reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:975. Adjudication; notice; hearing; records

RS 49:975 - Adjudication; notice; hearing; records
A. In an adjudication, all parties who do not waive their rights shall be afforded an opportunity for hearing after reasonable notice.
B.(1) The notice shall include all of the following:
(a) A statement of the time, place, and nature of the hearing.
(b) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(c) A reference to the particular sections of the statutes and rules involved.
(d) A short and plain statement of the matters asserted.
(2) If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.
C. Opportunity shall be afforded all parties to respond and present evidence on all issues of fact involved and argument on all issues of law and policy involved and to conduct cross-examination as required for a full and true disclosure of the facts.
D. Unless precluded by law, informal disposition may be made of any case of adjudication by stipulation, agreed settlement, consent order, or default.
E. The record in a case of adjudication shall include all of the following:
(1) All pleadings, motions, and intermediate rulings.
(2) Evidence received or considered or a resume thereof if not transcribed.
(3) A statement of matters officially noticed except matters so obvious that statement of them would serve no useful purpose.
(4) Offers of proof, objections, and rulings thereon.
(5) Proposed findings and exceptions.
(6) Any decision, opinion, or report by the officer presiding at the hearing.
F. The agency shall make a full transcript of all proceedings before it when the statute governing it requires it, and, in the absence of a requirement, shall, at the request of any party or person, have prepared and furnish him with a copy of the transcript or any part of the transcript upon payment of the cost unless the governing statute or constitution provides that it shall be furnished without cost.
G. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
Acts 1966, No. 382, §5, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:955.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:975.2. Administrative proceedings; member of the legislature or personnel as witness

RS 49:975.2 - Administrative proceedings; member of the legislature or personnel as witness
An application for an order compelling discovery to a member or former member of the legislature in his capacity as a state lawmaker, or a legislative employee in his official capacity, when the legislature or either body thereof is not a party to the proceeding may be made to the agency in which the action is pending, but no order compelling discovery shall issue except in strict conformity with the provisions of R.S. 13:3667.3(D). For the purposes of this Section "legislative employee" shall mean the clerk of the House of Representatives, the secretary of the Senate, or an employee of the House of Representatives, the Senate, or the Legislative Bureau.
Acts 2006, No. 690, §4, eff. June 29, 2006; Acts 2008, No. 374, §4, eff. June 21, 2008; Acts 2012, No. 519, §4; Acts 2022, No. 663, §1; Redesignated from R.S. 49:956.1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:976. Examination of evidence by agency

RS 49:976 - Examination of evidence by agency
When in an adjudication proceeding a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, or the proposed order is not prepared by a member of the agency, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made final until a proposed order is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposed order shall be accompanied by a statement of the reasons therefor and of the disposition of each issue of fact or law necessary to the proposed order, prepared by the person who conducted the hearing or by one who has read the record. No sanction shall be imposed or order be issued except upon consideration of the whole record and as supported by and in accordance with the reliable, probative, and substantial evidence. The parties by written stipulation may waive, and the agency in the event there is no contest may eliminate, compliance with this Section.
Acts 1966, No. 382, §7, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:957.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:977. Decisions and orders

RS 49:977 - Decisions and orders
A final decision or order adverse to a party in an adjudication proceeding shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified personally, by mail, or by electronic means of any decision or order. Upon request, a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record. The parties by written stipulation may waive, and the agency in the event there is no contest may eliminate, compliance with this Section.
Acts 1966, No. 382, §1, eff. July 1, 1967; Acts 2012, No. 289, §1, eff. May 25, 2012; Acts 2022, No. 663, §1; Redesignated from R.S. 49:958.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:977.1. Rehearings

RS 49:977.1 - Rehearings
A. A decision or order in a case of adjudication shall be subject to rehearing, reopening, or reconsideration by the agency, within ten days from the date of its entry. The grounds for action shall be one of the following:
(1) The decision or order is clearly contrary to the law and the evidence.
(2) The party has discovered since the hearing evidence important to the issues which he could not have with due diligence obtained before or during the hearing.
(3) There is a showing that issues not previously considered ought to be examined in order to properly dispose of the matter.
(4) There is other good ground for further consideration of the issues and the evidence in the public interest.
B. The petition of a party for rehearing, reconsideration, or review, and the order of the agency granting it, shall set forth the grounds which justify such action. Nothing in this Section shall prevent rehearing, reopening or reconsideration of a matter by any agency in accordance with other statutory provisions applicable to such agency, or, at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence. On reconsideration, reopening, or rehearing, the matter may be heard by the agency, or it may be referred to a subordinate deciding officer. The hearing shall be confined to those grounds upon which the reconsideration, reopening, or rehearing was ordered. If an application for rehearing shall be timely filed, the period within which judicial review, under the applicable statute, must be sought, shall run from the final disposition of such application.
Acts 1966, No. 382, §9, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:959.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:977.2. Ex parte consultations and recusations

RS 49:977.2 - Ex parte consultations and recusations
A. Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a case of adjudication noticed and docketed for hearing shall not communicate, directly or indirectly, in connection with any issue of fact or law, with any party or his representative, or with any officer, employee, or agent engaged in the performance of investigative, prosecuting, or advocating functions, except upon notice and opportunity for all parties to participate.
B. A subordinate deciding officer or agency member shall withdraw from any adjudicative proceeding in which he cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of a subordinate deciding officer or agency member, on the ground of his inability to give a fair and impartial hearing, by filing an affidavit, promptly upon discovery of the alleged disqualification, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined promptly by the agency, or, if it affects a member or members of the agency, by the remaining members thereof, if a quorum. Upon the entry of an order of disqualification affecting a subordinate deciding officer, the agency shall assign another in his stead or shall conduct the hearing itself. Upon the disqualification of a member of an agency, the governor immediately shall appoint a member pro tem to sit in place of the disqualified member in that proceeding. In further action, after the disqualification of a member of an agency, the provisions of R.S. 49:976 shall apply.
Acts 1966, No. 382, §10, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:960.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:977.3. Licenses

RS 49:977.3 - Licenses
A. When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this Chapter concerning adjudication shall apply.
B. When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
C. No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gives notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee is given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
Acts 1966, No. 382, §11, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:961.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:977.4. Declaratory orders and rulings

RS 49:977.4 - Declaratory orders and rulings
Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory orders and rulings as to the applicability of any statutory provision or of any rule or order of the agency. Declaratory orders and rulings shall have the same status as agency decisions or orders in adjudicated cases.
Acts 1966, No. 382, §12, eff. July 1, 1967; Acts 1995, No. 947, §6, eff. Jan. 1, 1996; Acts 2022, No. 663, §1; Redesignated from R.S. 49:962.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:978. Judicial review; rule to show cause for permit applicants

RS 49:978 - Judicial review; rule to show cause for permit applicants
A. If the secretary does not grant or deny a permit, license, registration, variance, or compliance schedule for which the applicant had applied within the time period as provided for in R.S. 30:26 and 2022(C), R.S. 49:214.30(C)(2), and R.S. 56:6(26), the applicant has the authority, on motion in a court of competent jurisdiction, to take a rule on the secretary to show cause in not less than two nor more than thirty days, exclusive of holidays, why the applicant should not be granted the permit, license, registration, variance, or compliance schedule for which the applicant had applied. The rule may be tried out of term and in chambers.
B. In any trial or hearing on the rule, the applicant shall be entitled to a presumption that the facts as stated in the affidavit of the applicant, which shall be attached to the rule are true. The rule of the applicant shall be denied by the court only if the secretary provides clear and convincing evidence of an unavoidable cause for the delay. However, in denying the rule, the court shall decree that the secretary shall grant or deny the application within a time set by the court, or the application shall be granted without further action of the secretary or the court.
C. If the rule is made absolute, the order rendered thereon shall be considered a judgment in favor of the applicant granting the applicant the permit, license, registration, variance, or compliance schedule for which the applicant had applied.
D. The provisions of Subsections A, B, and C of this Section shall not apply to permit applications submitted under the Louisiana Pollutant Discharge Elimination System (LPDES) program under the Department of Environmental Quality.
Acts 1991, No. 828, §2; Acts 1995, No. 601, §2; Acts 2022, No. 663, §1; Redesignated from R.S. 49:962.1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:978.2. Judicial review; attorney fees; court costs; report

RS 49:978.2 - Judicial review; attorney fees; court costs; report
A. If an agency or official thereof, or other person acting on behalf of an agency or official thereof, files a petition for judicial review of a final decision or order in an adjudication proceeding and such agency, official, or person does not prevail in the final disposition of the judicial review, the agency shall be responsible for the payment of reasonable attorney fees and court costs of the other party.
B. Notwithstanding any provision of R.S. 13:4521 to the contrary, an agency or official thereof, or other person acting on behalf of an agency or official thereof, which files a petition for judicial review of a final decision or order in an adjudication proceeding shall be required to pay court costs.
C. All payments for litigation expenses required by this Section shall be paid from the agency's regular operating budget. Each agency which has paid litigation expenses shall submit a detailed report of all payments from the prior fiscal year to its legislative oversight committees and to the Joint Legislative Committee on the Budget no later than November fifteenth of each year. For the purposes of this Subsection and of R.S. 49:992(H), the term "litigation expenses" shall mean court costs and attorney fees of the agency and of any other party if the agency was required to pay costs and fees.
Acts 2003, No. 1271, §1, eff. July 11, 2003; Acts 2022, No. 663, §1; Redesignated from R.S. 49:964.1.
NOTE: Former R.S 49:978.2 redesignated as R.S. 49:974.2 by Acts 2022, No. 663, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:979. Appeals

RS 49:979 - Appeals
An aggrieved party may obtain a review of any final judgment of the district court by appeal to the appropriate circuit court of appeal. The appeal shall be taken as in other civil cases.
Acts 1966, No. 382, §15, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:965.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:980. Expenses of administrative proceedings; right to recover

RS 49:980 - Expenses of administrative proceedings; right to recover
A. When a small business files a petition seeking: (1) relief from the application or enforcement of an agency rule or regulation, (2) judicial review of the validity or applicability of an agency rule, (3) judicial review of an adverse declaratory order or ruling, or (4) judicial review of a final decision or order in an adjudication proceeding, the petition may include a claim against the agency for the recovery of reasonable litigation expenses. If the small business prevails and the court determines that the agency acted without substantial justification, the court may award such expenses, in addition to granting any other appropriate relief.
B. A small business shall be deemed to have prevailed in an action when, in the final disposition, its position with respect to the agency rule or declaratory order or ruling is maintained, or when there is no adjudication, stipulation, or acceptance of liability on its part. However, a small business shall not be deemed to have prevailed, if the action was commenced at the instance of, or on the basis of a complaint by, anyone other than an officer, agent, or employee of the agency and was dismissed by the agency on a finding of no cause for the action or settled without a finding of fault on the part of the small business.
C. An agency shall pay any award made against it pursuant to this Section from funds in its regular operating budget and shall, at the time of its submission of its proposed annual budget, submit to the division of administration and to the presiding officer of each house of the legislature a report of all such awards paid during the previous fiscal year.
D. As used in this Section:
(1) "Reasonable litigation expenses" means any expenses, not exceeding seven thousand five hundred dollars in connection with any one claim, reasonably incurred in opposing or contesting the agency action, including costs and expenses incurred in both the administrative proceeding and the judicial proceeding, fees and expenses of expert or other witnesses, and attorney fees.
(2) "Small business" means a small business as defined by the Small Business Administration, which for purposes of size eligibility or other factors, meets the applicable criteria set forth in 13 CFR, Part 121.
Added by Acts 1982, No. 497, §1; Acts 2022, No. 663, §1; Redesignated from R.S. 49:965.1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:981. Continuous revision under supervision of division of administration, Office of the State Register

RS 49:981 - Continuous revision under supervision of division of administration, Office of the State Register
The Office of the State Register, as the official entity to receive, compute, index, and publish the Louisiana Register and Louisiana Administrative Code, shall direct and supervise the continuous revision, clarification, and coordination of the Louisiana Register and Louisiana Administrative Code in a manner not inconsistent with the provisions of this Chapter.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:982. New regulation; incorporation in Louisiana Register and Louisiana Administrative Code; resolution of conflicting rules

RS 49:982 - New regulation; incorporation in Louisiana Register and Louisiana Administrative Code; resolution of conflicting rules
A. Upon receipt of any rules promulgated under the Administrative Procedure Act, the Office of the State Register shall prepare the "Louisiana Register", containing the rules to be promulgated in the Louisiana Administrative Code as they may have been amended or repromulgated and omitting therefrom those sections that have been repealed. There shall also be incorporated therein, in an appropriate place and classification, the text of all the new rules of a general and public nature, assigning to these rules an appropriate title, part, chapter, and section number, and indicating the statutory authority of the rules from which they are taken.
B. When a conflict between two or more rules affecting the same subject matter in the same provision or regulation cannot be resolved for the purpose of incorporating the text into the Louisiana Administrative Code, the Office of the State Register shall so notify the secretary of the department or administrative officer charged with the promulgation of the rule prior to preparing the Louisiana Administrative Code. The secretary or administrative officer shall be notified of the proposed correction. If no written disapproval of the secretary or administrative officer, or his designee, of the proposed correction is received by the Office of the State Register within seven days after the secretary or administrative officer receives the notice, the Office of the State Register shall then direct the printer to incorporate into the Louisiana Administrative Code the text of the provision of the rule properly promulgated.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:983. Incorporation of current rules and regulations procedure

RS 49:983 - Incorporation of current rules and regulations procedure
A. In preparing the Louisiana Register or the Louisiana Administrative Code as provided for in R.S. 49:981, the Office of the State Register shall not alter the sense, meaning, or effect of any rule properly promulgated under the Administrative Procedure Act, but it may:
(1) Renumber and rearrange sections or parts of sections.
(2) Transfer sections or divide sections so as to give to distinct subject matters a separate section number, but without changing the meaning.
(3) Insert or change the wording of headnotes.
(4) Change reference numbers to agree with renumbered parts, chapters, or sections.
(5) Substitute the proper section, chapter, or part number for the terms "this part", "the preceding section", and the like.
(6) Strike out figures where they are merely a repetition of written words and vice-versa.
(7) Change capitalization for the purpose of uniformity.
(8) Correct manifest typographical and grammatical errors.
(9) Make any other purely formal or clerical changes in keeping with the purpose of the revision.
B. The Office of the State Register shall notify the secretary or administrative officer charged with promulgation of the rule prior to making any proposed revision authorized by this Section. If no written disapproval of the secretary or administrative officer, or his designee, of the proposed revision is received by the Office of the State Register within seven days after the secretary or administrative officer receives the notice, the Office of the State Register shall proceed with the revision.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:984. Alphabetical or numerical sequence of laws

RS 49:984 - Alphabetical or numerical sequence of laws
A. Whenever a rule defines terms, enumerates provisions or items, or otherwise sets forth provisions of a rule in a numerical or alphabetical listing or sequence, and such provision, as promulgated, fails to establish or fails to maintain an existing alphabetical or numerical sequence, the Office of the State Register, in preparing the Louisiana Register and the Louisiana Administrative Code as provided for by R.S. 49:983, shall rearrange and renumber or redesignate the provisions to the extent necessary to place all of them in consistent order.
B. The Office of the State Register shall notify the secretary or administrative officer charged with promulgation of the rule prior to making any proposed revision authorized by this Section. If no written disapproval of the secretary or administrative officer, or his designee, is received by the Office of the State Register within seven days after the secretary or administrative officer receives the notice, the Office of the State Register shall proceed with the revision.
C. This requirement is in addition to any other authority granted to the Office of the State Register in the preparation of the Louisiana Register or the Louisiana Administrative Code, particularly by R.S. 49:983.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:985. Submitting copy to the proper party

RS 49:985 - Submitting copy to the proper party
A draft of the Louisiana Administrative Code prepared by the Office of the State Register shall be submitted to the appropriate secretary or administrative officer charged with the promulgation of any rule prior to transmittal to the printer.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:986. Filing of copy with commissioner of administration; certificate of correctness; printing

RS 49:986 - Filing of copy with commissioner of administration; certificate of correctness; printing
Any edition of the Louisiana Administrative Code, or of any supplement thereto, prepared in the manner provided in R.S. 49:982 and 983, shall be certified by the Office of the State Register that each section therein has been compared with the original sections in the official copy of the Louisiana Register with the final provisions of the promulgated rules from which the sections were derived, and that with the exception of the changes of form permitted in R.S. 49:983, the sections are correct. The Office of the State Register shall order the printing of an edition sufficient in number to supply the demand. When the edition has been printed, the Office of the State Register shall affix to one copy of the printed edition the Office of the State Register's original certificate and file the same for record in his office. All other copies of the same edition may contain a printed facsimile of the office's certificate.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:987. Printing and publication of Louisiana Register; proof of certified edition

RS 49:987 - Printing and publication of Louisiana Register; proof of certified edition
The Office of the State Register may enter into contracts with private publishers for the printing, publication, sale, and distribution of any edition of the Louisiana Register and the Louisiana Administrative Code prepared by the Office of the State Register and certified by it pursuant to the provisions of this Chapter. Those editions so authorized by the Office of the State Register and containing the printed facsimile of the Office of the State Register's certificate of correctness shall be admissible as prima facie evidence of the rules contained therein.
Acts 1993, No. 379, §1; Acts 2013, No. 220, §23, eff. June 11, 2013.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:991. Creation of division of administrative law

RS 49:991 - Creation of division of administrative law
The division of administrative law, hereafter referred to as "division", is created in the Department of State Civil Service.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 1997, No. 1162, §2, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: SEE ACTS 1995, NO. 947, §8 AND NO. 739, §§3, 4.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:992.1. Applicability; ethics complaints

RS 49:992.1 - Applicability; ethics complaints
All adjudications involving alleged violations of any provision of law under the jurisdiction of the Board of Ethics shall be resolved as required by the provisions of this Chapter and the Administrative Procedure Act to the extent that such provisions do not conflict with Part III of Chapter 15 of Title 42 of the Louisiana Revised Statutes of 1950.
Acts 2008, 1st Ex. Sess., No. 23, §2, eff. Aug. 15, 2008.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:993. Definitions; rules

RS 49:993 - Definitions; rules
A. The definitions for terms as provided by R.S. 49:951 shall apply to such terms used in this Chapter.
B. The division may promulgate rules according to the Administrative Procedure Act to insure compliance with the provisions of this Chapter.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:994. Administrative law judges

RS 49:994 - Administrative law judges
A. The director of the division shall employ the administrative law judges for the division, each of whom shall have the following qualifications:
(1) An administrative law judge shall be a resident of Louisiana.
(2) An administrative law judge shall be licensed to practice law in Louisiana.
(3) An administrative law judge shall have been engaged in the actual practice of law for at least five years prior to his appointment.
B. An administrative law judge shall be an employee of the division.
C. Notwithstanding the provisions of this Section, all persons employed in affected agencies on October 1, 1996, who handle adjudications and whether or not they meet the qualifications of this Chapter shall, unless the person declines, be transferred to and employed in the division created by this Chapter to handle adjudications in the manner provided in this Chapter. However, no person other than those provided for in this Subsection shall be employed as an administrative law judge who does not meet the requirements of this Section.
D. The administrative law judge shall have the authority to:
(1) Regulate the adjudicatory proceedings assigned to him.
(2) Issue such decisions and orders as are necessary to promote a fair, orderly, and prompt adjudication.
(3) Exercise those powers vested in the presiding officer in the Administrative Procedure Act.
(4) If the parties do not object, conduct adjudications or conferences in person or by telephone, video conference, or similar communication equipment, and administer oaths in such proceedings.
(5) Continue an adjudication in any case when a party or subpoenaed necessary witness has been called to service in the uniformed services as defined in R.S. 29:403, including but not limited to a proceeding pursuant to R.S. 32:667.
E. All adjudications involving alleged violations of any provision of law under the jurisdiction of the Board of Ethics shall be heard by administrative law judges who are licensed to practice law in Louisiana.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2001, No. 84, §1; Acts 2001, 2nd Ex. Sess., No. 7, §2, eff. Oct. 16, 2001; Acts 2003, No. 956, §1, eff. July 1, 2003; Acts 2008, 1st Ex. Sess., No. 23, §2, eff. Aug. 15, 2008.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:995. Director

RS 49:995 - Director
A. The governor shall appoint, and the Senate shall confirm, a director for the division, who shall have the following qualifications:
(1) The director shall be a resident of Louisiana.
(2) The director shall be licensed to practice law in Louisiana.
(3) The director shall have been engaged in the actual practice of law for at least five years prior to his appointment.
B.(1) The director shall serve a six-year term and may be reappointed and confirmed for subsequent six-year terms without limitation.
(2) If a vacancy occurs during the director's term, the governor shall appoint a successor to fill the remainder of the vacant term.
(3) The first director shall be appointed on July 1, 1996, and shall take such action in compliance with this Chapter as necessary to ensure that the provisions of this Chapter are implemented by October 1, 1996.
C. The director shall be a full-time unclassified employee of the division and he shall not accept or engage in additional employment of any kind.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:996. Duties of the director

RS 49:996 - Duties of the director
The director of the division shall take the following actions:
(1) Administer and cause the work of the division to be performed in such a manner and pursuant to such a program as may be appropriate.
(2) Organize the division into such sections as may be appropriate.
(3) Assign administrative law judges as appropriate to perform duties vested in or required by the division.
(4) Develop and maintain a program for the continual training and education of administrative law judges and agencies in regard to their responsibilities under this Chapter and the Administrative Procedure Act.
(5) Secure, compile, and maintain all records of adjudications held pursuant to this Chapter or the Administrative Procedure Act, and such reference materials and supporting information as may be appropriate.
(6) Develop uniform standards, rules of evidence, and procedures, including but not limited to standards for determining whether or not a summary or ordinary hearing should be held, to regulate the conduct of adjudications.
(7) Promulgate and enforce rules for the prompt implementation and coordinated administration of this Chapter as may be appropriate.
(8) Administer and supervise the conduct of adjudications.
(9) Assist agencies in the preparation, consideration, publication, and interpretation of rules as appropriate pursuant to the Administrative Procedure Act.
(10) Employ the services of the several agencies and their employees in such manner and to such extent as may be agreed upon by the director and the chief executive officer of such agency.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003; Acts 2003, No. 1056, §1.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:997. Program of judicial evaluation

RS 49:997 - Program of judicial evaluation
A. The director shall develop and implement a program of judicial evaluation to aid in the performance of his duties.
B. The judicial evaluation shall focus on three areas of judicial performance including competence, productivity, and demeanor. It shall include consideration of the following:
(1) Industry and promptness in adhering to schedules.
(2) Tolerance, courtesy, patience, attentiveness, and self-control in dealing with litigants, witnesses, and counsel and in presiding over adjudications.
(3) Legal skills and knowledge of the law and new legal developments.
(4) Analytical talents and writing abilities.
(5) Settlement skills.
(6) Quantity, nature, and quality of caseload disposition.
(7) Impartiality and conscientiousness.
C. The director shall develop standards and procedures for the judicial evaluation which shall include taking comments from randomly selected litigants and lawyers who have appeared before the administrative law judge under evaluation.
D. The judicial evaluation shall include a review of the methods used by the administrative law judge. The judicial evaluation shall not include a review of any result as determined by an administrative law judge in any adjudication.
E. Before implementing any action based on the findings of the judicial evaluation, the director shall discuss the findings and the proposed action with the affected judge.
F. The judicial evaluation and supporting documents shall be confidential and shall not be subject to open records provisions of R.S. 44:1 et seq.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:998. Prehearing conference

RS 49:998 - Prehearing conference
A. The administrative law judge may conduct a prehearing conference pursuant to a motion of any party or on his own motion.
B. The administrative law judge shall set the time and place for the prehearing conference.
C. The administrative law judge shall give reasonable notice of the prehearing conference to all parties.
D. The prehearing conference may be conducted for the purpose of dealing with one or more of the following matters:
(1) Exploration of settlement possibilities.
(2) Preparation of stipulations.
(3) Clarification of issues.
(4) Rulings on the identities and limitation on the number of witnesses.
(5) Objections to proffers of evidence.
(6) Order of presentation of evidence and cross-examination.
(7) Rulings regarding issuance of subpoenas and protective orders.
(8) Schedules for the submission of written briefs.
(9) Schedules for the conduct of a hearing.
(10) Any other matter to promote the orderly and prompt conduct of the adjudication.
E. The administrative law judge shall issue a prehearing order, which he may direct one or more of the parties to prepare, incorporating the matters determined at the prehearing conference.
F. An administrative law judge assigned to render a decision or to make findings of fact and conclusions of law in a case of adjudication noticed and docketed for hearing shall not communicate, directly or indirectly, in connection with any issue of fact or law, with any party or his representative, or with any officer, employee, or agent engaged in the performance of investigative, prosecuting, or advocating functions, except upon notice and opportunity for all parties to participate.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:999. Disqualification and withdrawal of administrative law judge

RS 49:999 - Disqualification and withdrawal of administrative law judge
A. An administrative law judge shall voluntarily disqualify himself and withdraw from any adjudication in which he cannot accord a fair and impartial hearing or consideration, or when required to by applicable rules governing the practice of law in Louisiana.
B.(1) Any party may request the disqualification of an administrative law judge by filing an affidavit, promptly upon learning of the basis for the disqualification, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded.
(2) The director shall promptly determine whether or not to disqualify an administrative law judge based on the request, or alternatively, he may hold a preliminary hearing at least ten calendar days prior to the hearing date for the purpose of receiving evidence relating to the grounds alleged for disqualification.
Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2003, No. 956, §1, eff. July 1, 2003.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:999.1. Contract for adjudication services; other governmental entities

RS 49:999.1 - Contract for adjudication services; other governmental entities
The division is authorized to provide administrative law judges on a contractual basis to any governmental entity not covered by this Chapter, and to conduct administrative hearings for such entity.
Acts 1999, No. 416, §1; Acts 2003, No. 956, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:999.21. Suspension and ultimate revocation of license or permit; felony conviction

RS 49:999.21 - Suspension and ultimate revocation of license or permit; felony conviction
A. As used in this Part, the following terms shall have the following definitions:
(1) "Enforcing authority" means any of the following who have authority to enforce the provisions of this Part:
(a) The issuing agency which issued the license or permit.
(b) The attorney general.
(2) "Holder of a license or permit" means the natural person or other entity in whose name a license or permit is issued and who holds such license or permit.
(3) "Issuing agency" means a state agency, board, commission, department, or other entity of the state which issues a license or permit.
(4) "License or permit" means any license or permit issued to any person or other entity by a state agency, except for any license or permit issued pursuant to any provisions of the law in Title 37 or Title 3 of the Louisiana Revised Statutes of 1950.
B. Notwithstanding any other provision of law to the contrary, and in addition to any other sanction or penalty which may be imposed, any license or permit issued by any issuing agency may be suspended and ultimately revoked in accordance with the procedures provided for in this Part if the natural person who is the holder of such permit or license, the natural person who owns in excess of fifty percent of an entity which holds the license or permit, or the natural person who is the chief executive officer of an entity which holds the license or permit has been convicted of, or has entered a plea of guilty or nolo contendere to, any crime which is a felony under state or federal law related to obtaining or keeping the license or permit.
C. The license or permit may be suspended and its revocation shall be recommended to the courts by the issuing agency which has issued the license or permit upon its determination in the manner provided for in this Part that a person provided for in this Section has been convicted of, or has entered a plea of guilty or nolo contendere to, a felony under state or federal law related to obtaining or keeping the license or permit.
D. Such license or permit shall be revoked upon a final judgment by a court that the action of the issuing agency in suspending the license was in accord with the facts and law.
Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:999.22. Enforcing authority; initiation of action

RS 49:999.22 - Enforcing authority; initiation of action
A. Any enforcing authority may bring an action against the holder of a license or permit to suspend and ultimately revoke such license or permit in the manner and according to the procedure provided for in this Part if the enforcing authority obtains knowledge that the natural person who is the holder of the permit or license, or the natural person who owns in excess of fifty percent of the entity which holds the license or permit, or the natural person who is the chief executive officer of the entity which holds the license or permit has been convicted of, or has entered a plea of guilty or nolo contendere to, a crime which is a felony under state or federal law related to obtaining or keeping the license or permit.
B. The enforcing authority may initiate the action by providing written notice by certified mail of its intention to suspend and ultimately revoke the license or permit of the holder pursuant to this Part, sent to the holder of the license or permit, the person alleged to have been convicted of, or to have entered a plea of guilty or nolo contendere to, a felony under state or federal law related to obtaining or keeping the license or permit, and to the issuing agency which issued the license or permit, if different from the enforcing authority.
Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:999.23. Hearing before the issuing agency

RS 49:999.23 - Hearing before the issuing agency
A. An action to enforce the provisions of this Part shall be initiated by written application made by the enforcing authority to the issuing agency issuing the license or permit requesting such agency to order the suspension and recommend to the courts the revocation of the license or permit.
B. No determination shall be made and no license shall be ordered suspended and ultimately revoked without an adjudicatory hearing conducted in accordance with the Administrative Procedure Act and Part A of this Chapter.
C. Notwithstanding the provisions of R.S. 49:992 or any other law to the contrary, any hearing conducted pursuant to this Part may, at the request of the issuing agency, be conducted by an administrative law judge in an adjudicatory hearing pursuant to Part A of this Chapter.
D. For purposes of this Part, the enforcing authority shall prove by a preponderance of the evidence that a person has been convicted of, or has entered a plea of guilty or nolo contendere to, a crime which is a felony under state or federal law related to the obtaining or keeping of the license at issue.
Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:999.25. Additional ground or cause

RS 49:999.25 - Additional ground or cause
Notwithstanding any other law to the contrary, the provisions of this Part shall provide an additional ground or cause of action for suspension or revocation of a license or permit issued by an issuing agency and shall be in addition to any other sanction or penalty which such agency is specifically authorized to impose.
Acts 1997, No. 1162, §1, eff. July 1, 1998; Acts 2003, No. 956, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:1005. Use of certified laboratories for drug testing of samples collected

RS 49:1005 - Use of certified laboratories for drug testing of samples collected
A. All drug testing of individuals in residence in the state and all drug testing of samples collected in the state, including territorial waters and any other location to which the laws of Louisiana are applicable, shall be performed in SAMHSA-certified, CAP-FUDT-certified, or CAP-FDT-certified laboratories, if both of the following apply:
(1) If, as a result of such testing, mandatory or discretionary negative employment consequences will be rendered to the individual.
(2) Drug testing is performed for any or all of the following classes of drugs: marijuana, opioids, cocaine, amphetamines, and phencyclidine.
B. Drug testing as provided in this Subsection shall be performed in compliance with the SAMHSA guidelines except as provided in this Chapter or pursuant to statutory or regulatory authority under R.S. 23:1081 et seq. and R.S. 23:1601 et seq. The cut off limits for drug testing shall be in accordance with SAMHSA guidelines with the exception of initial testing for marijuana. The initial cut off level for marijuana shall be no less than fifty nanograms/ML and no more than one hundred nanograms/ML as specified by the employer or the testing entity. The Louisiana Department of Health shall have the responsibility to adopt the SAMHSA guidelines for purposes of governing drug-testing programs for specimens collected in accordance with this Chapter. The Louisiana Department of Health shall have the responsibility for adoption of any subsequent revisions of the SAMHSA guidelines as of the initial effective date of this Chapter.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991; SCR No. 137, 1991 R.S; Acts 2004, No. 901, §1, eff. July 12, 2004; Acts 2015, No. 74, §1.
2023 Louisiana Laws › Revised Statutes › Title 49 - State Administration › §49:1011. Employee drug testing; rights of the employee

RS 49:1011 - Employee drug testing; rights of the employee
A. Any employee, confirmed positive, upon his written request, shall have the right of access within seven working days to records relating to his drug tests and any records relating to the results of any relevant certification, review, or suspension/revocation-of-certification proceedings.
B. An employer may, but shall not be required to, afford an employee whose drug test is certified positive by the medical review officer the opportunity to undergo rehabilitation without termination of employment.
Acts 1990, No. 1036, §1, eff. Jan. 1, 1991.