Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIX - Nursing Facility Administrators › Chapter 13 - Complaints and Hearing Procedures › Section XLIX-1305 - Conduct of Formal Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. At
				any formal hearing conducted pursuant to these rules, any party to the
				proceedings may appear personally and with counsel and shall be given the
				opportunity to produce evidence and witnesses and to cross-examine
				witnesses.
B. At any formal hearing
				conducted pursuant to these rules, if a party shall appear without counsel, the
				board or person(s) designated as hearing officers or hearing officer shall
				advise such party of his right to be represented by counsel; and that, if he
				desires to proceed without counsel, he may call witnesses, cross-examine
				witnesses, and produce evidence in his behalf.
C. Appearances shall be noted on the official
				record of formal hearings.
D. The
				board, designated committee or hearing officer may grant adjournments upon
				request of any party to the proceedings, provided that an adjournment shall not
				be for any indefinite period of time, but shall be set down for a certain
				day.
E. If an adjournment is
				requested in advance of the formal hearing date, such request shall be
				submitted to the board in writing, and shall specify the reason for such
				request.
F. In considering an
				application for adjournment of a formal hearing the board, the designated
				committee, or hearing officer shall consider whether the purpose of the formal
				hearing will be affected or defeated by the granting of such
				adjournment.
G. The board,
				designated committee, or hearing officer shall issue subpoenas and subpoena
				duces tecum upon request of any party to the proceedings of any formal hearing
				set down by the board. No subpoena shall be issued until the party who wishes
				to subpoena the witnesses first deposits with the agency 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 an agency 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 witness as may be fixed by the agency
				with reference to the value of the time employed and the degree of learning of
				skill required. Whenever any person summoned under this Section neglects or
				refuses to obey such summons, or to produce books, papers, records, or other
				data, or to give testimony, as required, the agency may apply to the judge of
				the district court for the district within which the person so summoned resides
				or is found, for an attachment against him for contempt. It shall be the duty
				of the judge to hear the application and, if satisfactory proof is made, to
				issue an attachment, directed to some proper officer, for the arrest of such
				person and, upon his being brought before him, to proceed with a hearing of the
				case; and upon such hearing, the judge shall have power to make such order as
				he shall deem proper, not inconsistent with the law for the punishment of
				contempt, to enforce obedience to the requirements of the summons and to punish
				such person for his default of disobedience.
H. The role of the hearing officer is to
				conduct an orderly hearing, take evidence, question witnesses, make findings of
				fact and conclusions of law and render an opinion to the board within 10 days
				of said hearing. The hearing officer shall not be bound by the rules of
				evidence in the conduct of a formal hearing, but the determination and
				recommendations of the hearing officer shall be founded upon sufficient legal
				evidence to sustain it.
I. Upon the
				conclusion of a formal hearing, the board shall at its next regularly scheduled
				or specially called meeting take such action upon such written findings and
				determinations as it deems proper, and shall execute and order in writing
				involving such findings and determinations. When in an adjudication proceeding
				a majority of the officials of the board who are to render the final decision
				have not heard the case or read the record, or the proposed order is not
				prepared by a member of the agency, the decision, if adverse to the party to
				the proceeding other than the agency itself, shall not be made final until a
				proposed order is served upon the parties, and an opportunity is afforded to
				each party adversely affected to fine exceptions and present briefs and oral
				argument to the officials who are to render the decision. The proposed order
				shall be accompanied by a statement of the reasons therefor and of the
				disposition of each issue of fact or law necessary to the proposed order,
				prepared by the person who conducted the formal hearing or by one who has read
				the record. No sanction shall be imposed or order be issued except upon
				consideration of the whole record and as supported by and in accordance with
				the reliable, probative, and substantial evidence. The parties by written
				stipulation may waive, and the agency, in the event there is no contest, may
				eliminate compliance with the Section.
J. The order of the board may include the
				assessment of civil penalties as provided by law or regulations. A final
				decision or order adverse to a party in an adjudication proceeding shall be in
				writing or stated in the record. A final decision shall include findings of
				fact and conclusions of law. Findings of fact, if set forth in statutory
				language, shall be accompanied by a concise and explicit statement of the
				underlying facts supporting the findings. If, in accordance with agency rules,
				a party submits a proposed finding, parties shall be notified either personally
				or by mail of any decision or order. Upon request, a copy of the decision or
				order shall be delivered or mailed forthwith to each party and to his attorney
				of record.
K. The record, minutes
				and evidence of a formal hearing shall be made available to all parties for
				examination at the office of the board, or at such place as the board may
				direct. Copies of the minutes may be purchased at the rate per page covering
				the cost thereof.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2504 and
				  R.S.
				  37:2510.