Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-943 - Compliance Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				applicant whose application is rejected may seek a compliance hearing as
				provided for in
				R.S.
				37:2710, provided that the request for such
				compliance hearing is submitted to the board in writing within 30 days after
				the applicant receives notice of rejection. In the request for a compliance
				hearing, the applicant shall state the specific reasons for the opposition to
				the rejected application.
B. After
				receiving a request for a compliance hearing, the board's administrator shall
				contact the board chairperson, who will designate three board members to sit on
				a hearing panel for the compliance hearing. The purpose of the compliance
				hearing is to provide a forum for the applicant or licensee to present
				documentary evidence through affidavits, court records, official records,
				letters, etc., along with under-oath testimony to establish that the applicant
				in fact meets the lawful requirements for the application or for the retention
				or renewal of the license, certificate, provisional certificate, or
				registration. The hearing panel shall elect from its membership one board
				member to serve as the presiding officer. The presiding officer shall
				administer oaths, maintain order at the hearing, fix new hearing dates as
				required, and rule on other matters relating to the hearing. A record of the
				hearing will be maintained by the board's administrator, although a court
				reporter or stenographer is not required. The applicant may be represented by
				counsel or may represent himself/herself. If the applicant requests a court
				reporter, a court reporter may be provided at the applicant's
				expense.
C. In any compliance
				hearing, the burden shall be on the applicant to establish that he or she meets
				the criteria for the application renewal or retention of license or that the
				renewal was timely.
D. An applicant
				whose license, certificate, provisional certificate, or registration is deemed
				lapsed under
				R.S.
				37:2714 may request a compliance hearing
				provided the applicant requests the hearing in writing within 10 days after
				receiving the notice of the lapsed license, certificate, provisional
				certificate, or registration. In the event that the applicant did not receive
				such notice, then the applicant must request a compliance hearing within 30
				days of the date upon which the license, certificate, provisional certificate,
				or registration would have lapsed by operation of law.
E. Whenever possible, the compliance hearing
				shall be conducted within 30 days after the board receives the request for the
				compliance hearing. In the event that the board is unable to schedule a
				compliance hearing within 30 days of the request, the board may schedule the
				hearing at its next regularly scheduled board meeting.
F. At the compliance hearing, the hearing
				panel may consult with its general counsel (independent counsel) on any legal
				issues emerging from the evidence submitted. Within 15 days after the
				compliance hearing concludes, the hearing panel will render its final decision,
				including findings of fact and conclusions of law. The decision will be
				delivered by registered mail, return receipt requested, to the applicant
				requesting the compliance hearing. In the event that the hearing panel's
				decision is adverse to the applicant, the applicant may apply for rehearing
				before the entire board by submitting a written request within 10 days as
				provided in
				R.S.
				49:959, subject to further judicial review
				pursuant to
				R.S.
				49:964, 965. Any rehearing before the board
				will be conducted on the record made before the hearing panel, including the
				hearing panel's findings of fact, conclusions of law, and recommendations. To
				the extent practicable, the rehearing will be held at the next regularly
				scheduled board meeting. The board will review the findings of fact and
				conclusions of law of the hearing panel and the evidence and exhibits as
				submitted, as well as any written submissions or assignments of error. Unless
				requested by the board, oral presentations or arguments will not be permitted
				on rehearing. The board will render its decision on rehearing within 30 days of
				its hearing the matter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.