La. Admin. Code tit. 46 § VIII-604

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

Section VIII-604 - Formal Hearing

A. The purpose of a formal hearing is to determine contested issues of law and fact; whether the person did certain acts or omissions and, if he/she did, whether those acts or omissions violated the Louisiana Behavior Analyst Licensing Act, the rules and regulations of the board, the code of ethics of the behavior analysts, or prior final decisions and/or consent orders involving the licensed behavior analyst or applicant for licensure and to determine the appropriate disciplinary action.

B. If, after completion of its investigation, the board determines that the circumstances may warrant the withholding, denial, revocation or suspension of a behavior analyst's license or assistant's certificate, the board shall initiate a formal hearing.

C. The formal hearing shall be conducted in accordance with the adjudication procedures set forth in the Louisiana Administrative Procedure Act.

D. Upon completion of the adjudication hearing procedures set forth in the Louisiana Administrative Procedure Act, the board shall take such action, as it deems appropriate on the record of the proceeding. Disciplinary action under R.S. 37:3712 requires the affirmative vote of at least four of the members of the board.

E. The form of the decision and order, application for rehearing and judicial review shall be governed by the provisions of the Louisiana Administrative Procedure Act.

F. The board shall have the authority at anytime to determine that a formal hearing should be initiated immediately on any complaint. The complaint and investigation procedures set forth above shall not create any due process rights for a respondent who shall be entitled only to the due process provided under the Louisiana Administrative Procedure Act.

La. Admin. Code tit. 46, § VIII-604

Promulgated by the Department of Health and Hospitals, Behavior Analyst Board, LR 401932 (10/1/2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3704 and R.S.37:3712.