Louisiana Administrative Code
Title 58 - RETIREMENT
Part V - Firefighters' Pension and Relief Fund for the City of New Orleans and Vicinity
Chapter 3 - Procedural Rules and Regulations of the Board of Trustees
Section V-307 - Hearing Procedures, Appeal, Oath, Testimony, Production of Records and Depositions
Universal Citation: LA Admin Code V-307
Current through Register Vol. 50, No. 9, September 20, 2024
A. Hearings before the Pension and Relief Committee
1. The Pension and Relief Committee shall
conduct a hearing in accordance with
R.S.
49:956 et seq. and these rules. The applicant
may represent himself or may be represented by an attorney or any other person
he may designate.
2. Depositions
may be used at the hearing conducted by the Pension and Relief Committee, in
accordance with
R.S.
49:956(6).
3. The Pension and Relief Committee, after
hearing all of the evidence and considering all of the facts presented, shall
then prepare a recommended decision which shall be submitted to the Board of
Trustees of the Firefighters' Pension and Relief Fund of the City of New
Orleans.
4. The recommended
decision of the Pension and Relief Committee shall be submitted to the board
within 60 days after the close of the hearing, unless, in the committee's
determination, intervening circumstances preclude such prompt determination.
The board of trustees shall meet to consider said recommendation, and all facts
and evidence offered in support thereof, and shall either adopt said
recommendation as its own or shall take such other action as it shall
determine. Said decision shall be decided within 30 days after the Pension and
Relief Committee submits its report, except where further documentation or
evidence is required by the board to enable it to reach a decision, or due to
any other unforeseeable circumstances. The applicant shall be notified of the
decision of the board of trustees by certified mail, return receipt
requested.
B. Oaths, Testimony, Production of Records and Depositions
1. The Pension and Relief Committee and each
member thereof may administer oaths, subpoena witnesses, and compel production
of books and papers pertinent to any investigation or hearing authorized by the
board, pursuant to
R.S.
49:956. All applications by the claimant for
the issuance of subpoenas must be in the hands of the secretary-treasurer of
the board of trustees in sufficient time to permit service prior to the date
established for the hearing.
2.
Whenever a party to a hearing now or hereafter pending before the board desires
to take the testimony of a witness who resides outside of the state or who
resides within the state but outside the parish of Orleans, or who is unable to
attend the hearing, the testimony of the witness, after due notice in writing
to the opposing counsel or his party, a copy of which said notice shall be
furnished to the Pension and Relief Committee, may be taken in a manner and
form as clearly consonant as possible with the provisions of the Louisiana Code
of Civil Procedure.
AUTHORITY NOTE: Promulgated in accordance with R.S. 11:3363.
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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