Louisiana Administrative Code
Title 35 - HORSE RACING
Part I - General Provisions
Chapter 3 - General Rules
Section I-302 - Ex Parte Communications

Universal Citation: LA Admin Code I-302

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

A. Commissioners shall not communicate ex parte with any licensee, applicant for license, or licensee's representative on the merits of matters in which the commission may make findings of fact, conclusions of law or otherwise render a final agency decision, except upon notice and opportunity for all parties to participate. This rule is not intended to prohibit communications relating to procedure, the disposition of ex parte matters, such as requests for hearing or on matters of regulatory policy not the subject of a pending adjudication.

B. Any member of the commission engaging in ex parte communications with any licensee, applicant for licensee, or licensee's representative on the merits of an adjudication pending before the commission shall withdraw from participating in any adjudicative hearing, discussion or deliberation on these matters. Adjudication pending shall mean any matter which has been the subject of a stewards' investigation, action or ruling brought before the commission as an appeal or by referral to be finally determined before judicial relief may be sought.

AUTHORITY NOTE: Promulgated in accordance with R.S. 4:141, R.S. 4:148 and R.S. 49:960.

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