Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part VII - Barbers › Chapter 11 - Due Process Procedures for Violations of the Louisiana Barber License Law › Section VII-1107 - Conduct of 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 the informal
				procedures.
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'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 statute or rule 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;
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 can not be found by this or other reasonable methods, the board may
				hold a hearing in the licensee's absence.
note: It is the licensee's obligation to keep the board
				  informed of his/her 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 a Hearing Officer
a. The
				hearing officer is responsible for ensuring that the hearing is orderly and
				fair and that it progresses in an expeditious manner. This officer is empowered
				to prepare written findings of fact and conclusion which shall be recommended
				to the board.
b. The board shall
				designate a hearing by affirmative vote of a 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 can not accord a fair and impartial hearing or
				consideration.
d. Any party may
				request the disqualification of a hearing officer on the ground of inability to
				give a fair 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 promptly by the
				board.
e. The hearing officer shall
				not be a current member of the board.