Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-907 - Disposition of Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may, before, during, or following an investigation, or after the filing
				of an administrative complaint, dispose of any complaint informally through
				correspondence or conference with the social worker and/or the complainant.
				This action may occur whether requested by the involved social worker or
				recommended by the CIO, or at any time as deemed appropriate by the board. Such
				informal resolution may take the form of any informal disposition recognized in
				R.S.
				49:955(D) or any other form
				of agreement which adequately addresses the complaint or the matter under
				investigation. Such agreement is binding upon the involved social worker and
				the board. When an informal disposition occurs after an administrative
				complaint is filed with the board, the agreement requires the concurrence of
				the assistant attorney general handling the case. This concurrence further
				requires a certification by the assistant attorney general that the social
				worker's conduct as specified in the informal disposition documents is
				consistent with the known evidence which could be presented at an adjudication
				hearing.
B. Any attempt by the
				board to resolve a complaint by informal disposition which does not result in a
				disposition of the complaint or matter under investigation, will in no way
				preclude further investigation of that matter or complaint. The participation
				in any such attempt by the board or any of its members will in no way
				disqualify the board or any of its members from serving on an adjudication
				hearing panel dealing with an administrative complaint on the same subject
				matter as the attempted informal resolution. The board and the hearing panel is
				authorized to obtain waivers related to their participation in informal
				disposition procedures signed by the involved social worker and the social
				worker's legal counsel, if any, prior to its participation in such informal
				procedures.
C. At the conclusion of
				the investigation, the board's administrator will receive a written report from
				the CIO and/or the board's administrative staff. The written report shall
				provide a summary of the complaint or basis for the investigation, a general
				statement of the evidence relating to the investigation and the investigator's
				determination and recommendation. If the report contains a recommendation that
				the complaint be dismissed due to a lack of evidence, inadequate legal cause
				for the filing of an administrative complaint, or for any other reason, the
				administrator promptly shall notify the board chairperson who will, on a
				rotating basis, designate a board member to review the complaint, the complete
				investigative materials of the CIO or the board's administrative staff, and any
				investigative reports and recommendations. This review shall include an
				assessment of the quality and thoroughness of the investigation and the legal
				and/or factual basis for the recommended dismissal. The reviewing board member
				shall promptly report to the board his or her assessment of the investigation
				and the basis for the recommended dismissal. Unless the complaint is the
				subject of an informal disposition as specified in
				§907 A, no complaint may be dismissed
				without board member review of the investigation and a vote of the board on the
				recommendation of the investigator's report. The board may accept the
				recommendation of the report and dismiss the complaint or may refer the matter
				back to the board's administrator for further investigation as it deems
				necessary. In the event the board votes to dismiss the complaint, both the
				involved social worker and the complainant will be notified in writing
				concerning the board's action. Notwithstanding this Section, no board member
				will be disqualified from serving on a hearing panel on a complaint merely
				because the board member was designated to review the complaint or participated
				in a vote related to the recommendation of the dismissal of any
				complaint.
D. If the investigation
				report contains a determination that there is probable cause to believe that
				the involved social worker has engaged or is engaging in conduct, acts, or
				omissions constituting legal cause under the law, these rules and regulations,
				or ethical standards for any form of disciplinary action as specified in
				R.S.
				37:2717, then the administrator shall
				promptly notify the attorney general or the assistant attorney general assigned
				to prosecute such matters on behalf of the state pursuant to
				R.S.
				37:2717(C). The notice shall
				deliver to the assistant attorney general all investigative reports,
				statements, notes, recordings, court records, and other data obtained in the
				course of the investigation. It will also request the preparation of a draft of
				an administrative complaint regarding any violations which are disclosed in or
				suggested by the investigation. The assistant attorney general prosecuting the
				matter may request and obtain other information from the board's administrator,
				including access to consultants to assess the results of the investigation and
				prepare a draft of the administrative complaint. The draft of the
				administrative complaint shall identify the involved social worker and be
				prepared in the same form and content as the administrative complaint specified
				in §909.
				B of these rules. The draft of the
				administrative complaint shall be signed by the assistant attorney general and
				delivered to the board's administrator within 30 days of the notice and
				delivery to the assistant attorney general of the investigation, report and
				specified materials. The board's administrator is authorized to extend the time
				for the submission of the draft of the administrative complaint for a
				reasonable time as requested by the assistant attorney general.
E. Upon receiving a signed draft of the
				administrative complaint, the administrator shall mail a copy of the draft
				complaint together with a notice letter to the involved social worker. The
				letter will advise of the intent to file the administrative complaint and give
				the social worker a reasonable opportunity pursuant to
				R.S.
				49:961(C) to show compliance
				with all legal requirements of the social worker's license, or to show that the
				complaint is unfounded.
F. Should
				the involved social worker fail to respond within the time provided (which time
				may be extended by the administrator upon good cause shown), or if the social
				worker's response does not satisfactorily demonstrate that the social worker is
				in lawful compliance or that the complaint is unfounded; the administrator
				shall in consultation with the assistant attorney general prepare an original
				complaint in the form of the draft complaint for filing with the board. In
				determining the adequacy of any response submitted by the social worker, the
				administrator should consult with the assistant attorney general. The
				administrator may also consult with its general legal counsel (also referred to
				in these procedural rules as independent counsel) on any legal issues relating
				to the response submitted by the social worker.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.