Louisiana Revised Statutes 37:779 – Filing of administrative complaint or charge; appointment of committee to hear charge; quorum
Terms Used In Louisiana Revised Statutes 37:779
- Board: means the Louisiana State Board of Dentistry. See Louisiana Revised Statutes 37:751
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Oath: A promise to tell the truth.
- Quorum: The number of legislators that must be present to do business.
- source: includes but is not limited to an insurance company, dental health maintenance organization, a dental preferred provider organization, Medicaid, dental discount company, or any other thirty party. See Louisiana Revised Statutes 37:775
A. Any administrative complaint or charge for a violation of this Chapter shall be made under oath either by the secretary-treasurer or any member of the board, noticed and docketed for hearing, and submitted to the president of the board, who shall appoint a committee of three or more members of the board to hear the administrative complaint or charge. The president and the member of the board making the charge or residing in the same board electoral district as the individual charged shall be ineligible to sit as a member of the committee. The president shall designate the time and place of the hearing.
B. Where the charge is made by a citizen, he should state to the secretary-treasurer, or any member of the board, the source of his information and the grounds of his belief, and the secretary-treasurer, a member, an inspector, or any agent of the board shall substantiate the charge by determining that the citizen is informed and has reasonable cause to believe that the charge is true; after which an administrative complaint or charge may be issued, and noticed and docketed for hearing by the board, as set forth in Subsection A of this Section.
C. At any hearing held pursuant thereto, a majority of the committee shall constitute a quorum and an affirmative vote by a majority of the committee members present shall be required for any disposition, action, or decision at the conclusion of the hearing.
D. For purposes of this Chapter and Section, a hearing shall be the same as an adjudication defined under the Administrative Procedure Act.
Acts 1991, No. 504, §1, eff. July 15, 1991; Acts 1995, No. 920, §1; Acts 2018, No. 206, §3.