§ 40:2009.7 — Notice of reasons for nonrenewal or revocation of license; review;

Louisiana § 40:2009.7

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§2009.7. Notice of reasons for nonrenewal or revocation of license; review;
hearing
A. The secretary of the Louisiana Department of Health may deny an
application for a license or refuse to renew a license, or may revoke an
outstanding license, when he finds after investigation that the applicant or
licensee is in nonconformance with or in violation of the provisions of R.S.
40:2009.6; provided that in all such cases, the secretary shall furnish the
applicant or licensee thirty calendar days' written notice specifying reasons for
the action.
B. The secretary, in a written notice of denial, nonrenewal, or
revocation of a license shall notify the applicant or licensee of his right to file
a suspensive appeal with the office of the secretary within thirty calendar days
from the date the notice required in Subsection A of this Section is received
by him. This appeal or request for a hearing shall specify in detail reasons why
the appeal is lodged and why the appellant feels aggrieved by the action of the
secretary.
C. When any appeal authorized by Subsection B of this Section is
received by the secretary, if timely filed, he shall appoint an impartial three
member board to conduct a hearing on the appeal at such time and place as
such members deem proper, and after such hearing to render a written opinion
on the issues presented at the hearing. The written decision or opinion of a
majority of the members conducting the hearing shall constitute final
administrative action on the appeal.
D. Any member of said board or the secretary shall have power to
administer oaths and to subpoena witnesses on behalf of the board or any party
in interest and compel the production of books and papers pertinent to any
investigation or hearing authorized by this Chapter, provided that in all cases
witness fees and transportation and similar hearing costs shall be paid by the
appellant or by the Louisiana Department of Health if the appellant is found
innocent of charges. Any person having been served with a subpoena who
shall fail to appear in response to the subpoena or fail or refuse to answer any
question or fail to produce any books or papers pertinent to any investigation
or hearing or who shall knowingly give false testimony therein shall be guilty
of a misdemeanor and shall upon conviction be punished by a fine of not less
than one hundred dollars nor more than five hundred dollars or by
imprisonment of not less than one month nor more than six months, or by both
such fine and imprisonment.

Legislative History

Added by Acts 1958, No. 188, §1. Amended by Acts 1977, No. 680, §10; Acts 1986, No. 655, §1.