La. Admin. Code tit. 43 § I-115

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

Section I-115 - Rules of Evidence; Official Notice; Oaths and Affirmations; Subpoenas; Deposition and Discovery

A. In adjudication proceedings:

1. the secretary or presiding officer will admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs, and will give effect to the rules and privileges recognized by law. The secretary or presiding officer will exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. Objection to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

2. all evidence, including records and documents in the possession of the secretary of which he desires to avail himself, shall be offered and made a part of the record, and all such documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. In case of incorporation by reference, the materials so incorporated shall be available for examination by the parties before being received in evidence;

3. notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the secretary's specialized knowledge. Parties will be notified either before or during the hearing, or by reference to preliminary reports or otherwise, of the material to be noticed, including any staff memoranda or data, and they will be afforded an opportunity to contest the admissibility of the material to be noticed. The secretary's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.

B. The secretary or the presiding officer appointed by the secretary conducting a proceeding subject to these rules and regulations shall have the power to administer oaths and affirmations, regulate the course of the hearings, and the time and place of continued hearings, fix the time for filing of briefs and other documents, and direct the parties to appear and confer to consider simplification of the issues.

C. The secretary or the secretary's presiding officer shall have power to sign and issue subpoenas in the name of the secretary requiring attendance and giving of testimony by witnesses and the production of books, papers and other documentary evidence. No subpoena will be issued until the party who wishes to subpoena the witness first deposits with the secretary, a sum of money sufficient to pay all fees and expenses to which a witness in a civil case is entitled pursuant to R.S. 13:3661 and 3671. Witnesses subpoenaed to testify before the secretary only to an opinion founded on special study or experience in any branch of science, or to make scientific or professional examinations and to state the results thereof, shall receive such additional compensation from the party who wishes to subpoena such witnesses, as may be fixed by the secretary with reference to the value of the time employed and the degree of learning or skill required. Whenever any person summoned under this Section neglects or refuses to obey such summons, or to produce books, papers, records, or other data, or to give testimony, as required, the secretary may apply to the judge of the District Court for the district within which the person so summoned resides or is found, for an attachment against him as for a contempt. The provisions of this Part shall not be applicable as to the deposit of sums sufficient to pay all fees and expenses to which a witness in a civil suit is entitled pursuant to R.S. 13:3661 and 3671 when the party requesting production complies with the provisions of the Louisiana Code of Civil Procedure applicable to the waiver of costs for indigents (Articles 5181 through 5188).

D. The presiding officer of the secretary, or any party to a proceeding before him may take the depositions of witnesses, within or without the state of Louisiana, in the same manner as provided by law for the taking of depositions in civil actions in courts of record. Depositions so taken shall be admissible in any proceeding affected by these rules or the Administrative Procedure Act. The admission of such depositions may be objected to at the time of hearing and may be received in evidence or excluded from evidence by the presiding officer in accordance with the rules of evidence provided in these rules and regulations.

E. The secretary may adopt rules providing for discovery to the extent and in the manner appropriate to its proceedings.

La. Admin. Code tit. 43, § I-115

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).