La. Admin. Code tit. 46 § LXVI-709

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

Section LXVI-709 - The Final Decision of the Board

A. The board must determine whether the facts in the case support the charges brought against the licensee. It must determine whether the charges are a violation of R.S. 37:3219, the ethical standards of radiologic technology or other rules and regulations of the board.

B. Having considered the report of the hearing officer/panel and having reviewed the record of the proceedings, the board may affirm, adopt, modify, or reject the findings and recommendations of the hearing officer/panel or it may determine findings and recommendations of its own.

C. The boards decision must be accompanied by a statement of the reasons for the decision and must dispose individually of each issue of fact or law necessary from the hearing officer.

D. The vote of the board must be recorded and made a part of the decision. The decision of a majority of a quorum shall be adopted as the final decision of the board. A member of the board who serves as a hearing officer or on a hearing panel, shall not participate in the boards final decision with respect to the subject matter of such panel, nor shall said member be considered in determining a quorum for a vote on the final decision of the board.

E. The board may assess the licensee with the costs of the hearing.

F. The final decision shall be delivered to each party by registered or certified mail, return receipt requested.

G. The final decision shall be delivered within 30 days of the close of the hearing.

H. The final decision shall become effective 11 days after the receipt of notification of all parties, provided that there is no appeal. Publication shall be withheld until that date.

La. Admin. Code tit. 46, § LXVI-709

Promulgated by the Department of Health and Human Resources, Radiologic Technology Board of Examiners, LR 11:871 (September 1985), Amended by the Department of Health and Hospitals, Radiologic Technology Board of Examiners, LR 402263 (11/1/2014).

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