La. Admin. Code tit. 46 § LXXX-911

Current through Register Vol. 50, No. 12, December 20, 2024

Section LXXX-911 - Formal Hearing [Formerly Section 909]

A. The ADRA has the authority, granted by R.S. 37:3390.3 et seq., to bring administrative proceedings against persons holding or applying for any credential, specialty certification status or other recognition issued by ADRA.

B. The person has the right to appear and be heard, either in person or by counsel; the right of notice; a statement of what accusations have been made; the right to present evidence and to cross-examine; and the right to have witnesses subpoenaed. If the person does not appear, either in person or through counsel, after proper notice has been given, the person may be considered to have waived these rights and the ADRA may proceed with the hearing without the presence of the person.

C. Except for good cause shown, motions requesting a continuance of a hearing shall be in writing and shall be filed at least five days prior to the date set for the hearing. The motion shall state the reason for the request. The executive director shall grant or deny the request, in writing, within 24 hours. If the request is denied, written reasons for the denial shall be included.

D. The executive director issues subpoenas for the ADRA for disciplinary proceedings, and when requested to do so, may issue subpoenas for the other party.

E. The ADRA, compromised of a quorum of voting members, shall serve as administrative jury to hear and determine the disposition of the pending matter based on the finding(s) of fact and conclusion(s) of law by receiving evidence and reaching a decision and/or ordering sanctions with an affirmative majority record vote of ADRA members participating in the decision process.

F. Legal counsel to the ADRA shall prosecute the pending matter and bear the burden of proof to be presented to the ADRA.

G. An opening statement by legal or special counsel may present a brief position comment with an outline of evidence to be offered. Respondent or respondent's legal counsel may present an opening defense position statement.

H. Testimony shall be received under oath administered by the presiding hearing officer, the executive director, or other staff or board member designated by the hearing officer.

I. All parties shall be afforded an opportunity to present evidence on all issues of fact and argue on all issues of law and respond by direct testimony, followed with cross examination as may be required for a full and true disclosure of the facts. The direct presentation of evidence shall be introduced by the legal or special counsel and shall be followed by the respondent in proper person or by legal counsel by direct or cross-examination and/or rebuttal.

J. Witnesses may be directly examined and cross-examined. Additionally, witnesses and/or respondents may be questioned during an administrative hearing by members of the ADRA.

K. Closing arguments may be made by respondent in proper person or by legal counsel followed by closing arguments from prosecuting legal or special counsel.

L. A stenographic or audio recording of the hearing shall be made and upon payment by the requesting party a transcript kept on file with the ADRA.

M. The Chairman of the ADRA, or his or her designee, shall preside at the hearing.

La. Admin. Code tit. 46, § LXXX-911

Promulgated by the Department of Health and Hospitals, Office for Addictive Disorders, Addictive Disorder Regulatory Authority, LR 31:657 (March 2005), amended by the Department of Health and Hospitals, Addictive Disorder Regulatory Authority, LR 38:1023 (April 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3388.4(3) and La. R.S. 37:3390.3(B) and La. R.S. 37:3389(G).