§ 37:711.23 — Disciplinary proceedings against licensees and certificate holders; procedure

Louisiana § 37:711.23

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§711.23. Disciplinary proceedings against licensees and certificate holders; procedure
A. The board shall have the power to take disciplinary action against any licensee
or certificate holder found by the board to be guilty of any of the following acts or offenses:
(1) Any fraud, deceit, material misstatement, or perjury or the giving of any false or
forged evidence in applying for a license or certificate, or in taking any examination, or in
applying for any renewal license or certificate provided for in this Chapter.
(2) Any fraud, deceit, gross negligence, material misrepresentation, gross
incompetence, or gross misconduct in the practice of geoscience.
(3) Conviction of a felony or entry of a plea of guilty or nolo contendere to a felony
charge under the laws of the United States or any state, territory, or district of the United
States.
(4) Conviction of any crime or entry of a plea of guilty or nolo contendere to any
criminal charge an element of which is fraud or which arises out of such person's practice of
geoscience.
(5) Conviction of any civil or criminal violation of, or entry of a plea of guilty or
nolo contendere to any criminal charge under the Louisiana Campaign Finance Disclosure
Act or any other campaign finance or practices laws of the state of Louisiana, the United
States, or any state, territory, or district of the United States.
(6) Violation of any provision of this Chapter or any rules or regulations adopted and
promulgated by the board, in accordance with the Administrative Procedure Act.
(7) The refusal of the licensing authority of another state, territory, or district of the
United States to issue or renew a license, permit, or certificate to practice geoscience, or the
revocation or suspension or other restriction imposed on a license, permit, or certificate
issued by such licensing authority, on grounds other than nonpayment of a licensure fee, or
a finding by such licensing authority that a person has engaged in the unlicensed practice of
geoscience, provided that the reason for the action taken by the other licensing authority was
recognized by the Louisiana board as a ground for disciplinary action at the time the action
was taken.
(8) Providing false testimony before the board.
(9) Using a seal or stamp or engaging in any other act constituting the practice of
geoscience, or violating any order or terms of probation imposed by the board, at a time
when his license or certificate is suspended or revoked, or at a time when his license or
certificate has been expired for more than ninety days or at a time when he is retired, or when
his status as a board licensee is inactive.
(10) Failure to provide, within thirty calendar days of receipt of notice by certified
mail, information requested by the board relating to charges preferred by the board alleging
a violation of this Chapter.
(11) The use of any advertising or solicitation which is false or misleading.
(12) Aiding or assisting another person in violating any provision of this Chapter or
any rule or regulation adopted and promulgated by the board, in accordance with the
Administrative Procedure Act.
(13) Knowingly making or signing false statements, certificates, or affidavits in
connection with the practice of geoscience.
(14) Declaration of insanity or incompetence by a court of competent jurisdiction.
(15) Presenting or attempting to use as one's own the license, certificate, seal, or
stamp of another person.
(16) Using or attempting to use an expired, inactive, retired, or revoked license or
certificate.
(17) Falsely impersonating any other licensee or certificate holder of like or different
name.
(18) Practicing or offering to practice geoscience when not qualified.
(19) Violation of or noncompliance with any order, ruling, or decision of the board.
B. For purposes of this Chapter, the term "disciplinary action" shall include but not
be limited to reprimand, probation, suspension, revocation of license or certificate, or refusal
to renew license or certificate.
C. Charges may be preferred against any licensee or certificate holder in the
following manner:
(1) The board, on its own initiative and by a majority vote of its entire membership
authorized to participate in a proceeding, may prefer charges against any licensee or
certificate holder who commits or engages in any of the acts or offenses listed in Subsection
A of this Section.
(2) The board, on receipt of a complaint from any person and by majority vote of the
board's entire membership authorized to participate in a proceeding, may prefer charges
against any licensee or certificate holder who commits or engages in any of the acts or
offenses listed in Subsection A of this Section. Such complaint shall be in writing, shall be
sworn to by the person or persons making the complaint, and shall be filed with the board.
The board shall not act upon anonymous complaints.
D. Within twenty days of the board's preferral of charges, the board shall mail a copy
of the charges to the last known address of the licensee or certificate holder so charged.
E. In the event the board determines after investigation that charges so preferred are
completely unfounded, more appropriately resolved outside the formal disciplinary
proceedings, or not within the jurisdiction of the board, the board shall so advise the charged
party, in writing, of its determination. Otherwise, all charges shall be heard by the board or
a hearing committee designated by the board within twelve months after the date on which
they shall have been preferred. This twelve-month period may be extended with the consent
of both the board and the charged party.
F. The date, time, and place for said hearing shall be fixed by the board or the
hearing committee and a copy of the charges, together with a notice of the date, time, and
place of the hearing, shall be personally served on or mailed to the last known address of the
charged party, at least thirty days before the date fixed for hearing. At any hearing, the
charged party shall have the right to appear in person, or by counsel, or both, to
cross-examine witnesses in his defense, and to produce evidence, and witnesses in his
defense. If the charged party fails or refuses to appear at the hearing, the board or the hearing
committee may proceed to hear and determine the validity of the charges.
G. If, after such hearing, a majority of the entire board membership authorized to
participate in the proceeding vote in favor of sustaining the charges, the board may take
disciplinary action against the charged party. Any charges found by the board after a hearing
to be unfounded shall be published in the official journal of the board, if requested in writing
by the charged party.
H. A charged party aggrieved by any disciplinary action taken by the board may
appeal therefrom, pursuant to the provisions of the Administrative Procedure Act.
I. In addition to any other action, the board may assess all reasonable costs incurred
in connection with a disciplinary proceeding, including investigators', stenographers', and
attorney fees in conjunction with any other disciplinary action taken. The assessment of
costs may be considered disciplinary action.
J. All disciplinary actions taken shall be published in the official journal of the board
and may be released to other professional organizations relating to geoscience, or to the news
media.
K. The board may make informal disposition by consent order, agreement,
settlement, or default of any disciplinary proceeding pending before it. Each such informal
disposition shall have no force or effect unless ratified by the board at its next regular
meeting. Consent orders may be considered disciplinary actions.
L. The board may establish a complaint review committee to investigate, mediate,
or initiate disciplinary or legal proceedings on behalf of the board with respect to charges
preferred or information received by the board alleging that a licensee or certificate holder
committed or engaged in any of the acts or offenses listed in Subsection A of this Section.
The complaint review committee shall consist of at least one member of the board.
M. The board, for reasons it may deem sufficient, may reissue or reinstate a license
or certificate to any person whose license or certificate has been revoked, if a majority of the
entire board membership authorized to participate in the proceeding vote in favor of such
reissuance or reinstatement.

Legislative History

Acts 2010, No. 974, §1, eff. Jan. 1, 2011; Acts 2012, No. 308, §1, eff. May 25, 2012; Acts 2024, No. 644, §1.