LAC 46:XXV.1011. Consideration of Recommended and Provisional Dismissals; Declining Prosecution

A. The administrator or prosecuting officer may recommend that a complaint be dismissed at any time prior to final adjudication. Recommendations for dismissal by the administrator or the prosecuting officer and provisional dismissals for withdrawn complaints pursuant to §1056 must be reviewed by a board member and considered by the board prior to final dismissal. Complaints rejected by the administrator pursuant to §1010(B) are exempt from the procedures in this Section. B. Prior to each regular meeting of the board, the chairperson shall designate one or more board members, on a rotating basis, to review all recommendations for dismissal and applicable provisional dismissals since the previous regular board meeting. The administrator will forward all complaint files recommended for dismissal or provisionally dismissed to the board member designated for review. C. For recommended dismissals, the reviewing board member shall evaluate the complaint file to ensure that the dismissal recommendation is sound and is appropriately based in law and fact. The reviewing board member may also review any recommended remedial or educational measures, or the lack thereof, for appropriateness. D. If the reviewing board member concurs with the recommendation that a complaint be dismissed, the board member shall make an oral report to the board and personally move for the complaint’s dismissal at the next regular board meeting following review. E. If the reviewing board member disagrees with the recommendation that a complaint be dismissed, the board member shall make an oral report to the board outlining the nature of the disagreement and recommend that the complaint be returned to the administrator for prosecution. If, after a complaint is returned to the administrator under this subsection, the prosecuting officer nevertheless declines to prosecute the complaint, the prosecuting officer shall file a written notice with the board and provide the reasons for declining prosecution. F. The standard for provisional dismissals based on withdrawn complaints is stated in §1056. G. When a board member reviews a recommended or provisional dismissal under this Section, the board member shall not sit on a hearing panel adjudicating that complaint without the consent of the respondent.