LAC 46:LXXII.313. Investigation and Determination

A. Preliminary Review 1. The commission shall conduct a preliminary review of the grievance within 10 business days of grievance receipt. Additional documentation pertaining to the alleged violation may be requested from any party that has credible information, which may include the named defendant. Any party providing information has the right to remain anonymous during the preliminary review. 2. The commission shall refer the grievance to the board of commissioners, or their designated committee, for formal investigation and review if the grievance is supported by reliable information provided with the grievance, or can be verified independently. B. Investigative Review 1. Upon referral to the board of commissioners, or their designated committee, the accused party shall be contacted by the commission via certified mail with a copy of the written complaint, and shall request from the accused party a written answer to the said complaint. a. In addition to the written answer of the accused party, the accused party may be requested and/or shall have the right to appear in person to make any explanations or to give testimony in his/her defense. b. After investigation of the complaint concludes, a written report of findings of fact and opinion shall be filed with the commission. C. Formal Action 1. Final determination of recommended actions shall be made by the board of commissioners during their regularly scheduled quarterly meetings unless otherwise outlined in this Part. 2. In advance of making a final determination, the commission shall notify the defendant in writing by certified mail of the date in which the board will review the complaint, and their right to attend. a. In the event that the board of commissioners should seek the formal denial, suspension or revocation of registration of the accused party, the board shall: i. set a time, date and location for a public hearing via special session; ii. notify the accused party of the time, date and location of such public hearing via certified mail; iii. furnish the accused party with the specific charges of the complaint at least 30 days before such hearing, including the parties right to retain counsel at their own expense; iv. subpoena, compel the attendance and testimony of witnesses; v. employ a public stenographer to transcribe all testimony given at the hearing; vi. determine which evidence and testimony is relevant and make its determination no later than 60 days after the hearing; vii. render its decision and reasons in writing, a copy of which is to be sent via certified mail to the person who initiated the complaint, and to the accused; viii. final determinations shall be published on the commission’s website. 3. In the case of revocation or suspension, the commission shall update the individual’s registration status on the Louisiana Interpreter Registry no more than 10 days after final published determination.