La. Admin. Code tit. 46 § XLV-11135

Current through Register Vol. 50, No. 6, June 20, 2024

Section XLV-11135 - Rehearings

A. A recommended decision by the committee in a case of adjudication shall be subject to rehearing, reopening, or reconsideration by the committee pursuant to written motion filed with the committee within 10 days from service of the recommended decision on respondent. A motion for rehearing, reopening, or reconsideration shall be made and served in the form and manner prescribed by §11115 and shall set forth the grounds upon which such motion is based, as provided by §11135 B

B. The committee may grant rehearing, reopening, or reconsideration if it is shown that:

1. the recommended decision is clearly contrary to the law and the evidence;

2. the respondent has discovered since the hearing evidence important to the issues which he or she could not have with due diligence obtained before or during the hearing;

3. other issues not previously considered ought to be examined in order properly to dispose of the matter; or

4. there exists other good grounds for further consideration of the issues and the evidence in the public interest.

La. Admin. Code tit. 46, § XLV-11135

Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 22:199 (March 1996).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1311-1329 and 37:1270(A)(5).