La. Admin. Code tit. 46 § LXVI-705

Current through Register Vol. 50, No. 9, September 20, 2024

Section LXVI-705 - Informal Proceeding/Consent Order

A. Informal Proceeding

1. The allegation(s) against a licensee may be concluded through informal proceedings without the necessity of a formal hearing if the board chair and/or designee does not deem the allegation(s) to be sufficiently serious to necessitate the convening of a formal hearing. The informal resolution of the allegation(s) may be accomplished through correspondence between the executive director and the licensee; by conference of the executive director and the licensee; or by consent order between the licensee and the board.

2. The executive director shall be authorized by the board to propose a recommended consent order to the licensee which would outline the details of disciplinary action between the parties as a consequence of the allegations.

B. The proposed consent order offered by the board through its executive director shall not be deemed as absolute and final until such time as the board ratifies the provisions of the said order.

C. A consent order between the board and the licensee or prospective licensee shall describe the disciplinary action which will be taken. The consent order shall be signed by the licensee or prospective licensee, and two board members.

D. If a matter is not concluded by informal proceedings and a formal hearing is deemed necessary by the board chair and/or designee, a formal hearing shall be initiated pursuant to the provisions of §707 A, et seq.

E. If, at any point during investigation or during informal/formal proceedings as described herein, the board finds that public health, safety, or welfare imperatively requires emergency actions, the board is hereby authorized to immediately suspend the license of the licensee during the course of the proceedings. If the board decides to institute a formal hearing, the hearing shall be promptly instituted and conducted at the board's next scheduled hearing date.

La. Admin. Code tit. 46, § LXVI-705

Promulgated by the Department of Health and Human Resources, Radiologic Technology Board of Examiners, LR 11:869 (September 1985), amended by the Department of Health and Hospitals, Radiologic Technology Board of Examiners, LR 19:1433 (November 1993), LR 29:182 (February 2003), LR 402262 (11/1/2014), Amended by the Department of Health, Radiologic Technology Board of Examiners, LR 422189 (12/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3207(6).