Louisiana Revised Statutes 17:3140.6 – Denial of license; hearings; appeal
Terms Used In Louisiana Revised Statutes 17:3140.6
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Board of Regents. See Louisiana Revised Statutes 17:3140.1
- Commission: means the Advisory Commission on Proprietary Schools. See Louisiana Revised Statutes 17:3140.1
- 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.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- 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.
A.(1) If the commission recommends the denial of a license, the applicant shall be notified in writing no later than five business days after the recommendation.
(2) An applicant who is recommended for a denial of a license may, within fourteen business days after receipt of notice of the denial, file with the commission a request for a hearing before the commission at its next regular meeting. If a hearing is requested, the matter shall not be presented to the board until the hearing is held by the commission. The applicant may appear in person or by counsel and may present evidence in support of the granting of the license. Any interested person may appear and present oral and documentary evidence to the commission concerning the issuance of a license to the applicant. Strict rules of evidence shall not apply.
(3) The commission shall issue a statement not later than seven business days after the hearing giving reasons for its recommendation that a license be granted or denied.
(4) A school may continue to operate until a final determination has been made regarding the issuance or denial of its license.
B. If the board receives a recommendation from the commission that a license be denied, the applicant may provide a written request for a public hearing before the board at the time the recommendation is considered. If the board denies a license without a public hearing, the applicant may request a hearing at the next meeting of the board.
C. An applicant for a license who is dissatisfied with the ruling of board after public hearing may file a written appeal to the district court for the parish in which the applicant resides within ninety days after receipt of a notice of the final determination of the board. Written notice of the appeal shall be served on the presiding officer of the board, stating the reasons therefor.
D. A new license shall not be issued to a school if any owner of the school has been or is an owner of a proprietary school that failed to make student tuition refunds in the manner provided by the tuition refund guidelines and any applicable provisions of state and federal law or regulation.
Acts 2019, No. 437, §1.