La. Admin. Code tit. 46 § XLV-9916

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

Section XLV-9916 - Discovery; Disclosure

A. After filing and notice of an administrative complaint has been served pursuant to §9905 of this Chapter:

1. the parties or their respective counsel shall, within the time frames established by the prehearing conference order, provide the other with a list of all witnesses and copies of all exhibits that may be offered as evidence at the adjudication hearing. Respondent shall also be provided a copy of any written or recorded statement he may have provided to the board and any exculpatory material the board may possess concerning the respondent;

2. subpoenas and subpoenas duces tecum may be requested pursuant to §9917 of these rules and discovery may be conducted in accordance with the Louisiana Administrative Procedure Act.

3. the records or files of the case regarding the complaint shall be made available to the respondent through full discovery and disclosed to the respondent at his or her request.

4. Any potential exculpatory evidence shall be disclosed to the respondent whether or not requested and whether or not reduced to recorded or documentary form.

La. Admin. Code tit. 46, § XLV-9916

Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 412630 (12/1/2015), Amended by the Department of Health, Board of Medical Examiners, LR 46341 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1270(B) and 37:1285.2.