La. Admin. Code tit. 43 § I-113

Current through Register Vol. 50, No. 6, June 20, 2024

Section I-113 - Adjudication Notice ; Hearing ; Records

A. All hearings shall be public and shall be conducted by the secretary or a presiding officer designated by the secretary to conduct the hearings.

B. The secretary shall fix the time and place for the hearing. All hearings shall be held in a convenient place, accessible to the public, in the city of Baton Rouge. If the secretary deems that the interests of the secretary or any person or party, or the location of the parties or witnesses, or the ends of justice so require, the hearing may be held in any other convenient place of public accessibility within the state.

C. Any hearing may for valid cause be continued by the secretary or the presiding officer.

D. Parties shall have the right, but shall not be required, to be represented by counsel. Any such counsel must be duly licensed to practice law in the state of Louisiana, or be associated in the hearings with such duly licensed counsel.

E. In an adjudication, all parties who do not waive their rights shall be afforded an opportunity for hearing after reasonable notice.

F. The notice will include:

1. a statement of the time, place and nature of the hearing;

2. a statement of the legal authority and jurisdiction under which the hearing is to be held;

3. a reference to the particular sections of the statutes and rules involved;

4. a short and simple statement of the matters asserted;

5. the date on which any person who may object to the matters asserted must present to the secretary a written objection. A written objection shall contain a short and simple statement of the basis of the objection.

G. If the secretary or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application or request, a more definite and detailed statement shall be furnished.

H. Opportunity wild be afforded to all parties to timely respond and present evidence on all issues of fact, and argument on all issues of law and policy involved, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

I. Unless precluded by law, informal disposition may be made, at any time, of any case of adjudication by stipulation, agreed settlement, consent order or default.

J. The record in a case of adjudication shall include:

1. all pleadings, motions and intermediate rulings;

2. all evidence received or considered, or a rÉsumÉ thereof if not transcribed;

3. a statement of matters officially noticed, except matters so obvious that statement of them would serve no useful purpose;

4. offers of proof, objections and rulings thereon;

5. proposed findings and conclusions and exceptions thereto;

6. any decision, opinion or report by the officer presiding at the hearing.

K. The secretary shall make a full transcript of all proceedings and shall, at the request of any party or person, furnish said party or person with a copy of the transcript or any part thereof upon payment of the cost thereof.

L. Findings of fact will be based exclusively on the evidence and on matters officially noticed.

La. Admin. Code tit. 43, § I-113

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 5:356 (November 1979).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:354(A).