La. Admin. Code tit. 41 § II-404

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

Section II-404 - Persons Who May Impose Non-judicial Punishment

A. General. Non-judicial punishment may be imposed by any commanding officer, provided that a superior commander has not restricted or withheld his authority to impose punishment on certain categories of military personnel or offenses (e.g. officers, senior NCO's, drug offenses, etc.) For special rules, see paragraph 4-7 and Figure 4-1.

B. Delegation. The authority given to a commander under Article 15 is an attribute of command and cannot be delegated except as follows:

1. The Adjutant General may delegate his authority under Article 15 to an Assistant Adjutant General.

2. The authority delegated may only be exercised when the delegate is senior in rank to the person punished. A delegate need not, when acting as a superior authority on an appeal, be senior in rank to the imposing commander.

3. A delegation of authority shall be in writing, and unless limited by its terms, the officer to whom this authority is granted may exercise any power that is possessed by the officer who delegated the authority.

4. Notification that the delegation has been terminated should be made in writing.

La. Admin. Code tit. 41, § II-404

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2360 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).