Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLI - Horseracing Occupations › Chapter 23 - Racing Commissioners › Section XLI-2307 - Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt,
				the complaint shall be immediately forwarded for handling and representation as
				all other legal matters in accordance with
				R.S.
				4:147(A) after which a
				determination shall be made as to whether a valid complaint has been stated.
				The complainant shall be given written notice of any deficiencies in the
				complaint and be afforded an opportunity to correct any errors. Notice of
				receipt of a valid complaint shall be immediately forwarded to members of the
				commission.
B. The commissioner
				against whom the complaint is filed shall have 10 days after its receipt within
				which to either submit his/her resignation to the governor or to furnish a
				written response to the complaint. If the commissioner fails to timely furnish
				a written response, the chairman, or his designated vice-chair, shall
				immediately suspend such commissioner pending conclusion of the investigation,
				which shall be immediately commenced. The governor shall be immediately
				notified of such action in writing.
C. Upon timely receipt of a written response
				to the complaint by the commissioner against whom the complaint is made,
				preliminary interviews shall be conducted within 10 days of the complainant
				filing the complaint and of the commissioner as well as other persons who may
				be reasonably interviewed and who have been identified as having knowledge of
				the matter. At the conclusion of the period for interviews, the commission
				shall be advised whether there is reasonable cause to believe that the
				commissioner has done some act which, if proved, would constitute a prohibited
				violation of the law or the rules of racing.
D. If a determination is made that there is
				no reasonable cause, no investigation shall be commenced unless and until a
				majority of the commission at the next regular or special meeting of the
				commission decide to commence an investigation. If a determination is made that
				there is reasonable cause, an investigation shall be commenced until a majority
				of the commission at a regular or special meeting of the commission decide to
				terminate the investigation. Upon commencement of an investigation, the
				chairman, or his designated vice-chair, shall suspend the commissioner pending
				conclusion of the investigation. The governor and all other members of the
				commission shall be immediately notified of such action in writing.
E. The investigation shall be concluded
				within 30 days of its commencement, except upon a showing of good cause which
				is authorized by the chairman, or his designated vice-chair. At the conclusion
				of the investigation a written report and recommendation shall be filed which
				includes suggested findings of fact and conclusions of law, to the commission,
				to the suspended commissioner, and to the complainant. Within 10 days the
				suspended commissioner and the complainant may file written objections with the
				commission to the report and recommendation. At the next regular or special
				meeting of the commission following receipt of the report and recommendation
				and the expiration for the time to file written objections, the commission
				shall conduct a public hearing on whether to accept or reject the report and
				recommendations. If any written objection is filed, the suspended commissioner
				and the complainant may each be represented by counsel at the public hearing
				and participate, in calling and cross-examining witnesses and arguing the
				merits. If no objection is timely filed, the commission may at the public
				hearing accept and adopt the report and recommendations.
F. At the conclusion of the public hearing, a
				resolution to immediately remove the suspended commissioner shall require a
				vote of two-thirds of the members present and voting. There shall be no
				reconsideration of the resolution. There shall be no appeal to any court nor
				any judicial review of the resolution or the removal. Any member so removed
				shall not be eligible for reappointment as a commissioner for a period of five
				years. The governor and the Secretary of State shall be notified of the removal
				of the commissioner, the reasons therefore, and of the legal impediment to
				reappointment.
G. If at the
				conclusion of the public hearing there is no resolution offered to remove the
				commissioner or if one is offered but is unsuccessful, then the chairman, or
				his designated vice-chair, shall on behalf of the commission terminate the
				suspension of the commissioner. There shall be no appeal to any court nor any
				judicial review of the termination of the suspension.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  4:141,
				  R.S.
				  4:142,
				  R.S.
				  4:144 and
				  R.S.
				  4:148.