La. Admin. Code tit. 46 § LIV-391

Current through Register Vol. 50, No. 11, November 20, 2024

Section LIV-391 - Conduct of Hearing [Formerly Section 337]

A. The hearing shall be convened by the board chair or acting board chair at the time, date and place provided in the notice to respondent, at which time the board's primary role is to receive evidence and argument, and to reach a decision. Any board member, who, because of bias or interest, is unable to provide a fair hearing, shall be recused from the particular proceeding. The reasons for the recusal are made part of the record. Should the majority of the board members be recused for a particular proceeding, the governor shall be requested to appoint a sufficient number of pro tem members to provide a quorum for the proceeding in accordance with R.S. 49:960 B.

B. Any objection to the composition of the hearing panel or the qualifications of any member of the hearing panel shall be made and ruled on by the chair before any evidence is received.

C. The board shall be represented by its investigating board member who has conducted the investigation and by its prosecuting attorney who presents evidence to support the charges contained in the administrative complaint.

D. Respondent may present evidence personally or through an attorney, and witnesses may testify on his behalf.

E. Evidence includes the following:

1. oral testimony given by witnesses at the hearing, except that, for good cause, testimony may be taken by deposition. The cost of such deposition shall be borne by the requesting party;

2. documentary evidence, such as written or printed materials including public, business or institutional records, books and reports;

3. visual, physical and illustrative evidence;

4. admissions, which are written or oral statements of the respondent a party made either before or during the hearing; and

5. facts officially noted into the record, usually readily determined facts making proof of such unnecessary.

F. All testimony shall be received under oath. If the witness objects to swearing, the word "affirm" may be substituted.

La. Admin. Code tit. 46, § LIV-391

Promulgated by the Department of Health and Hospitals, Board of Physical Therapy Examiners, LR 15:391 (May 1989), LR 19:208 (February 1993), amended by the Physical Therapy Board, LR 37:3061 (October 2011).

AUTHORITY NOTE: Promulgated in accordance with La R.S. 37:2405.B (10) and Act 535 of 2009.