Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXV - Speech Pathology and Audiology › Chapter 5 - Procedural Rules › Section LXXV-507 - General Procedural Rules for Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board is empowered to issue subpoenas
				upon receipt of a written request from the licensee, registrant, or attorney
				general at least 15 days in advance of any scheduled hearing. The board shall
				issue said subpoenas upon receipt of said written request and receipt of any
				and all fees for subpoenas as provided for in
				§123.A promulgated by
				the board.
B. The board may
				petition a court of competent jurisdiction for a contempt rule to show cause
				when there is a failure to comply with a subpoena.
C. The board shall elect from its membership
				a person to act as presiding officer of the hearing. The presiding officer
				shall have the power to regulate the discovery process; hold pre-hearing
				conferences for the simplification or settlement of issues; convene the
				hearing; place witnesses under oath; take action necessary to maintain order;
				rule on motions and procedural questions arising prior to, during or after the
				hearing; rule on objections and admissibility of evidence; call recesses or
				adjourn the hearing; and prescribe and enforce general rules of conduct and
				decorum. The other board members may not delegate their decision making and
				fact finding duties to the presiding officer, nor shall the presiding officer
				have any greater weight in the decision making process than any other board
				member. The board's findings of fact and conclusions of law shall be signed by
				a majority of the hearing panel finding those facts and conclusions of law. Any
				member of the hearing panel disagreeing with those findings and conclusions may
				also file a dissent in the record with her/his decisions therefore.
D. Any board member having reason to believe
				that s/he is biased against one of the parties in the proceeding, or has a
				personal interest in the outcome of the proceeding, shall immediately notify
				the other board members and request to be disqualified. Any party to a hearing
				may file with the board an affidavit requesting a disqualification of a board
				member from the formal hearing because of the board member's bias or personal
				interest. As soon as possible, but no later than the beginning of the hearing,
				the majority of the board shall pass upon any request for disqualification. The
				concerned board member shall not participate in the deliberation of the board
				on the issue of disqualification, and shall not vote on the issue. If the board
				determines that there is no merit to the request for disqualification, the
				board shall proceed with the hearing. Any doubt concerning the fitness of a
				board member shall be resolved in favor of disqualification. In the event
				disqualification occurs, the board shall immediately request the governor to
				appoint a board member pro tem to replace the disqualified member for the
				hearing in progress only.
E. The
				parties to the hearing are urged, but not required, to confer prior to the
				hearing, through their respective counsel, or personally, to attempt to reduce
				or simplify the issues to be heard. The board shall honor any stipulations
				arrived at between the parties as proven facts at the hearing. The purpose at
				the pre-hearing conference is to insure that the hearing is not unusually
				delayed by receiving testimony or other evidence on matters which are not
				seriously in dispute between the parties.
F. The procedures as delineated by the
				Louisiana Department of Justice consistent with the Administrative Procedure
				Act, R.S.
				49:950 et seq., regarding the conducting of
				hearings and proceedings shall be implemented. A copy will be provided to any
				interested party involved with the hearing upon receipt by the board of a
				written request therefore.
G.
				Parties may conduct discovery pursuant to the Administrative Procedure Act,
				R.S.
				49:950 et seq. Said discovery shall not
				unduly delay the hearing before the board.
H. For good cause shown, the board has
				discretion to extend or continue the time set for the hearing for such reasons
				as ill health, inability to obtain counsel, the complexities of the case, or
				such other matters deemed by the board to constitute good cause.
I. Upon request by either the licensee,
				registrant, or the attorney general, witnesses shall be sequestered and not
				allowed in the hearing chambers during the hearing or permitted to discuss
				their testimony with other witnesses prior to the conclusion of the
				hearing.
AUTHORITY
				  NOTE: Promulgated in accordance with
				  R.S.
				  37:2650 et
				  seq.