Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 5 - Louisiana Pilotage Fee Commission › Chapter 129 - Hearing Panels and Hearing Master › Section LXX-12904 - Stipulated Settlement Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. This rule applies to the
				  stipulated settlement of all issues by all parties, or any set of issues
				  categorized for separate hearing, in any proceeding before the Commission, the
				  Hearing Panel or the Hearing Master. In scheduling hearings, priority shall be
				  given to any proposed stipulated settlement. A minimum of ten (10) days notice
				  of the hearing must be sent to all parties in the proceeding, unless there is
				  pressing public need for expedited hearing.
B. Uncontested Proposed Stipulated
				  Settlements. When all parties to a proceeding reach an agreement as to all
				  issues in the form of a Proposed Stipulated Settlement signed by all parties or
				  their representatives (
Uncontested Stipulated Settlement
), the
				  following procedures shall be followed.
1.
				  Filing. Upon the filing of an Uncontested Stipulated Settlement, executed by
				  all parties, any previously established procedural schedule may be continued
				  without date by the Commission, the Hearing Panel or the Hearing
				  Master.
2. Timing of Filing.
				  Parties may file an Uncontested Stipulated Settlement at any time after the
				  deadline has passed for filing interventions.
3. Hearings. In all cases, except as provided
				  in Part B.6, or I, a hearing before the Commission shall be held on the
				  Uncontested Stipulated Settlement by the Commission, Hearing Panel or the
				  Hearing Master upon the parties' filing of the following supporting
				  documentation:
a. copies of any documents,
				  sworn supporting testimony in affidavit form, financial analysis, and exhibits
				  which support the Uncontested Stipulated Settlement; and
b. A joint motion for the scheduling of a
				  stipulation hearing.
4.
				  Procedure at the Stipulation Hearing. At the hearing, the parties shall call
				  the witnesses whose testimony was filed with the Uncontested Stipulated
				  Settlement, and shall introduce into evidence the signed Uncontested Stipulated
				  Settlement, as well as the supporting documentation. Affidavits, in lieu of
				  live testimony, may be submitted.
5. Post-Hearing Report. Within ten (10) days
				  of the hearing date, the Hearing Panel or the Hearing Master shall forward to
				  all Commissioners, a report of the evidence and testimony supporting the
				  Uncontested Stipulated Settlement and a copy of the Uncontested Stipulated
				  Settlement. As soon as possible after the report is issued, the Commission
				  shall issue and Order accepting and implementing the Uncontested Stipulated
				  Settlement in whole or in part, or rejecting the Uncontested Stipulated
				  Settlement in whole or in part. If the matter is initially heard by the full
				  Commission, as soon as possible after the conclusion of the hearing, the
				  Commission shall issue and Order accepting and implementing the Uncontested
				  Stipulated Settlement in whole or in part, or rejecting the Uncontested
				  Stipulated Settlement in whole or in part.
6. Consideration Without Hearing. The
				  Commission, for reason of public need, may dispense with the requirement of a
				  stipulation hearing and consider an Uncontested Stipulated Settlement based
				  upon the filed documentation at a regular or special Commission
				  Meeting.