La. Admin. Code tit. 40 § IV-115

Current through Register Vol. 50, No. 8, August 20, 2024

Section IV-115 - Conduct of Hearing before Administrative Law Judge

A. The administrative law judge shall preside over the hearing. All testimony shall be given under oath or affirmation. The administrative law judge shall have the right to question and cross-examine all witnesses. Each party to the appeal, or their representatives, shall have the right to question their own witnesses and to cross-examine the opposing parties and witnesses.

B. Only testimony pertinent to the issue involved in the appeal shall be admitted by the administrative law judge.

C. Technical rules of evidence need not be complied with so long as all parties are given an opportunity to fully present their case.

D. Hearsay testimony is admissible, but may only be considered by the administrative law judge in making his decision to substantiate or corroborate other direct evidence.

E. Expunged criminal records shall not be deemed admissible evidence.

La. Admin. Code tit. 40, § IV-115

Promulgated by the Department of Labor, Office of Employment Security, LR 15:486 (June 1989), amended by the Department of Employment and Training, Office of Employment Security, LR 17:37 (January 1991).

AUTHORITY NOTE: Promulgated in accordance with Act 97 of 1936 as amended.