La. Admin. Code tit. 37 § XI-1127

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

Section XI-1127 - Order of Procedure at Hearing

A. As nearly as may be, hearings shall be conducted in accordance with the following order of procedure.

1. The commissioner shall announce that the hearing is convened upon the call of the docket number and title of the matter and case to be heard, and thereupon the commissioner shall direct the reading into the record of the petition or formal notice given, together with appearances made by any respondent or respondents, and shall note, for the record, all subpoenas issued and the returns thereon and all appearances of record, including counsel of record.

2. The applicant shall thereupon proceed to present his evidence. Witnesses may be cross-examined by the respondent or respondents. All exhibits offered by and on behalf of the applicant shall be marked by letters of the alphabet beginning with "A".

3. The respondent or respondents shall, in the order of answers or appearances made, be heard in the same manner as the applicant's evidence, witnesses and exhibits have been heard and presented. Each respondent's exhibits shall be marked separately so as to identify the respective respondent and numbered commencing with the number "1".

4. Opening statements may be permitted and rebuttal evidence presented at the discretion and order of the commissioner.

5. Closing statements, at the conclusion of the presentation of evidence, may be made by the applicant and by the respondent. The time for oral argument may be limited by the commissioner.

6. The commissioner or hearing officer may adjourn any hearing pursuant to R.S. 22:1356.

7. After all proceedings have been concluded, the commissioner shall dismiss and excuse all witnesses and declare the hearing closed. Any party who may wish or desire to tender written briefs of law to the commissioner may do so within reasonable time limits fixed by the commissioner or hearing officer.

La. Admin. Code tit. 37, § XI-1127

Promulgated by the Department of Insurance, Commissioner of Insurance, February 12, 1973.

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:2 and R.S. 22:1351-1367.