La. Admin. Code tit. 41 § II-413

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

Section II-413 - Hearing Procedures

A. General. Unless the service member demands trial by court-martial within the decision period, the imposing commander may proceed with the hearing. Located at Appendix A of this Regulation is a "Suggested Guide for Conduct of Non-judicial Punishment Proceedings." The major functional subdivisions of the hearing consist of the following:

1. consideration of evidence, written or oral, against the service member.

2. examination of available evidence by the service member.

3. presentation by service member of testimony of available witnesses or other matters, in defense, extenuation, and/or mitigation.

4. determination of guilt or innocence by the imposing commander.

5. imposition of punishment or termination of the proceedings;

6. explanation of right to appeal.

B. Not Adversarial Proceedings. Article 15 proceedings, unlike courts-martial, are not adversarial in nature. Thus, no "examination" or "cross-examination" of witnesses is permitted by the service member or his spokesperson unless authorized by the imposing commander. The Military Rules of Evidence, other than with respect to privileges, do not apply at non-judicial punishment proceedings. Any relevant matter may be considered, after proper notification to the service member of the information against him and relating to the offense(s) alleged and allowing the service member opportunity to examine documents or physical objects against him that are being considered by the non-judicial punishment authority.

C. Open/Closed Hearings. Ordinarily, hearings are open. Though the service member may request that his hearing be open or closed, that decision rests solely within the discretion of the imposing commander. An "open hearing" is a hearing open to the public, but does not require the commander to hold the proceeding in a location different from that in which he conducts normal business, i.e., the commander's office.

La. Admin. Code tit. 41, § II-413

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2363 (November 2009).

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