2006 Louisiana Laws - RS 28:570 — Notice of reasons for nonrenewal or revocation of license; review; hearing

§570.  Notice of reasons for nonrenewal or revocation of license; review; hearing

A.  The Department of Health and Hospitals may deny an application for a license, refuse to renew a license, or revoke an outstanding license when it finds, after investigation, that the applicant or licensee is in nonconformance with or in violation of the provisions of R.S. 28:569; provided that in all such cases the department shall furnish the applicant or licensee thirty calendar days written notice specifying reasons for the action.

B.  Any applicant or licensee who is adversely affected by the action of the department in denying, refusing to renew, or revoking a license may, within thirty calendar days after the date of notice required in Subsection A of this Section is received by him, appeal suspensively from the action of the department by filing in the office of the Secretary of the Department of Health and Hospitals within such thirty-day period a written request addressed to the secretary requesting a hearing.  The appeal or request for a hearing shall specify in detail the reasons for the lodging of the appeal and how the appellant is adversely affected by the action of the department.

C.  When any appeal authorized by Subsection B of this Section is received by the secretary, he shall conduct a hearing on the appeal within a reasonable period of time and the hearing shall be held at a place to be designated by the secretary.  Within thirty days after the hearing, he shall render a written opinion on the issues presented at the hearing.  The written decision or opinion shall be subject to review upon request.  

D.  The secretary shall have power to administer oaths and to subpoena witnesses on behalf of the department of any party in interest and compel the production of books and papers pertinent to any investigation or hearing.  The secretary is not subject to assume any expenses incurred by an appellant's involvement in an appeal.  The secretary must keep full and complete records of the appeal procedure, including the complete testimony of the appellant and his witnesses.  Any person having been served with a subpoena who fails to appear in response to the subpoena or fails or refuses to answer any question or fails to produce any books or papers pertinent to any investigation or hearing, or who knowingly gives false testimony therein, shall be guilty of a misdemeanor and upon conviction shall 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 both.  Appellant may be represented by counsel.  

Added by Acts 1978, No. 641, §1.