La. Admin. Code tit. 46 § LIV-396

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

Section LIV-396 - Reconsideration of Decisions [Formerly Section 337]

A. A petition by a party seeking reconsideration or rehearing must be in proper form and filed within ten days after notification of the board's decision. The petition shall set forth the grounds for the rehearing, which shall include one or more of the following:

1. the board's decision is clearly contrary to the law and evidence;

2. there is newly discovered evidence by the party since the hearing which is important to the issues and which the party could not have discovered with due diligence before or during the hearing;

3. there is a showing that issues not previously considered ought to be examined in order to dispose of the case properly; or

4. it would be in the public interest to review and further consider the issues and the evidence.

B. The board's decision to grant or deny a requested reconsideration of its decision is final and not subject to review or appeal.

C. The board shall reconsider a matter when ordered to do so when the case is remanded for reconsideration or rehearing by a court to which the board's decision has been appealed.

La. Admin. Code tit. 46, § LIV-396

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 37:3062 (October 2011), Amended by the Department of Health, Physical Therapy Board, LR 471139 (8/1/2021).

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