Louisiana law limits boards’ recovery of legal costs from licensees

A board cannot collect its later attorney fees and costs from a licensee who meets the law’s test for prevailing. This rule covers disciplinary cases brought by professional or occupational boards against licensees. It overrides a board rule or practice only when that rule or practice is less favorable to the licensee. A licensee prevails if the case ends without an adverse finding after the licensee makes a written offer, or if the final result is no more severe than that offer. The text compares suspension, probation, and fines; for combined suspension and probation, one day of suspension counts as 15 days of probation. The limit applies to the board’s attorney fees and costs incurred after the written offer.

Boards must notify named licensees in writing within six months and hold required hearings within six months after hearing notice. These rules concern complaints filed with professional or occupational boards and licensees specifically named in them. The notice rule covers a licensee specifically named in a complaint. The hearing deadline can be interrupted by procedural motions or paused during certain related legal actions. These deadlines do not apply to the medical, dentistry, funeral and embalmers, speech-language and audiology, pharmacy, nursing, social work, physical therapy, and practical nurse boards, or to certified public accountants. The hearing deadline also does not apply to the engineering and land surveying board or the architectural board. The notice period starts when the complaint is filed; the hearing period starts when notice of the hearing is given.

The text sets deadlines for starting disciplinary cases, based on the type of complaint. These deadlines cover disciplinary cases brought by professional or occupational boards and commissions. For negligence, gross negligence, or an intentional act or omission, a case must start within two years after discovery and no later than five years after the act or omission. For fraud, the limit is two years after discovery; for a license or rules violation, it is five years after the act or omission. A special law may apply instead. These deadlines do not apply to the medical, dentistry, funeral and embalmers, speech-language and audiology, pharmacy, nursing, social work, physical therapy, and practical nurse boards, or to certified public accountants. The deadlines run from discovery or from the act or omission, depending on the complaint.