La. Admin. Code tit. 46 § XXXV-1715

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXXV-1715 - Final Decision of the Board

A. The board must determine whether the facts in the case support the charges brought against the licensee. It must determine whether the charges are a violation of R.S. 37:3051-3077 the Ethical Standards of Electrologist or other rules and regulations of the board.

B. The board accepts a proposed order from the hearing officer setting for the findings of facts and conclusions in whole or in part. Any board member not present at the hearing must revise the record prior to such decision.

C. The decision must be accompanied by a statement of the reasons for the decisions and must dispose individually of each issue of fact or law necessary from the hearing officer.

D. The board's decision shall be based on the evidence and the proposed decision from the hearing officer.

E. The vote of the board shall be recorded and made a part of the decision. A simple majority vote must be obtained in order for an ethics violation to be judged to have occurred.

F. The board determines the sanctions appropriate and consistent with the law. The board may decide rather than to revoke or suspend a license, to censure the licensee. The vote for censure is a simple majority vote.

G. The final decision of the board shall be delivered to each party by registered or certified mail, return receipt requested.

H. The final decision of the board shall be delivered within 30 days of the close of the hearing.

I. The final decision of the board shall become effective 15 days after the receipt of notification of all parties, provided that there is no appeal. Publication shall be withheld until that date.

La. Admin. Code tit. 46, § XXXV-1715

Promulgated by the Department of Health and Hospitals, Board of Electrolysis Examiners, LR 17:778 (August 1991), repromulgated LR 19:1144 (September 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3051.