Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXVI - Radiologic Technologists › Chapter 7 - Actions before the Board › Section LXVI-707 - Conduct of a Formal Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Initiating the Process
1. The board initiates
				a formal hearing by issuing full notice of the hearing. A formal hearing may be
				the result of a complaint made by any manner specified in
				§703 of this
				Chapter.
2. Once full notice of the
				formal hearing has been served, no board member or officially designated
				hearing officer may communicate with any party to a formal hearing or to that
				party representative concerning any issue of fact or law involved in that
				formal hearing unless all parties or their representatives are
				present.
3. Full Notice. The
				written notice shall recite specific acts which the licensee is alleged to have
				committed and shall assert that those acts violate a statute or rule of the
				board.
a. The notice shall include:
i. a statement of the date, time, place, and
				nature of the hearing;
ii. a
				statement of the legal authority and jurisdiction under which the hearing is to
				be held;
iii. a reference to the
				particular sections of the statutes, rules or ethical standards
				involved;
iv. a short and plain
				statement of the matters asserted which shall be the subject of the
				hearing;
v. a statement of the
				rights of the parties.
b. Notice shall be given to all parties 30
				days in advance of the proceedings to allow a reasonable opportunity for
				preparation.
c. The notice shall be
				delivered by registered or certified mail, return receipt requested. If the
				licensee cannot be found by this or other reasonable methods, the board may
				hold a hearing in the licensee's absence.
d. The content of the notice limits the scope
				of the hearing and of the evidence which may be introduced.
e. If the agency or other party is unable to
				state the matters in detail at the time the notice is served, the initial
				notice may be limited to a statement of the issues involved. Therefore, upon
				application, a more definite and detailed statement shall be
				furnished.
4. The
				chairperson shall appoint a hearing panel, consisting of one or more board
				members and totaling less than a quorum whose primary role shall be to hear
				evidence and arguments and to submit written findings, conclusions and
				recommendations to the board.
a. Any hearing
				officer appointed who because of bias or interest, is unable to assure a fair
				hearing, shall be recused from that particular proceeding on his own notice or
				motion of any member of the board, or motion of any party, if the majority of
				the board determines the recusal is warranted.
b. At the hearing, the charge shall be
				prosecuted by the board's personnel who conducted the investigation, who may be
				assisted by board attorney, and who will present evidence that disciplinary
				action should be taken against the licensee.
c. Upon motion filed before hearing served on
				all parties to the proceeding, the hearing officer may, in his discretion,
				permit any interested person to intervene in the proceedings if the panel
				determines that such person's interest would be substantially affected by the
				proceedings and is not adequately represented by another party to the
				proceedings, and that intervention would not cause serious delay, disruption or
				otherwise burden the hearing process.