La. Admin. Code tit. 46 § XLIV-5901

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

Section XLIV-5901 - Investigation Procedures

A. The board shall designate a member to serve as complaint investigative officer (CIO) to review and investigate complaints.

B. Each complaint shall be submitted to the CIO. Once a complaint is received, the CIO or the CIO's designated representative will initiate a review and investigation of the allegations. After the investigation the CIO may make a determination to dismiss the complaint or proceed to informal hearing.

C. At any point during the investigation the CIO may resolve the matter by consent agreement, which agreement must be submitted to the board for review and action.

D. The CIO shall place a formal disciplinary hearing on the board agenda for a regular board meeting or may request that a special board meeting be scheduled to consider a disciplinary matter if the investigation by the CIO disclosed any of the following:

1. a complaint is sufficiently serious to require formal adjudication;

2. failure of the licensee and/or applicant to respond to the CIO's correspondence concerning the complaint;

3. failure to resolve all issues through a consent agreement; or

4. refusal of the licensee and/or applicant to comply with the recommended remedial action.

E. When placing a disciplinary matter on the board agenda for hearing, the CIO shall submit to the board in brief concise language, a statement providing a description of the matter and the recommended disciplinary action, without making any reference to the particulars of the investigation or any finding of fact or conclusions of law arrived at during the investigative process.

F. At no time shall the CIO investigate any case as authorized by the board or this Section wherein said officer has any personal or economic interest in the outcome of the investigation or is personally related to or maintains close friendships with the complainant or the licensee. In such event, the CIO shall immediately notify the board, which shall have authority to appoint an "ad hoc" CIO for disposition of that case.

La. Admin. Code tit. 46, § XLIV-5901

Promulgated by the Department of Health and Hospitals, Board of Massage Therapy, LR 20:1002 (September 1994), repromulgated LR 20:1111 (October 1994), amended LR 32:1239 (July 2006), LR 39:1776 (July 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3551 et seq., and R.S. 37:3555 et seq.