La. Admin. Code tit. 46 § XL-709

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

Section XL-709 - Disciplinary Hearing; Procedure

A. If the special investigating entity's report or the board's review finds that there is sufficient evidence to indicate a possible violation of these rules or the home inspector licensing law, the board shall fix a time and place for a disciplinary hearing and give notice to the licensee and complainant. The disciplinary hearing shall be held in accordance with the adjudication provisions of the Administrative Procedure Act.

B. The notice required under §709. A shall:

1. include a statement of the time, place, and nature of the hearing;

2. include a statement of the legal authority under which the hearing is to be held;

3. include reference to the particular sections of the statutes and rules involved;

4. include a short and plain statement of the matters asserted; and

5. be sent by certified mail.

C. In all contested case hearings before the board, the chairman of the board shall serve as presiding officer. In the absence of the chairman, the vice chairman shall serve as presiding officer, or a presiding officer shall be selected by the board. No presiding officer of a hearing shall participate in the consideration or decision of the matter or confection of the board's decision, order or opinion.

D. No board member, committee member or employee serving as part of the special investigating entity shall participate in the consideration or decision of the matter or confection of the board's decision, order or opinion. However, any member of the special investigating entity may prosecute the case against the licensee or respondent.

La. Admin. Code tit. 46, § XL-709

Promulgated by the Department of Economic Development, Board of Home Inspectors, LR 26:2751 (December 2000), amended by the Office of the Governor, Board of Home Inspectors, LR 30:1695 (August 2004), LR 36:2863 (December 2010), Amended by Office of the Governor, Board of Home Inspectors, LR 431914 (10/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1475 and R.S. 37:1485.