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Terms Used In Louisiana Revised Statutes 37:847

  • Board: means the Louisiana State Board of Embalmers and Funeral Directors. See Louisiana Revised Statutes 37:831
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Formal hearing: means a hearing as provided for in Louisiana Revised Statutes 37:831
  • Informal meeting: means a fact gathering session of the board as provided for in Louisiana Revised Statutes 37:831
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Quorum: The number of legislators that must be present to do business.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

A.  A quorum of the board or a committee of the board may take testimony concerning matters under its jurisdiction.  The board, through its presiding officer, may issue subpoenas to enforce the attendance of witnesses, and administer oaths to witnesses.  

B.  The board may hold an informal meeting to ascertain facts of an alleged violation of any provision of this Part.  The board may appoint one or more of its members who shall investigate the alleged violation and report their findings to the board.  The board may compel the appearance of parties to the alleged violation or witnesses to the alleged violation.  The board may, by majority vote, dismiss the complaint or call for a formal hearing.  

C.  If a formal hearing is called, parties to the alleged violation and complaint shall be present either voluntarily or by subpoena.  A proper legal record of the hearing shall be required in a manner legally accepted in judicial proceedings.  After hearing and reviewing the evidence presented, the board, within a reasonable time, shall render a decision and issue its decision and orders to all parties.  

Acts 1983, No. 454, §1