  undertaken to harass or create undue burden, or by the repetitive, unduly
				  burdensome, or unwarranted filing of meritless motions or discovery requests.
				  Within 10 days of the filing of such a request, a response may be filed by the
				  respondent.
6.
				  Disposition of Exceptions and Requests for Modification. Upon timely filing:
a. an exception or request shall be referred
				  to the presiding officer of the hearing panel with respect to the proceeding
				  for a ruling. The presiding officer, in his or her discretion, may refer an
				  exception or request to the entire hearing panel which considered the case for
				  disposition, and any party aggrieved by the ruling of a presiding officer may
				  request, within 10 days of receipt of the ruling, that the exception or request
				  be reconsidered by the entire panel which heard the case;
b. the matter shall be ordinarily be decided
				  on 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
				  complainant, however, and on demonstration that there are good grounds
				  therefor, the presiding officer may grant opportunity for hearing by oral
				  argument;
c. the president of the
				  board or presiding officer of the hearing panel, as the case may be, may
				  delegate the task of ruling on such exceptions or request to the board's
				  independent legal counsel appointed pursuant to §9921D, who is independent of
				  complaint counsel and who has not participated in the investigation or
				  prosecution of the case.