La. Admin. Code tit. 46 § XXXVIII-307

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

Section XXXVIII-307 - Application Eligibility Determination; Criminal Convictions; Right to hearing

A. When determining whether an applicant's criminal conviction directly relates to the EMS profession generally or the specific type of EMS license type, permit, or eligibility sought, the commission shall consider the factors set forth in §306.C of this Part.

B. The bureau may utilize any "deferred decision matrix" or similar document setting forth guidelines approved by the commission in making an initial presumptive determination concerning whether an applicant's criminal conviction directly relates to the EMS profession generally or the specific type of EMS license type, permit, or eligibility sought.

C. Any applicant who is determined by the bureau to be presumptively ineligible, based upon the bureau's application of a deferred decision matrix (or similar guidance document approved by the commission) or otherwise, shall be entitled to a hearing ("appeal") before the commission concerning such determination, at which the applicant may present testimony, documentation, or evidence relevant to each of the factors set forth in §306.C of this Part concerning the conviction upon which the presumptive ineligibility is based.

La. Admin. Code tit. 46, § XXXVIII-307

Promulgated by the Department of Health, Office of Public Health, Bureau of Emergency Medical Services, LR 50250 (2/1/2024), Amended LR 50992 (7/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1131.1(E), R.S. 40:1133.1(A), R.S. 40:1133.5(9), R.S 40:1133.16(D), and R.S. 40:2017.10.