La. Admin. Code tit. 46 § XXXIV-901

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

Section XXXIV-901 - Proceedings

A. The board, through its compliance officer, may investigate, mediate, or initiate enforcement action or legal proceedings on behalf of the board with respect to charges initiated or information received by the board alleging that a non-licensee committed or engaged in any of the acts or offenses listed in R.S. 37:3474.2.

B. Enforcement action is instituted by the board, acting through its compliance officer, filing charges against any non-licensee who commits or engages in any of the acts of offenses listed in R.S. 37:3474.2.

C. Within 20 days of the boards filing of charges, the board shall mail a copy of said charges to the last known address of the non-licensee so charged.

D. All charges shall be heard by the board within 12 months after the date on which filed. This 12-month period may be extended for good cause shown.

E. The date, time and place for said hearing shall be fixed by the board and a copy of the charges, together with a notice of the date, time and place of the hearing, shall be personally served on or mailed to the last known address of the charged party, at least 30 days before the date fixed for hearing. At any hearing, the charged party shall have the right to appear in person, or by counsel, or both, to cross-examine witnesses in his defense, and to produce evidence and witnesses in his defense. If the charged party fails or refuses to appear at the hearing, the board may proceed to hear and determine the validity of the charges.

F. If, after such hearing, a majority of the board participating in the proceeding vote in favor of sustaining the charges, the board may take enforcement action against the charged party.

G. A charged party aggrieved by any enforcement action taken by the board may appeal therefrom, pursuant to the provisions of the Administrative Procedure Act.

H. All enforcement actions taken shall be published in the official journal of the board and may be released to other boards, agencies, or professional organizations relating to wholesale drug distribution, or to the news media.

I. The board, through its compliance officer, may make informal disposition by consent order, agreement, settlement, or default of any enforcement proceeding pending before it. Each such informal disposition shall have no force of effect until ratified by the board. Consent orders are considered enforcement actions.

La. Admin. Code tit. 46, § XXXIV-901

Promulgated by the Department of Health and Hospitals, Board of Wholesale Drug Distributors, LR 36:321 (February 2010).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3461-3482.