§3449. Denial, revocation, or suspension of license
A. The board, by affirmative vote of at least four of its five members, shall withhold,
deny, revoke, or suspend any license issued or applied for in accordance with the provisions
of this Chapter or otherwise discipline a licensed professional vocational rehabilitation
counselor upon proof that the applicant or licensed professional vocational rehabilitation
counselor:
(1)Has been convicted in a court of competent jurisdiction of a felony that the board
finds is directly related to the practice of rehabilitation counseling pursuant to R.S. 37:2950.
(2)Has violated the code of ethics adopted by the board.
(3)Is using any narcotic or any alcoholic beverage to an extent or in a manner
dangerous to any other person or the public, or to an
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§3449. Denial, revocation, or suspension of license
A. The board, by affirmative vote of at least four of its five members, shall withhold,
deny, revoke, or suspend any license issued or applied for in accordance with the provisions
of this Chapter or otherwise discipline a licensed professional vocational rehabilitation
counselor upon proof that the applicant or licensed professional vocational rehabilitation
counselor:
(1) Has been convicted in a court of competent jurisdiction of a felony that the board
finds is directly related to the practice of rehabilitation counseling pursuant to R.S. 37:2950.
(2) Has violated the code of ethics adopted by the board.
(3) Is using any narcotic or any alcoholic beverage to an extent or in a manner
dangerous to any other person or the public, or to an extent that said use impairs his ability
to perform the work of a licensed rehabilitation counselor.
(4) Has impersonated another person holding a professional vocational rehabilitation
counselor license or allowed another person to use his license.
(5) Has used fraud or deception in applying for a license or in taking an examination
provided for in this Chapter.
(6) Has allowed his name or license issued under this Chapter to be used in
connection with any person who performs rehabilitation counseling services outside of the
area of his training, experience, or competence.
(7) Is legally adjudicated mentally incompetent, the record of such adjudication being
conclusive evidence thereof.
(8) Has willfully or negligently violated any of the provisions of this Chapter.
B. Notice of denial, revocation, suspension, or disciplinary action shall be sent to the
applicant or licensee by registered mail or personal service setting forth the particular reasons
for the proposed action and fixing a date at which time the applicant or licensee shall be
given an opportunity for a prompt and fair hearing. The written notice shall be sent to the
person's last known address, but the nonappearance of the person shall not prevent such a
hearing. For the purpose of such hearing, the board may subpoena persons, books, and
papers, on its own behalf or on behalf of the applicant or licensee who, may appear by
counsel or personally in his own behalf.
C. On the basis of any hearing or upon default of applicant or licensee, the board
shall make a determination specifying its findings of fact and conclusions of law. A copy
of such determination shall be sent by registered mail or served personally upon the applicant
or licensee. The decision of the board denying, revoking, or suspending the license shall
become final thirty days after being mailed or served unless within said period the applicant
or licensee appeals the decision as provided by the Administrative Procedure Act. No such
appeal while pending appropriate court action shall supersede such denial, revocation, or
suspension. All proceedings and evidence presented at hearings before the board may be
admissible during appellate proceedings.
D. Every order and judgment of the board shall take effect immediately on its
promulgation unless the board in such order or judgment fixes a probationary period for the
applicant or licensee. Such order and judgment shall continue in effect until expiration of
any specified time period or termination by a court of competent jurisdiction. The board
shall notify all licensees of any action taken against a licensee and may make public its orders
and judgments in such manner and form as it deems proper.
E. The board may suspend the license of a licensed rehabilitation counselor for a
period not exceeding two years. At the end of this period, the board shall re-evaluate the
suspension and may recommend to the chairman the reinstatement or revocation of the
license. A person whose license has been revoked under the provisions of this Section may
apply for reinstatement after a period of not less than two years from the date such denial or
revocation is legally effective. The board may, upon favorable action by a majority of the
board members present and voting, recommend such reinstatement.