La. Admin. Code tit. 46 § LIII-329

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

Section LIII-329 - Formal Hearing

A. Authority. The board shall provide a formal administrative hearing pertaining to the proprietary rights or privilege to practice pharmacy, or operate a pharmacy, or hold a certificate or registration, in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., with authority to take disciplinary action pursuant to R.S. 37:1241 of the Pharmacy Practice Act.

B. Ex-Parte Communication. Once a formal hearing has been initiated and notice served, board members participating in the decision process shall not communicate with a respondent or a respondent's attorney concerning any issue of fact or law involved in the formal hearing.

C. Notice. A formal disciplinary public proceeding may be initiated upon proper notice to a respondent and held at a designated time and place based upon the following grounds:

1. violation-sufficient evidence or a serious complaint of an alleged violation to require a formal hearing shall be directed to legal or special counsel for administrative prosecution to justify a formal hearing; or

2. failure to respond-a failure by the respondent to respond to the violations committee informal inquiry; or

3. irresolvable issues-a violations committee informal hearing fails to resolve all issues and requires further formal action; or

4. irreconcilable issues-an interlocutory hearing fails to resolve all pertinent pending issues thus requiring further formal action; or

5. reaffirmation-reaffirmation of an interlocutory decree; or

6. requirement-a formal administrative hearing requirement.

La. Admin. Code tit. 46, § LIII-329

Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 14:708 (October 1988), effective January 1, 1989, amended LR 29:2080 (October 2003), effective January 1, 2004.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1182.