Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-941 - Miscellaneous Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. Social workers
				have a continuing obligation to keep the board informed about their current
				addresses. Accordingly, if notice of an investigation, service of an
				administrative complaint, or notice of a hearing cannot be delivered by mail or
				by personal delivery, the board shall make reasonable efforts to contact the
				social worker and obtain the social worker's new address. If, after the board
				makes reasonable efforts to locate the social worker, notice or service cannot
				be made because the social worker cannot be located, then the board or any
				designated hearing panel is authorized to proceed with the investigation,
				complaint procedure, and adjudication of the complaint, notwithstanding the
				social worker's absence, lack of participation in the process, or failure to
				appear.
B. If the social worker
				receives due notice of an adjudication hearing and fails to appear and
				participate, and does not notify the board of good cause for the social
				worker's absence, the board and its designated hearing panel may proceed with
				the adjudication notwithstanding the social worker's absence.
C. If a social worker is unable to attend an
				adjudication hearing because the social worker is incarcerated as the result of
				the conviction of any criminal conduct recognized as a felony under either
				state or federal law, or is under federal detention subject to a removal or
				deportation order, the board and its designated hearing panel may proceed with
				the adjudication hearing after providing the incarcerated or detained social
				worker reasonable opportunity to participate in the hearing. That participation
				may be through legal counsel authorized to practice in this state,
				participation by telephone at the social worker's expense, and the opportunity
				to present evidence through deposition, affidavit, or such other reasonable
				means as the board and/or the hearing panel deems fair and
				appropriate.
D. Social workers who
				are subject to an investigation and/or are named as a respondent in an
				administrative complaint filed with the board are entitled to defend themselves
				with or without the benefit of legal counsel. If a social worker chooses not to
				defend and instead surrenders his/her license, certificate, provisional
				certificate, or registration at any time during an investigation, complaint or
				adjudication hearing, but prior to the hearing panel's decision thereon, the
				board will deem such surrender as an attempt to avoid the disciplinary process.
				The board will then subject the involved social worker to the revocation of the
				license, certificate, provisional certificate, or registration, or impose other
				sanction or disposition which the board deems appropriate, based on the
				information available to the board. Such board action may also impose
				restrictions on any subsequent application to the board which the involved
				social worker may make. Such restrictions may include restricting the social
				worker from making subsequent application for as much as five years following
				the surrender or resignation by the social worker. The board is also authorized
				to report in its newsletter a summary of the circumstances surrounding the
				social worker's surrender or resignation of license, certificate, or
				registration while under investigation or subject to an administrative
				complaint.
E. The board shall have
				authority to delegate to the CIO or the board administrator the investigation
				of any alleged violations of
				R.S.
				37:2720 or prior to bringing any injunctive
				proceedings under
				R.S.
				37:2721. Following the board's review of any
				investigation conducted thereon, the board shall contact the appropriate
				district attorney or bring injunctive proceedings through the attorney general,
				or both. Final authority for appropriate action rests solely with the
				board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.