Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part LXX - River Pilots
Subpart 6 - Board of Louisiana River Pilot Review and Oversight
Chapter 152 - Board of Louisiana River Pilot Review and Oversight
Subchapter B - Powers and Duties
Section LXX-15225 - Evidentiary Issues
Universal Citation: LA Admin Code LXX-15225
Current through Register Vol. 50, No. 9, September 20, 2024
A. Considering the purpose of the board and the Boards of Commissioners or Examiners is to regulate state commissioned pilots and not to determine issues of liability or negligence, certain prohibitions concerning the use of its reports and testimony from their members and employees are hereby adopted:
1. The discovery of and admissibility as
evidence in a civil proceeding of the reports of the board or the Board of
Commissioners or Examiners (other than in an administrative proceeding
initiated by the board or the Board of Commissioners or Examiners) involving a
state commissioned pilot is prohibited. The term "reports" includes findings of
fact, opinions, recommendations, deliberations, and conclusions.
2. The use of any form of discovery,
including depositions of members of the board or the Board of Commissioners or
Examiners, its employees, investigators, counsel, and prosecutors, and the
compelling or allowing of their testimony in any civil or administrative
proceeding relevant to the performance of their duties is prohibited, their
testimony is not admissible, and the report is not considered the report of an
expert.
3. The board and the Board
of Commissioners or Examiners, as well as its members, employees,
investigators, counsel, and prosecutors may enforce these provisions by means
of injunctive relief.
4. If the
court grants injunctive relief as sought by the board and the Board of
Commissioners or Examiners, or any of its members, employees, investigators,
counsel, and prosecutors, the court may award to the board, the Board of
Commissioners or Examiners, or any of its members, employees, investigators,
counsel, or prosecutors attorneys fees and costs incurred against the party
attempting to use the information prohibited in
R.S.
34:1135.N.1.
AUTHORITY NOTE: Promulgated in accordance with R.S. 34:1135.N.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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