This text of Louisiana § 49:980.1 (Board action rescission and expungement of adjudication records; procedure;) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§980.1. Board action rescission and expungement of adjudication records; procedure;
confidentiality
A.
(1)Notwithstanding any provision of law to the contrary, a person who holds or
has held an occupational license issued by a professional occupational license board created
under Title 37 of the Louisiana Revised Statutes of 1950 may request board action rescission
and expungement of adjudication proceeding records relative to board action resulting in an
adverse report to the National Practitioner Data Bank if the attorney general issues a written
opinion that the interpretation of law relied upon by the professional occupational licensure
board and which resulted in the adverse action was erroneous.
(2)Notwithstanding any provision of law to the contrary, a person who holds or has
held
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§980.1. Board action rescission and expungement of adjudication records; procedure;
confidentiality
A.(1) Notwithstanding any provision of law to the contrary, a person who holds or
has held an occupational license issued by a professional occupational license board created
under Title 37 of the Louisiana Revised Statutes of 1950 may request board action rescission
and expungement of adjudication proceeding records relative to board action resulting in an
adverse report to the National Practitioner Data Bank if the attorney general issues a written
opinion that the interpretation of law relied upon by the professional occupational licensure
board and which resulted in the adverse action was erroneous.
(2) Notwithstanding any provision of law to the contrary, a person who holds or has
held an occupational license issued by a professional occupational licensure board created
under Title 37 of the Louisiana Revised Statutes of 1950 may request board action rescission
and expungement of adjudication proceeding records relative to board adjudication
proceedings filed against the person in which it is alleged that the person violated one or
more provisions of law if at the conclusion of the adjudication proceedings there is no
finding that the person violated the law.
B.(1) A person who seeks expungement pursuant to this Section shall file with the
professional occupational licensure board a written request for board action rescission and
expungement setting forth the facts that demonstrate that the applicable requirements of
Subsection A of this Section are satisfied.
(2)(a) The professional occupational licensure board shall consider the request and
if the facts stated in the request demonstrate that the applicable requirements of Subsection
A of this Section are satisfied, the professional occupational licensure board shall enter into
an order rescinding the applicable board action and expunging the adjudication proceeding
records relative to the adverse action or proceedings. The professional occupational
licensure board may enter into a nondisciplinary stipulated order with the licensee to rescind
the adverse board action and expunge the related board records, which shall state the
provisions of Subsection A of this Section that authorize the board action rescission and
expungement.
(b) If the order of expungement involves records of the division of administrative
law, the professional occupational licensure board shall ensure that the order of expungement
is served on the director of the division of administrative law as soon as practicable after
issuance.
C.(1) Upon rescission of adverse board action and expungement of related records,
the board shall remove from public access all stipulations, agreed settlements, consent orders,
board orders, and adjudication proceeding records that are ordered to be expunged; however,
the records shall not be destroyed.
(2)(a) Expunged adverse actions and any related adjudication proceeding records
shall be privileged, confidential, are no longer considered public records, and shall not be
made available to any person or entity other than the professional occupational licensure
board.
(b) All records concerning a request to rescind adverse board action and expunge
board records shall be confidential and shall not be made available to any person or other
entity, except that such record shall be available to the professional occupational licensure
board.
D. The professional occupational licensure board shall submit a void report to any
third-party data bank to which the board action had been reported to stating that the action
of the board has been fully and unequivocally rescinded and that no record of violation exists
for the licensee as it relates to the board stipulation, agreed settlement, consent order, or
board order for the specific matter that was the subject of the rescission.