2006 Louisiana Laws - RS 37:2557 — Suspension of certificate; hearings; procedure

§2557.  Suspension of certificate; hearings; procedure

A.(1)  The board shall have the power to suspend or revoke, for any cause hereinafter specified, any certificate issued hereunder, provided that such revocation or suspension receives the affirmative vote of at least six members of such board.  The causes for suspending or revoking a certificate shall consist of one or more of the following:

(a)  Conviction of a felony.

(b)  Conviction of a misdemeanor involving moral turpitude.

(c)  Fraud, dishonesty, corruption, willful violation of duty, or gross incompetency in the practice of the profession.

(d)  Failure to satisfy and complete the continuing education requirements as set forth by the board for two consecutive years.

(e)  Failure to restrict the practice of court reporting to the system under which a certificate holder is certified.

(f) Failure to comply with regulations promulgated by the board pursuant to the Administrative Procedure Act.

(2)  For all investigations hereunder, each board member is empowered to administer oaths and affirmations, subpoena witnesses, and take evidence anywhere in the state of Louisiana, after giving reasonable notices to all persons involved.  The board shall not be required to comply with rules of evidence applicable to the courts of Louisiana.  In its conduct of investigations, the board shall comply with requirements of the Administrative Procedure Act.

B.  The Board of Examiners of Certified Shorthand Reporters may upon its own motion and shall upon the verified complaint in writing of any person setting forth facts which if proved would constitute grounds for refusal to issue or renew, or suspension or revocation of any such certificate, investigate the actions of any person applying for, holding, or claiming to hold any such certificate, or any person practicing court reporting as defined in this Chapter without first having obtained a certificate hereunder. Neither the board nor its members, individually or in their official capacities, shall be liable for undertaking such an investigation or for subsequent actions when acting in good faith under this Chapter.

C.  The board shall, at least ten days prior to the date set for the hearing, notify in writing the applicant for, or holder of, any such certificate, or any person practicing court reporting as defined in this Chapter without first having obtained a certificate hereunder, of any charges made, and shall afford the accused person the opportunity to be heard in person or by counsel in reference thereto.  The written notice may be served by delivering it personally to the accused person or by mailing it by registered or certified mail to the accused person's last address of record.  At the time and place fixed in the notice, the board shall proceed to hear the charges.  The accused person, the complainant, and a representative of the board shall have an opportunity to present in person, or by counsel, such matters as may be pertinent to the charges and to any defense thereto. The board may continue such hearing from time to time and from place to place as may be necessary or proper.

D.  If an application for any certificate or renewal thereof is refused, or if any certificate is suspended or revoked, or any person be adjudged to be practicing court reporting as defined in this Chapter without first having obtained a certificate, the board shall notify the applicant thereof or holder thereof, in writing, of its decision and the reasons for such action.

E.  Nothing in this Part shall be construed as depriving any party to whom the board has refused to issue, or has refused to renew, a certificate or whose certificate has been suspended or revoked, of the right to appeal to any court of competent jurisdiction, within thirty days after such refusal, suspension or revocation.

F.  At any time after the suspension or revocation of any such certification, the board may restore it to the accused person without examination, but only at an official meeting of the board, after written notice, and by vote of a majority of the members of the board present and voting.

G.  The board through its chairman or other designated member, may, in its discretion, in addition to, or in lieu of, the action set forth in this Part, apply to any court of competent jurisdiction for a writ of injunction to restrain violation of the provisions of this Chapter, and each violation of the injunction shall be considered as a contempt of court and punished accordingly.

Acts 1970, No. 456, §1; Acts 1976, No. 645, §1; Acts 1983, No. 612, §1; Acts 1986, No. 365, §1, eff. Jan. 1, 1987; Acts 1990, No. 286, §1; Acts 1990, No. 940, §1, eff. July 25, 1990; Acts 1993, No. 908, §1, eff. June 23, 1993.

{{NOTE:  SEE ACTS 1986, NO. 365, §4.}}