Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-905 - Investigation Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				board receives a written complaint, report, or other information which, if
				established as being true, would constitute just cause under the law for
				revocation, suspension, denial of license, or any other form of discipline
				specified in
				R.S.
				37:2717(B), the board may
				refer the complaint, report or information to the board administrator and/or to
				the board's designated complaint investigation officer (hereinafter referred to
				as the CIO). The CIO may be an employee of the board or provide investigation
				services under contract with the board. The board will stipulate the protocol
				and manner of the investigator. The board's administrator and staff and/or the
				CIO shall conduct such investigation or inquiry as the board deems appropriate
				to determine whether there is probable cause to initiate formal administrative
				proceedings against the involved social worker. To assist in the investigation,
				the board is authorized to issue, as necessary or upon request, such
				investigative subpoenas as may be required to obtain documents, the appearance
				of witnesses, or sworn statements or testimony.
B. Except for the notice required by
				§911. B and
				§937 C, all other notices, correspondence
				or written communication relating to complaints, investigations, notices of
				investigations, conferences, decisions, orders, etc., may be served on or
				delivered to the involved social worker, complainant(s), or witnesses by
				regular mail or, when deemed appropriate or necessary by the board or its
				administrator, by personal delivery (service) or other available means. Notices
				shall be delivered with the designation "personal and confidential " clearly
				marked on the outside of the envelope.
C. Under normal circumstances, the involved
				social worker will receive prompt written notice from the board's administrator
				of the initiation or pendency of an investigation. The notice shall contain
				sufficient detail of the nature and the basis of the complaint or other
				information giving rise to the investigation, as well as a preliminary
				statement of the possible violations involved. The notice shall also provide
				the social worker with an opportunity to respond in writing to the complaint or
				to provide other information relating to the investigation. When such notice,
				in the judgment of the CIO and/or the board's administrator, is likely to
				prejudice the investigation, the notice may be delayed. Any delay in the notice
				to the involved social worker beyond the first 20 days of the investigation
				will require the board's administrator to obtain board approval for any
				additional delay.
D. Board members
				as members assigned by the agency to make findings of fact and conclusions of
				law will not and may not participate in the investigation. No board member
				shall accept contact or communicate with a social worker involved in an
				investigation, any person on behalf of the social worker, legal counsel for any
				party, the complainant, witness, or potential witness. If any of these persons
				attempt to contact a board member, the board member shall promptly refer the
				matter to the board's administrator and/or the board's legal counsel. This
				restriction conforms with
				R.S.
				49:960(A) and is not
				intended to restrict those routine communications which are in no way related
				to a case under active investigation or adjudication.
E. The investigation and recommended action
				or report should be completed within 60 days following the date the
				investigator receives the board's written referral for investigation. If the
				board's administrator and/or CIO shows good cause, the board may extend the
				time for investigation for a reasonable time not to exceed an additional 60-day
				period.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.