Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIII - Interior Designers › Chapter 11 - Revocation or Suspension of Licenses of Registration › Section XLIII-1104 - Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. If, after
				following the procedure in §1103, the board determine that a hearing is
				warranted, the following procedure should be followed.
B. Proceedings to revoke, rescind or suspend
				the license of registration of an interior designer shall commence by any
				person filing a sworn affidavit with the board against the interior designer. A
				time and place for the hearing of the charges shall be fixed by the board. The
				board, upon its own motion, may investigate the actions of any interior
				designer and file a complaint against him.
C. A copy of the complaint shall be sent by
				the board to the interior designer against whom a complaint has been filed at
				his last known address by registered or certified mail at least 20 days prior
				to the hearing together with a notice of the time and place of the meeting of
				the board at which the complaint shall be heard.
D. At the hearing the interior designer
				against whom a complaint has been filed shall have the right to cross-examine
				witnesses against him, to produce witnesses in his defense, and to appear
				personally or by counsel.
E. No
				action shall be taken to rescind, revoke, or suspend the license of
				registration of any interior designer unless a quorum of the board is present
				at the hearing and then only by an affirmative vote of at least four of the
				members of the board present.
F. If
				the board determines upon the suspension of the license of registration of any
				interior designer, it shall fix the duration of the period of the
				suspension.
G. If the board
				revokes, rescinds, or suspends the license of registration of any interior
				designer, the secretary of the board shall give written notice of its action by
				registered or certified mail to the person against whom the complaint was filed
				at the last known address.
H. The
				board may require the production of books, papers, or other documents and may
				issue subpoenas to compel the attendance of witnesses to testify and to produce
				any relevant books, papers, or other documents in their possession before the
				board in any proceeding concerning any violations of the laws regulating
				registered interior designers or the practice of interior design. The subpoenas
				shall be served by the sheriff for the parish where the witness resides or may
				be found. If any person refuses to obey any subpoena so issued or refuses to
				testify or to produce any books, papers, or other documents required to be
				produced, the board may present its petition to the district court of the
				parish in which that person was served with the subpoena setting forth the
				facts. The court shall then issue a rule to that person requiring him to obey
				the subpoena or to show cause why he fails to obey it. Unless that person shall
				show sufficient cause for failing to obey the subpoena, the court shall direct
				him to obey the subpoena and, upon his refusal to comply, he shall be adjudged
				in contempt of court and punished therefor, as the court may direct.
I. Any licensed or registered interior
				designer who has been found guilty by the board of the charges filed against
				him and whose license of registration has been revoked, rescinded, or
				suspended, shall have the right to appeal to the district court of the parish
				in which the hearing was held. The appeal shall be governed by the
				Administrative Procedure Act,
				R.S.
				49:950 et seq.
J. The board shall have the power to issue a
				new license of registration, change a revocation to a suspension, or shorten
				the period of suspension, upon satisfactory evidence that proper reasons for
				such action exist, presented by any person whose license of registration as an
				interior designer has been revoked, rescinded or suspended. Any person whose
				license of registration has been suspended shall have his license of
				registration automatically reinstated by the board at the end of his period of
				suspension upon payment of the renewal fee. No delinquent fee shall be charged
				for reinstatement of license of registration under the provisions of this
				Chapter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3174,
				  R.S.
				  37:3179 and
				  R.S.
				  37:3181.