LAC 46: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.