Current through Register Vol. 50, No. 9, September 20, 2024
A. Notice of
Hearing. The notice of hearing shall comply with the requirements of
R.S.
32:785(B)(2).
B. Service of Notice. The notice of hearing
shall be served:
1. by a compliance
investigator on the licensee either personally or at its place of business on
the licensee's employee (if service is made in this manner, the compliance
investigator shall sign the acknowledgment of service); or
2. through the office by certified or
registered mail (the return receipt shall serve as acknowledgment of
service);
3. the return of service
shall be filed into the case record.
C. Discovery. The Louisiana Code of Civil
Procedure, Articles 1420 et seq., shall apply to all requests of discovery.
Discovery shall be timely and give a reasonable opportunity to
respond.
D. Preliminary Motions and
Exceptions. No preliminary motions or exceptions shall be considered by the
Commission unless filed five days prior to the hearing.
E. Subpoenas
1. Subpoenas shall be issued in accordance
with R.S.
32:785(B)(3).
2. Subpoenas may be issued for the purpose of
assisting in the investigation of any alleged violation or dispute which is
before the commission.
3. Subpoenas
for the attendance of witnesses, and/or for the furnishing of information
required by the commission and/or for the production of evidence of records of
any kinds shall be issued by the executive director.
4. Subpoenas shall be served by a compliance
investigator either personally or by certified mail or registered mail. A
return shall be placed in the record designating the manner and date of service
as well as the oath the person making the service.
5. Any party to a hearing desiring the
attendance of witnesses upon his behalf shall have the right to seek compulsory
attendance of such witnesses and the production of relevant documents provided
said party has filed a list of names and addresses with the commission at least
10 days prior to the date that the testimony expected to be taken.
6. The party requesting the issuance of a
subpoena shall deposit with the executive director a sum consistent with R.S.
13.3661(B) to cover the costs of the issuance of the subpoena.
F. Conduct and Order of the
Hearing
1. The chairman of the commission
shall preside over the conduct of the hearing and may set a reasonable time for
the presentation of a matter depending on the nature of the case and the
complexity of the issues.
2. The
chairman may in his discretion sequester witnesses.
3. The chairman shall make rulings on
evidentiary matters keeping in mind that the commission shall not be bound by
the technical rules of the evidence and may admit material and relevant
evidence. The principles underlying the Louisiana Code of Evidence shall serve
as a guide to the admissibility of evidence in hearings before the commission.
The specific exclusionary rules and other provisions shall be applied only to
the extent that they tend to promote the purposes of proceedings before the
commission.
4. The hearing shall
begin with any stipulation as to the facts or issues.
5. The chairman shall direct the order of
witness examination.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
32:785.