La. Admin. Code tit. 33 § I-347

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-347 - Discovery

A. Prehearing Exchange

1. Prior to completing discovery, all parties shall exchange or allow inspection of the items listed below:

a. all exhibits to be offered during the adjudicatory hearing except those to be offered solely for purposes of rebuttal or impeachment;

b. lists of witnesses to be called at the adjudicatory hearing (except those for purposes of rebuttal or impeachment) designating fact and expert witnesses and a concise statement of the nature of each witness's testimony;

c. lists of matters to be officially noticed; and

d. curriculum vitae for expert witnesses listed.

2. The duty imposed by this Subsection shall be ongoing; the parties shall supplement the exchange as may be necessary.

3. Failure to participate in said exchange in the manner required may result in limitation of use of the witnesses or other items at a hearing.

B. In the interest of administrative economy, the parties shall first attempt to obtain discovery by agreement or through the Public Records Act, R.S. 44:1 et seq.

C. Subject to the provisions of this Section, discovery shall be only by depositions of witnesses, within or without the state, and requests for production of documents and things. These forms of discovery may be utilized in the same manner as provided by law for civil actions regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action or which appears reasonably calculated to lead to admissible evidence.

D. A request for a subpoena duces tecum or for production of documents and things shall describe with reasonable particularity the items requested. The requesting party shall provide written reasons why the burden of obtaining the items through R.S. 44:1 et seq., outweighs the burden to the department in producing the items pursuant to the discovery request.

E. Notwithstanding any other provisions of this Section, upon application of any party, the presiding officer, for good cause, may:

1. issue any order necessary to protect a party or person from annoyance, embarrassment, oppression, disclosure of confidential information, or undue burden or expense; and

2. allow forms of discovery other than depositions and requests for production of documents and things.

La. Admin. Code tit. 33, § I-347

Promulgated by the Department of Environmental Quality, Office of the Secretary, Administrative Hearings Division, LR 21:560 (June 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.