Louisiana Administrative Code
Title 52 - ETHICS
Part I - Board of Ethics
Chapter 8 - Investigations
Section I-804 - Investigation; Procedure

Universal Citation: LA Admin Code I-804

Current through Register Vol. 49, No. 12, December 20, 2023

A. During the course of an investigation, subpoena duces tecums and subpoenas may be issued to a respondent or witness at the request of the staff of the investigative division of the board. The subpoena duces tecums and subpoenas shall be issued by the executive secretary of the board upon presentation of a factual basis alleging a nexus between the object of the subpoena duces tecum and evidence of a possible violation of a law under the jurisdiction of the board. The factual basis used to issue the subpoena shall be a confidential document pursuant to R.S. 42:1141.4(K) and shall not be dispensed to the public, respondent, or the recipient of the subpoena.

B. During the course of the investigation, interrogatories may be issued by the staff of the investigative division of the board.

C. Subpoenas, subpoenas duces tecum, and interrogatories may be served on a person in any of the following manners:

1. by personal service upon the person or his attorney of record by any law enforcement officer or agent of the board;

2. by domiciliary service upon a person of majority age at the residence of the person by any law enforcement officer or agent of the board;

3. by certified mail, return receipt requested to the person or his attorney of record; or

4. service may be waived by the person or his attorney of record.

D. The return of documents or testimony of a respondent or witness pursuant to a subpoena or subpoena duces tecum shall be made under oath administered by the board, a member of the board's staff or a court reporter.

Promulgated by the Department of Civil Service, Board of Ethics, LR 39:1415 June 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 42:1134(A).

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