§ 37:2557 — Suspension of certificate; hearings; procedure

Louisiana § 37:2557

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§2557. Suspension of certificate; hearings; procedure
A.(1) The board shall have the power to suspend or revoke, for any cause hereinafter
specified, any certificate issued hereunder, provided that such revocation or suspension
receives the affirmative vote of at least six members of such board. The causes for
suspending or revoking a certificate shall consist of one or more of the following:
(a) Conviction of a felony.
(b) Repealed by Acts 2024, No. 644, §2.
(c) Fraud, dishonesty, corruption, willful violation of duty, or gross incompetency
in the practice of the profession.
(d) Failure to satisfy and complete the continuing education requirements as set forth
by the board for two consecutive years.
(e) Failure to restrict the practice of court reporting to the system under which a
certificate holder is certified.
(f) Failure to comply with regulations promulgated by the board pursuant to the
Administrative Procedure Act.
(2) For all investigations hereunder, each board member is empowered to administer
oaths and affirmations, subpoena witnesses, and take evidence anywhere in the state of
Louisiana, after giving reasonable notices to all persons involved. The board shall not be
required to comply with rules of evidence applicable to the courts of Louisiana. In its
conduct of investigations, the board shall comply with requirements of the Administrative
Procedure Act.
B. The Board of Examiners of Certified Shorthand Reporters may upon its own
motion and shall upon the verified complaint in writing of any person setting forth facts
which if proved would constitute grounds for refusal to issue or renew, or suspension or
revocation of any such certificate, investigate the actions of any person applying for, holding,
or claiming to hold any such certificate, or any person practicing court reporting as defined
in this Chapter without first having obtained a certificate hereunder. At the commencement
of any such investigation, notice shall be provided to any person subject to the investigation
and shall provide the nature and subject of the investigation. Neither the board nor its
members, individually or in their official capacities, shall be liable for undertaking such an
investigation or for subsequent actions when acting in good faith under this Chapter.
C. The board shall, at least ten days prior to the date set for the hearing, notify in
writing the applicant for, or holder of, any such certificate, or any person practicing court
reporting as defined in this Chapter without first having obtained a certificate hereunder, of
any charges made, and shall afford the accused person the opportunity to be heard in person
or by counsel in reference thereto. The written notice may be served by delivering it
personally to the accused person or by mailing it by registered or certified mail to the accused
person's last address of record. At the time and place fixed in the notice, the board shall
proceed to hear the charges. The accused person, the complainant, and a representative of
the board shall have an opportunity to present in person, or by counsel, such matters as may
be pertinent to the charges and to any defense thereto. The board may continue such hearing
from time to time and from place to place as may be necessary or proper.
D. If an application for any certificate or renewal thereof is refused, or if any
certificate is suspended or revoked, or any person be adjudged to be practicing court
reporting as defined in this Chapter without first having obtained a certificate, the board shall
notify the applicant thereof or holder thereof, in writing, of its decision and the reasons for
such action.
E. Nothing in this Part shall be construed as depriving any party to whom the board
has refused to issue, or has refused to renew, a certificate or whose certificate has been
suspended or revoked, of the right to appeal to any court of competent jurisdiction, within
thirty days after such refusal, suspension or revocation.
F. At any time after the suspension or revocation of any such certification, the board
may restore it to the accused person without examination, but only at an official meeting of
the board, after written notice, and by vote of a majority of the members of the board present
and voting.
G. The board through its chairman or other designated member, may, in its
discretion, in addition to, or in lieu of, the action set forth in this Part, apply to any court of
competent jurisdiction for a writ of injunction to restrain violation of the provisions of this
Chapter, and each violation of the injunction shall be considered as a contempt of court and
punished accordingly.
{{NOTE: SEE ACTS 1986, NO. 365, §4.}}

Legislative History

Acts 1970, No. 456, §1; Acts 1976, No. 645, §1; Acts 1983, No. 612, §1; Acts 1986, No. 365, §1, eff. Jan. 1, 1987; Acts 1990, No. 286, §1; Acts 1990, No. 940, §1, eff. July 25, 1990; Acts 1993, No. 908, §1, eff. June 23, 1993; Acts 2014, No. 839, §1; Acts 2024, No. 644, §2.