LAC 46:LXXX.911. Formal Hearing [Formerly §909]

A. The ADRA has the authority, granted by R.S. 37:3390.3 et seq., to bring administrative proceedings against persons holding or applying for any practice credential, specialty certification, learning status or other recognition issued by ADRA. B. The person has the right to appear and be heard, either in person or by counsel; the right of notice; a statement of what accusations have been made; the right to present evidence and to cross-examine; and the right to have witnesses subpoenaed. If the person does not appear, either in person or through counsel, after proper notice has been given, the person may be considered to have waived these rights and the ADRA may proceed with the hearing without the presence of the person. C. Except for good cause shown, motions requesting a continuance of a hearing shall be in writing and shall be filed at least five days prior to the hearing date. The motion shall state the reason for the request. The executive director shall grant or deny the request in writing, within 24 hours. If the request is denied, written reasons for the denial shall be provided. D. The executive director issues subpoenas for the ADRA for disciplinary proceedings, and when requested to do so, may issue subpoenas for the other party. E. Testimony shall be received under oath administered by the presiding hearing officer, the executive director, or other staff or board member designated by the hearing officer. F. Witnesses may be directly examined and cross-examined and questioned during an administrative hearing by board members.