Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXV - Electrologists › Chapter 17 - Complaints and Hearing Procedure › Section XXXV-1711 - Conduct of Formal Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Initiating the Process
1. The board initiates
				a formal hearing by issuing full written notice of the hearing. A formal
				hearing may be the result of a complaint made by any manner specified in the
				informal procedures.
2. Once full
				written notice of the 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's representative concerning any issue of fact or law involved
				in that formal hearing.
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 Louisiana
				Statute or other ordinances or rules of the board.
a. 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;
				and
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 through a contradictory proceeding with a curator
				appointed to represent the absentee licensee.
NOTE: It is the licensee's obligation to keep the board
				  informed of his whereabouts.
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. Thereafter, upon
				application, a more definite and detailed statement shall be
				furnished.
4.
				Designation of Hearing Officer
a. The hearing
				officer is responsible for ensuring that the hearing is orderly, fair and that
				it progresses in an expeditious manner. This officer is empowered to prepare
				written findings of fact and conclusions which shall be recommended to the
				board.
b. The board shall designate
				a hearing officer by affirmative vote of a simple majority of its
				members.
c. The hearing officer
				shall be unbiased and qualified to preside over the case. A designated hearing
				officer shall withdraw when that officer cannot afford a fair, just and
				impartial hearing or consideration.
d. Any party may request the disqualification
				of a hearing officer on the grounds of inability to give fair, just and
				impartial hearing by filing an affidavit (which states the specific grounds)
				within three days of receipt of notice of the designation of the hearing
				officer. The issue shall be determined by the board.
e. The hearing officer shall not be a present
				or former member of the board.