La. Admin. Code tit. 42 § III-108
Current through Register Vol. 50, No. 6, June 20, 2024
Section III-108 - Board HearingsA.1. Any person against whom an administrative action is proposed, and any person against whom an enforcement action is taken, may request a hearing by filing a written request with the board. The request shall be filed within 10 days of service of the notice of proposed action, or within 10 days of the date the enforcement action is taken. All hearings requested, and any matter the board determines should be heard in a public hearing, shall be conducted in accordance with this Section.2. If service of the notice of proposed action cannot be made in accordance with, or service can be presumed to have been given in accordance with §109 of this Chapter, the hearing officer may conduct an ex-parte hearing on the merits upon petition by the division.B.1. A hearing will be conducted in accordance with procedural and evidentiary rules contained in the Administrative Procedure Act, R.S. 49:950 et seq., and the Louisiana Gaming Control Law, 1996 Acts, First Extraordinary Session, Number 7, enacting R.S. 27:1 et seq., and rules promulgated in accordance therewith.2. No discovery request shall be made within 20 days of the date scheduled for the hearing.3. Hearings may be conducted by hearing officers employed by or under contract with the board.C.1. Hearing requests shall be promptly docketed and scheduled for hearing.2. The requesting party shall be notified of the time, date and location of the hearing by certified mail or personal service. If notice of the hearing cannot be made by certified mail or personal service, the requesting party may be notified of the time, date and location of the hearing by United States Postal Service First Class mail or electronic means to the party's last provided physical or mailing or electronic mailing address.D.1. Testimony taken at a hearing shall be under oath.2. Depositions may be used at hearings as provided in the Administrative Procedure Act, R.S. 49:950 et seq.E. A copy of the hearing officer's decision shall be mailed to all parties within two business days of the date the decision is rendered.La. Admin. Code tit. 42, § III-108
Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 23:77 (January 1997), amended LR 24:2129 (November 1998), Amended LR 482359 (9/1/2022).AUTHORITY NOTE: Promulgated in accordance with R.S. 27:1 et seq.