Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXXX - Substance Abuse Counselors › Chapter 9 - Disciplinary Procedures › Section LXXX-911 - Formal Hearing [Formerly Section 909]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ADRA has the authority, granted by
				R.S.
				37:3390.3 et seq., to bring administrative
				proceedings against persons holding or applying for any credential, specialty
				certification status or other recognition issued by ADRA.
B. The person has the right to appear and be
				heard, either in person or by counsel; the right of notice; a statement of what
				accusations have been made; the right to present evidence and to cross-examine;
				and the right to have witnesses subpoenaed. If the person does not appear,
				either in person or through counsel, after proper notice has been given, the
				person may be considered to have waived these rights and the ADRA may proceed
				with the hearing without the presence of the person.
C. Except for good cause shown, motions
				requesting a continuance of a hearing shall be in writing and shall be filed at
				least five days prior to the date set for the hearing. The motion shall state
				the reason for the request. The executive director shall grant or deny the
				request, in writing, within 24 hours. If the request is denied, written reasons
				for the denial shall be included.
D. The executive director issues subpoenas
				for the ADRA for disciplinary proceedings, and when requested to do so, may
				issue subpoenas for the other party.
E. The ADRA, compromised of a quorum of
				voting members, shall serve as administrative jury to hear and determine the
				disposition of the pending matter based on the finding(s) of fact and
				conclusion(s) of law by receiving evidence and reaching a decision and/or
				ordering sanctions with an affirmative majority record vote of ADRA members
				participating in the decision process.
F. Legal counsel to the ADRA shall prosecute
				the pending matter and bear the burden of proof to be presented to the
				ADRA.
G. An opening statement by
				legal or special counsel may present a brief position comment with an outline
				of evidence to be offered. Respondent or respondent's legal counsel may present
				an opening defense position statement.
H. Testimony shall be received under oath
				administered by the presiding hearing officer, the executive director, or other
				staff or board member designated by the hearing officer.
I. All parties shall be afforded an
				opportunity to present evidence on all issues of fact and argue on all issues
				of law and respond by direct testimony, followed with cross examination as may
				be required for a full and true disclosure of the facts. The direct
				presentation of evidence shall be introduced by the legal or special counsel
				and shall be followed by the respondent in proper person or by legal counsel by
				direct or cross-examination and/or rebuttal.
J. Witnesses may be directly examined and
				cross-examined. Additionally, witnesses and/or respondents may be questioned
				during an administrative hearing by members of the ADRA.
K. Closing arguments may be made by
				respondent in proper person or by legal counsel followed by closing arguments
				from prosecuting legal or special counsel.
L. A stenographic or audio recording of the
				hearing shall be made and upon payment by the requesting party a transcript
				kept on file with the ADRA.
M. The
				Chairman of the ADRA, or his or her designee, shall preside at the
				hearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:3388.4(3) and La.
				  R.S.
				  37:3390.3(B) and La.
				  R.S.
				  37:3389(G).