Louisiana Revised Statutes 17:3140.9 – A. Based on information gathered from its investigation of complaints as provided in this Chapter, the commission shall determine whether a violation of the provisions of this Chapte
Terms Used In Louisiana Revised Statutes 17:3140.9
- Board: means the Board of Regents. See Louisiana Revised Statutes 17:3140.1
- Commission: means the Advisory Commission on Proprietary Schools. See Louisiana Revised Statutes 17:3140.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Solicitor: means a person who solicits business for a proprietary school or who offers to sell or sells in this state any instruction or course of instruction offered by a proprietary school. See Louisiana Revised Statutes 17:3140.1
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. Based on information gathered from its investigation of complaints as provided in this Chapter, the commission shall determine whether a violation of the provisions of this Chapter or rules of the board has occurred. The commission shall send a notice of the violation to the school or to the solicitor specifying the violation, the remedy proposed, and the procedure by which an administrative hearing may be requested.
B. For purposes of an investigation or hearing, the commission may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records which the commission deems relevant or material to the investigation or hearing.
C. If a party fails or refuses to obey a subpoena or to comply with a request for information, the board or the commission may make application to the Nineteenth Judicial District Court which shall have jurisdiction to issue an order requiring the party involved to appear before the board, to produce evidence, or to give testimony touching on the matter under consideration. Any failure to obey an order of the court may be punished by the court as contempt.
D. Following an opportunity for a hearing, the commission shall transmit its findings and recommendations to the board. The board shall review the findings and recommendations of the commission and shall render a written decision. The board shall consider the record of proceedings conducted before the commission and may accept, reject, or modify the recommendations of the commission and may provide for corrective action including but not limited to restitution orders and fines, which fines shall not exceed five hundred dollars per violation.
E. Any party aggrieved by any decision or order of the commission or board may seek judicial review.
F. No cause of action shall exist against any student who in good faith makes a complaint, cooperates in the investigation by the commission, or participates in judicial proceedings and each student shall have immunity from civil or criminal liability that might otherwise be incurred or imposed. This immunity from liability shall not extend to any person who makes a complaint known to be false or with reckless disregard for the truth of the complaint.
Acts 2019, No. 437, §1.