Louisiana Administrative Code
Title 7 - AGRICULTURE AND ANIMALS
Part XXIX - Horticulture Commission
Chapter 1 - Horticulture
Section XXIX-103 - Enforcement
Universal Citation: LA Admin Code XXIX-103
Current through Register Vol. 50, No. 3, March 20, 2024
A. Hearings
1. Investigative hearings shall be for the
purpose of investigating alleged violations of the Horticulture Law Law or
regulations promulgated by the commission.
2. Investigative hearings may be held upon
the call of the commission. Such hearings may be held in any part of the
state.
3. The chairman, the
secretary, a member designated by the chairman, or a hearing officer designated
by the commission who need not be a member of the commission, shall preside at
investigative hearings. All witnesses shall be sworn or shall make
affirmation.
4. Investigative
hearings conducted by the commission shall be open to the general
public.
5. If the commission
determines that evidence or testimony at an investigative hearing may tend to
defame, degrade, or incriminate any person, it shall afford such person, upon
request, an opportunity to appear as a witness; receive and dispose of requests
from such persons to subpoena additional witnesses; and afford such person, or
his attorney, upon request the opportunity to examine or cross-examine
witnesses.
6. The director of the
horticulture commission, upon approval of the chairman or secretary, is
authorized to sign subpoenas which require the attendance and giving of
testimony by persons who may possess any knowledge concerning any offense under
investigation at an investigative hearing or for investigative purposes. The
subpoena shall set forth reasonable grounds therefore, and shall order the
person to appear at a designated time and place. The director may also order
the issuance of a subpoena duces tecum as described above.
7. Whenever any person summoned under this
regulation neglects or refuses to obey such summons or to produce books,
papers, records or other data, or to give testimony as required, the commission
may apply to the judge of the district court for the district within which the
person so summoned resides or is found, for an attachment against him as for a
contempt.
8. A subpoena may be
served by any person authorized by law to serve civil process, or by any agents
of the commission, and the return made in writing by any such person shall be
accepted as proof of service.
9.
The commission is the sole judge of the pertinency of testimony and evidence
adduced at such hearings.
10. The
attorney for the commission and that of any public agency which may be
participating in the investigation shall have the right to be present at all
hearings and shall have the right to examine or cross-examine any
witness.
11. Witnesses at
investigative hearings may be accompanied by their own counsel.
12. A copy of this regulation shall be made
available to any witness and a copy shall be delivered at the time of making
service, to each person upon whom a subpoena is served; in addition thereto
each person upon whom a subpoena is served shall be informed in writing that
the commission suggests that he consult his attorney and that his attorney
should attend the hearing to advise him.
13. The commission may, in its discretion,
issue a report upon the conclusion of any such investigative hearing.
14. As a result of such investigations, the
commission may initiate adjudicatory proceedings against licensees, permittee,
or persons engaged in any regulated profession or occupation, may refer matters
to other public agencies and may take any other appropriate action.
15. Investigative hearings may be conducted
jointly with other interested public agencies.
16. It shall not be necessary to publish any
advance notice of any investigative hearing and it shall be necessary that
subpoenas disclose the general nature of the investigation.
17. At all investigative hearings the
testimony shall be recorded stenographically or otherwise. Upon payment of the
costs thereof, and when authorized by the commission, a witness may obtain a
transcript copy of his testimony given at a public session.
B. Access to Premises
1. Any authorized representative of the
commission or of the commissioner shall have access to, and may enter at all
reasonable hours, all places of business operated by license or permit holders
or persons engaged in any regulated profession or occupation to perform
horticultural inspections and/or investigations. Any information gained through
utilization of the authority granted hereinabove in this Subsection shall be
treated as confidential and shall be used only for the administration of this
Chapter, provided, that such information may be divulged by a person when
called upon to testify in any adjudicatory proceeding before the commission or
the commissioner or in any court proceedings, and provided further, that
nothing contained in this Section shall prevent the use of any information
procured by the commission or the commissioner in the compiling and
dissemination of general statistical data containing information procured from
a number of licensees or permittee and compiled in such a manner as not to
reveal individual information of any licensee or permittee.
C. Cease and Desist. Upon determination of violation of law or rules and regulations, the commission may issue a cease and desist order describing with particularity the violative action and ordering the immediate cessation of said violative action.
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3801.
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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