La. Admin. Code tit. 46 § XXV-941

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

Section XXV-941 - Miscellaneous Rules

A. Social workers have a continuing obligation to keep the board informed about their current addresses. Accordingly, if notice of an investigation, service of an administrative complaint, or notice of a hearing cannot be delivered by mail or by personal delivery, the board shall make reasonable efforts to contact the social worker and obtain the social worker's new address. If, after the board makes reasonable efforts to locate the social worker, notice or service cannot be made because the social worker cannot be located, then the board or any designated hearing panel is authorized to proceed with the investigation, complaint procedure, and adjudication of the complaint, notwithstanding the social worker's absence, lack of participation in the process, or failure to appear.

B. If the social worker receives due notice of an adjudication hearing and fails to appear and participate, and does not notify the board of good cause for the social worker's absence, the board and its designated hearing panel may proceed with the adjudication notwithstanding the social worker's absence.

C. If a social worker is unable to attend an adjudication hearing because the social worker is incarcerated as the result of the conviction of any criminal conduct recognized as a felony under either state or federal law, or is under federal detention subject to a removal or deportation order, the board and its designated hearing panel may proceed with the adjudication hearing after providing the incarcerated or detained social worker reasonable opportunity to participate in the hearing. That participation may be through legal counsel authorized to practice in this state, participation by telephone at the social worker's expense, and the opportunity to present evidence through deposition, affidavit, or such other reasonable means as the board and/or the hearing panel deems fair and appropriate.

D. Social workers who are subject to an investigation and/or are named as a respondent in an administrative complaint filed with the board are entitled to defend themselves with or without the benefit of legal counsel. If a social worker chooses not to defend and instead surrenders his/her license, certificate, provisional certificate, or registration at any time during an investigation, complaint or adjudication hearing, but prior to the hearing panel's decision thereon, the board will deem such surrender as an attempt to avoid the disciplinary process. The board will then subject the involved social worker to the revocation of the license, certificate, provisional certificate, or registration, or impose other sanction or disposition which the board deems appropriate, based on the information available to the board. Such board action may also impose restrictions on any subsequent application to the board which the involved social worker may make. Such restrictions may include restricting the social worker from making subsequent application for as much as five years following the surrender or resignation by the social worker. The board is also authorized to report in its newsletter a summary of the circumstances surrounding the social worker's surrender or resignation of license, certificate, or registration while under investigation or subject to an administrative complaint.

E. The board shall have authority to delegate to the CIO or the board administrator the investigation of any alleged violations of R.S. 37:2720 or prior to bringing any injunctive proceedings under R.S. 37:2721. Following the board's review of any investigation conducted thereon, the board shall contact the appropriate district attorney or bring injunctive proceedings through the attorney general, or both. Final authority for appropriate action rests solely with the board.

La. Admin. Code tit. 46, § XXV-941

Promulgated by the Department of Health and Hospitals, Board of Certified Social Work Examiners, LR 29:2397 (November 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2705.C.