Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LV - Plumbers › Chapter 9 - Revocation and Related Administration Proceedings › Section LV-901 - Revocation, Suspension and Probation Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. All adjudication proceedings initiated
				pursuant to
				R.S.
				37:1378 and conducted by the board shall be
				in accordance with the Administrative Procedure Act,
				R.S.
				49:955 et seq. The term
licensee,
as used in this Section, shall refer, where
				applicable, to the holder of a tradesman plumber, journeyman plumber, master
				plumber, inactive master plumber, gas fitter, master gas fitter, medical gas
				piping installer or medical gas and vacuum systems verifier license, and holder
				of a water supply protection specialist endorsement.
B. All proceedings calling for suspension,
				revocation or probation of a licensee shall begin with the receipt of a
				complaint by the board. This complaint shall be in writing and signed by the
				complainant, who shall be a person of the full age of majority.
C. The complaint shall be investigated by the
				executive director or a special enforcement officer under the direction of the
				board or executive director. The board may designate representatives of local
				governing authorities to investigate complaints.
D. The executive director shall conduct an
				informal conference with the licensee identified in the complaint. The purpose
				of this procedure shall be to afford the licensee the opportunity to review a
				summary of the evidence developed as a result of the investigation of the
				complaint as well as an opportunity to respond. If the executive director
				determines that the licensee has sufficiently proven the complaint to be
				without merit, he may recommend to the board that no further investigation be
				conducted. If the executive director determines after the informal hearing that
				the complaint has merit, he shall report his findings to the board. The
				informal hearing may be conducted by correspondence, if the licensee consents.
				If a conference with the executive director is requested, the licensee must
				make all reasonable efforts to cooperate with the executive director or
				designated representative in scheduling the time and place of the informal
				hearing.
E. Upon conclusion of the
				informal hearing procedure, a formal hearing shall be scheduled before the
				board or a hearing officer designated by the board. In the event the executive
				director recommends rejection of the complaint, the board shall review his
				findings and conclusions. The board may refuse the recommendation of the
				executive director and proceed with a formal hearing.
F. Formal hearing procedures shall be
				commenced by a formal notice of complaint outlining the charges against the
				licensee sent to the licensee at his last known address. It shall comport with
				the provisions of
				R.S.
				49:955.B. This notice shall require a
				response by the licensee within 10 days. Upon written motion by the licensee or
				his attorney, the response time may be extended.
G. The licensee shall return his response to
				the complaint to the board within 10 days or within the extended time granted
				by the board. Failure to respond shall be deemed a waiver of his right to a
				hearing. In response, the licensee shall either deny or admit the allegations
				of the complaint and shall either request a hearing before the board or a
				designated hearing officer or waive his right to said hearing.
H. If the licensee waives his right to a
				hearing or does not respond in writing within the time allotted, the board or
				designated hearing officer shall decide the case forthwith. The board or
				designated hearing officer shall make specific findings of fact, conclusions of
				law. The hearing officer shall submit his findings and conclusions in the form
				of a recommendation to the board.
I. If the licensee responds and participates
				in a formal hearing, he shall be afforded the opportunity to present evidence
				and cross-examine witnesses. The testimony of the witnesses shall be
				transcribed. The hearing shall be conducted according to the Administrative
				Procedure Act. Prehearing discovery by any party may be permitted upon motion
				to the board. Subpoenas shall be issued in accordance with
				R.S.
				49:956(5).
J. The board shall make a decision based on
				the evidence heard by it or the hearing officer's report and determine what
				sanctions if any should be imposed and issue an appropriate order with respect
				thereto. This order shall be served on the licensee.
K. Sanctions imposed by the board may include
				reprimand, probation, suspension, revocation or any combination thereof and,
				where applicable, reinstatement fees.
1.
				Reprimands may include a personal conference between the licensee and the
				executive director and/or a letter to the licensee regarding the incident or
				incidents which have been brought to the board's attention and which may or may
				not be determined to warrant a hearing.
2. Probation will include stipulations which
				may be imposed by the board as a result of the findings of facts developed at a
				formal hearing. The order shall clarify the obligations of the licensee through
				a specified period of time. A licensee who is placed on probation by the board
				may practice but only in accordance with the terms of his probation as
				established by the board. He may be required to certify to the board his
				compliance with the terms of probation from time to time as directed by the
				board.
3. Suspension
a. A license or license endorsement to
				practice plumbing, gas fitting, engage in the work of a water supply protection
				specialist and/or medical gas piping installer may be withheld by the board as
				a result of the findings of fact presented in a hearing. The duration of a
				suspension may be for a definite or indefinite period of time. A licensee or
				endorsement holder whose license or endorsement is suspended may not practice
				plumbing, gas fitting, the work of a water supply protection specialist and/or
				medical gas installer in the state of Louisiana during the designated period of
				suspension.
b. The definite time of
				suspension shall be stipulated by the board in the order to the licensee. Upon
				termination of the time period the licensee shall be entitled to receive his
				license upon payment of the required fee and upon documented compliance with
				the conditions which may have been imposed by the board at the time of the
				original order. The reinstatement fee shall not exceed the special enforcement
				fee under §305, §306, or §309
c. If a license is suspended for an
				indefinite term, the licensee may petition for reinstatement of his license
				only after one calendar year has lapsed from the date of the original order.
				The board may terminate the suspension and reinstate such license after a
				hearing is held and the board determines that the cause/causes for the
				suspension no longer exist or that intervening circumstances have altered the
				condition leading to the suspension. If reinstatement is granted the licensee
				shall pay the required reinstatement fee, which shall not exceed the amount
				established as the special enforcement fee under §305, §306, or
				§309