La. Admin. Code tit. 46 § XXXV-1717

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

Section XXXV-1717 - Appeal of Board Decision

A. A petition by a party for reconsideration of hearing must be in writing and filed with the board within 15 days after receipt of the board's decision. The petition must set forth the grounds for rehearing which must be one of the following:

1. the board's decision is clearly contrary to the law and the evidence; or

2. there is newly discovered material evidence, which was not available to the licensee at the time of the hearing and which may be sufficient to reverse the board's action; or

3. there is a showing that issues not previously considered ought to be examined in order to render a decision which is just and fair; or

4. it would be in the public interest to further consider the issues and the evidence; or

5. in the interest of justice and fairness, consideration of the issue must be reheard.

B. If a petition for reconsideration (appeal) is denied, a party may proceed to seek judicial review of the decision.

C. Judicial review may be initiated by filing a petition in the appropriate district court within 30 days after mailing of notice of the decision of the hearing or rehearing.

La. Admin. Code tit. 46, § XXXV-1717

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.