La. Admin. Code tit. 46 § VII-1105

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

Section VII-1105 - Conduct of an Informal (Nonadversarial) Inquiry/Hearing

A. Informal Inquiry Procedures

1. The licensee shall be given adequate prior notice of the informal inquiry and possible hearing of the issues to be discussed. Adequate notice includes:

a. informing the licensee in writing that a complaint has been filed;

b. a short and plain statement of the nature of the complaint;

c. a reference to the particular sections of the statutes, rules and/or ethical standards of the board which appear to have been involved;

d. copies of the law and the rules and regulations of the board; and

e. a request for the licensee's cooperation in obtaining a full understanding of the circumstances which led to the allegation.

2. The licensee is requested to provide, within 30 days, a written statement giving the licensee's view of the situation which is the subject of the complaint so that the board may be cognizant of all relevant aspects of the case.

3. Evaluating the Findings of the Informal Inquiry. Upon receipt of a reply from the licensee, the board shall review the information and determine if a violation may have occurred, and if so, what standard(s) have been violated. If the determination of the board is that the issues raised by the complainant would constitute a violation of standards, the board shall then determine whether:

a. further investigation by correspondence is indicated;

b. further investigation by an informal hearing is indicated; or

c. institution of formal hearing procedures is indicated.

B. Informal Hearing Procedures. The board shall conduct informal hearings in executive session in accordance with the following.

1. It is expected that the licensee not have an attorney or other advisor present, although it is his right to do so.

2. Witnesses may be called, but are not placed under oath and no subpoenas are issued.

3. Statements made at the informal hearing may not be introduced at a formal hearing unless all parties consent.

4. No transcript of the informal hearing is made.

C. Evaluating the Finding of the Informal Hearing

1. If the board decides that the subject of the complaint is a violation of the standards, and the disciplinary proceedings are warranted, the board shall then determine whether:

a. the violation merits informal disposition; or

b. a formal hearing will be held.

2. The board, in determining for informal disposition, shall order actions such as:

a. a settlement between the person making the complaint and the licensee. This settlement shall be written, signed by the licensee and the complainant and submitted to the board within 30 days of the informal hearing;

b. a consent order describing the disciplinary action which will be taken. A consent order shall be signed by the licensee, the chairman, and vice-chairman of the board.

D. Refusal to Respond or Cooperate with the Board

1. If the licensee does not respond to the original inquiry within 30 days, a follow-up letter shall be sent to the licensee by registered or certified mail, return receipt requested.

2. If the licensee refuses to reply to the board's inquiry or otherwise cooperate with the board, the board shall continue its investigation. The board shall record the circumstances of the licensee's failure to cooperate and shall inform the licensee that the lack of cooperation may result in action which could eventually lead to the suspension or revocation of license, or other appropriate legal action under the law.

E. Withdrawal of Complaint. If the complainant wishes to withdraw the complaint, the inquiry is terminated, except in cases where the board judges the issues to be of such importance as to warrant completing the investigation in its own right and in the interest of the public welfare.

F. If, at any point in the informal proceedings described above, the board finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the board is hereby given authority to obtain a restraining order from a judge of the appropriate court to suspend the license pending formal hearing proceedings for revocation of license or other disciplinary action. This formal hearing shall be promptly instituted.

La. Admin. Code tit. 46, § VII-1105

Adopted by the Department of Labor, Board of Barber Examiners (July 1964), amended and promulgated LR 13:25 (January 1987), repromulgated by the Department of Employment and Training, Board of Barber Examiners, LR 17:356 (April 1991).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:381.