Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-925 - Designation of Hearing Panel, Disqualification and Replacement

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the time the
				administrative complaint is docketed with the board or within 30 days
				thereafter, the board chairperson will designate five members of the board (one
				of whom may, but is not required to be, the board chairperson) to serve as the
				hearing panel for that complaint. The selected board panel members shall elect
				from the membership a person to serve as presiding officer. The presiding
				officer at the hearing may make rulings on objections and the admissibility of
				evidence, and will insure that the conduct of the hearing proceeds without
				delay and pursuant to law. The other panel members may not delegate any of
				their decision-making or fact-finding duties to the presiding officer, nor
				shall the presiding officer have any greater weight in the decision-making
				process.
B. In the event that a
				board member is disqualified or recused from a complaint or hearing, the board
				should immediately contact the governor to appoint a board member pro tem to
				replace the disqualified member for the complaint or hearing in progress
				only.
C. Any panel member having
				reason to believe that he or she is biased or prejudiced either for or against
				one of the parties to the proceeding, or who has a personal interest in the
				outcome, shall immediately notify the remaining board members and request to be
				disqualified. Likewise, any party to such a hearing or a compliance hearing as
				provided in §943, may file with the board a motion supported by an affidavit
				requesting disqualification because of bias, prejudice or personal interest.
				Motion for disqualification shall be filed with the board and the opposing
				party within 15 days following the notice of the composition of the hearing
				panel. Absent good cause shown, motions for disqualification filed more than 15
				days following such notice will not be considered. As soon as possible, but not
				later than 10 calendar days preceding the beginning of the hearing, the
				majority of the hearing panel will consider the merits of the disqualification
				request and any opposition to that request filed by the opposing party. The
				concerned board member shall not participate in the action to disqualify and
				shall not vote on that issue. If the board hearing panel determines there is no
				merit to the request for disqualification, the board will proceed with the
				hearing before the designated panel. However, any doubt as to the merits of the
				request for disqualification should be resolved in favor of disqualification,
				and the board chairperson shall immediately appoint one of the remaining board
				members as the replacement to the hearing panel.
D. Ordinarily, the composition of a hearing
				panel is five members of the board. However, in the event that the respondent
				social worker and the assistant attorney general agree to a hearing panel of
				three board members, the chairperson may designate three of the five designated
				panel members to serve as the hearing panel. Any stipulation regarding a
				three-board-member hearing panel must be in writing and signed by the
				respondent and/or respondent's attorney and the attorney general. Such
				stipulation further provides that the three member hearing panel may completely
				adjudicate all issues specified in the complaint, render findings of fact,
				conclusions of law, decision and sanction, and that no appeal of any decision
				or sanction will be based on a challenge to the board's jurisdiction to
				adjudicate the matter with a three member hearing panel. Any such stipulation
				to a three-member hearing panel shall be delivered to the board at least 15
				days prior to the scheduled hearing. The written stipulation shall be filed in
				the adjudication record and shall constitute a waiver of the application of and
				the need to comply with
				R.S.
				49:957.
E. At least one member of the hearing panel
				including the panel members of a compliance hearing specified under
				§943 shall have the same social work
				credential as the respondent.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.