Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 1 - General Provisions › Section XXXIII-116 - Reconsideration of Adverse Sanctions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Any person wishing to initiate an application for reconsideration of an adverse
				disciplinary decision of the board or consent decree must make the request in
				writing and it shall be received by the board at its office no later than 30
				days prior to the next scheduled meeting of the board in order for it to be
				placed on the board agenda for consideration. The request for reconsideration
				of adverse sanctions shall be filed with the board in conformity with LAC
				46:XXXIII.911.
B. The request for
				reconsideration should be accompanied by supporting documentation and other
				pertinent information demonstrating his/her professional and/or personal
				rehabilitation since the adverse disciplinary sanctions or decision of the
				board.
C. If timely received, the
				applicant's written request and all supporting documentation and/or information
				are delivered to the board's disciplinary committee which originally rendered
				the adverse decision to the applicant, and said committee shall determine if
				the applicant's request for reconsideration has substantial merit. In the
				course of the committee's review, if it deems necessary, it may require the
				applicant and all supporting references to appear in person before the
				committee for the purpose of affording the committee an opportunity to
				personally interview each person. All expenses for the attendance of the
				applicant and his/her personal references shall be borne by the applicant.
				Because of the nature of the request, the committee may entertain it in
				executive session at the option of the applicant. Moreover, the committee shall
				prescribe time limitations for all speakers appearing before it and order such
				other considerations as will promote a fair and orderly review of the subject
				matter. After review of the documentation and completion of the interviews, if
				any, the committee will determine if the request for reconsideration has
				sufficient merit to warrant the committee's favorable recommendation to the
				full board. If the committee rules favorably to the applicant, then the
				applicant's entire request for reconsideration and all supporting documentation
				and/or information are forwarded to the full board for its further
				consideration at the next scheduled board meeting.
D. If the committee decides that the
				application is without substantial merit, it shall so inform the officers of
				the board and, thereafter, one officer shall be appointed to notify the
				applicant, in writing, of said unfavorable action. The applicant is not
				thereafter entitled to appear before the full board relative to this
				application; only applications which have been found to have substantial merit
				by the committee are to be submitted to the full board.
E. The full board, at its next meeting, may
				consider those applicants found by the committee to have substantial merit in
				open meeting if requested to do so by the applicant. In the absence of such
				request, the board shall entertain the matter in executive session. In the
				course of the board's review, if it deems necessary, it may require the
				applicant and all supporting references to appear in person before the board
				for the purpose of affording the board an opportunity to interview each person
				first hand. All expenses for the attendance of the applicant and his/her
				personal references shall be borne by the applicant. Moreover, the board shall
				prescribe time limitations for all speakers appearing before it and order such
				other considerations as will promote a fair and orderly meeting.
F. If the full board concurs with the
				favorable recommendations of the disciplinary committee, then the board shall
				decide upon the exact terms and conditions of any amendment, modification, or
				other change in the original decision rendered against the applicant.
				Thereafter, the applicant shall be notified, in writing, of the board's
				decision.
G. If the full board does
				not concur with the favorable recommendations of the disciplinary committee,
				then the board shall so notify the applicant in writing.
H. Any person desiring to file an application
				for a reconsideration with the board shall be permitted to do so only after 12
				months following the board's decision or ratification of a consent decree and
				only once every 12 months thereafter, unless new and compelling information
				becomes available. If an application is denied, then that person must wait at
				least until the expiration of 12 months from the date appearing on the board's
				denial letter before submitting a subsequent application.
I. A licensee may request a reconsideration
				of adverse sanctions a maximum of three times for the same disciplinary matter.
				Any applications beyond this limit will be considered at the discretion of the
				board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:760(8).