reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 1 - General Rules › Section III-109 - Legal Representation of Parties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Parties
				have the right to retain counsel but are not required to do so. A person may
				appear and be heard on his/her own behalf, unless otherwise provided by
				law.
B. Representation of a person
				in a matter before DAL is limited to licensed attorneys, unless state or
				federal law allows representation by non-attorneys or agency representatives.
1.
Pro Hac Vice
. Attorneys
				admitted to practice in states other than Louisiana, in good standing, may be
				admitted to appear
pro hac vice
in a specific hearing by
				submitting approval of
pro hac vice
admission by the Louisiana
				Attorney Disciplinary Board, pursuant to Louisiana Supreme Court Rule XVII
				Section 13
2. When state or federal
				law allows representation by a non-attorney authorized representative, the
				partys authorized representative shall provide DAL with the representative's
				mailing address, telephone number, and email address. If the partys
				representative is not licensed to practice law in Louisiana, and the authority
				of the representative is challenged, the representative must show authority to
				appear as a representative. This rule does not permit the unauthorized practice
				of law.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 1 - General Rules › Section III-111 - Public Attendance at In-Person Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless
				prohibited by law, DAL hearings are open to the public.
B. Parties, representatives, and other
				members of the public shall conduct themselves with dignity, show courtesy and
				respect for one another and for the administrative law judge, and follow any
				additional guidelines prescribed by the administrative law judge.
C. The administrative law judge retains the
				authority to exclude any person from a hearing for improper conduct.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 1 - General Rules › Section III-113 - Media Coverage and Use of Recording Devices

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Proceedings that are open to the public may be photographed or recorded,
				whether for broadcast or personal use, in a manner that does not interfere with
				the orderly conduct of the proceeding, unduly distract participants, or impair
				the dignity of the proceedings. A person desiring to photograph or record a DAL
				proceeding must notify the administrative hearings clerk before doing so.
				Photographing or recording in a covert manner is prohibited.
B. Recording or photographing any of the
				following is prohibited:
1. proceedings that
				are closed to the public;
2.
				conferences between an attorney and his/or her client, conferences between an
				attorney and witness(es), or conferences between attorneys;
3. bench conferences or other deliberations
				of the administrative law judge(s); or
4. other privileged or confidential
				communications.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 1 - General Rules › Section III-115 - Request for Accommodations; Interpreter

Current through Register Vol. 50, No. 6, June 20, 2024
A. A party or
				witness who wants to request a reasonable accommodation pursuant to the
				Americans with Disabilities Act may request an accommodation by calling the
				administrative hearings clerk at 225-342-1800. To ensure the accommodation will
				be available, written requests should be made at least five business days prior
				to a hearing or conference.
B. Upon
				request of a party or witness who cannot hear, speak, or understand the spoken
				or written English language, a qualified interpreter shall be provided during a
				hearing or conference.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 1 - General Rules › Section III-117 - Ex Parte Communications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Once a case has
				been docketed by DAL, no party shall communicate with the assigned
				administrative law judge regarding the case without the knowledge and consent
				of all other parties to the matter, except at conferences and/or hearings. The
				administrative law judge shall promptly notify all parties of any ex parte
				communication and allow each party an opportunity to respond.
B. To obtain information about a case, calls
				should be placed to the administrative hearings clerks office at (225)
				342-1800. The administrative hearings clerks office can answer questions
				regarding whether a case has been docketed, hearing dates, receipts of filings,
				and whether an order or decision has been issued.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 3 - Records › Section III-301 - Custodian of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The administrative
				hearings clerk is the custodian of records for DAL. The files maintained by the
				administrative hearings clerk are the official record of
				adjudications.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 3 - Records › Section III-303 - Confidentiality (formerly Section 525)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				otherwise provided by law, all adjudicatory records are public
				records.
B. Any portion of the
				adjudicatory record deemed by statute or regulation to be confidential should
				be brought to the attention of the administrative law judge, by the party who
				submitted the document, in order to ensure confidentiality.
C. If a motion for protective order or other
				request for confidentiality is filed, the administrative law judge may
				designate, in writing, that all or a portion of the adjudicatory record be
				sealed. Any such request for confidentiality must state the factual and legal
				bases that support the claimed privilege or exemption from the records being
				public. The administrative law judge may require an in camera inspection of all
				or a portion of the requested documents.
AUTHORITY NOTE:
				  Promulgated in accordance with R. S. 49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 3 - Records › Section III-305 - Record of Hearings; Copies of Audio Recordings; Transcripts

Current through Register Vol. 50, No. 6, June 20, 2024
A. All decisions, orders, and notices issued
				by the administrative law judge; all pleadings, audio recordings or transcripts
				(if available) of hearings; or documentation, information, or other materials
				of any kind submitted in a matter shall be public record and shall be available
				for inspection by the public, except as otherwise provided by law.
B. DAL makes an audio recording of all
				hearings, but only transcribes the recordings upon written request and
				prepayment of costs. Requests for transcripts shall be made in writing and be
				submitted to the Administrative Hearings Clerk. The administrative hearings
				clerk will furnish an estimate of the transcription costs. The estimated costs
				shall be paid before the recording will be transcribed. If the estimated costs
				are less than the actual cost, the difference must be paid in full before the
				transcript will be delivered. All transcripts requested and transcribed will be
				filed into the adjudicatory record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 3 - Records › Section III-307 - Filing of Pleadings and Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any pleading, document or other item filed
				with the clerk of court into the adjudicatory record shall be filed by hand
				delivery, postal mail, or transmitted by electronic means. Documents sent by
				fax should not exceed 20 pages.
B.
				Unless otherwise provided by law, all pleadings, documents or other items shall
				be deemed filed on the date received by the clerk of court if received by 5
				p.m. Items filed after 5 p.m. shall be deemed filed on the next business
				day.
C. Parties requesting
				discovery shall serve such requests on any other party, his/her counsel of
				record, or other designated representative, but discovery requests shall not be
				filed in the record of the proceedings. The party responsible for service of
				the discovery materials shall retain the original and become the custodian of
				such materials. The provisions of this Section shall not be construed to
				preclude the filing of any discovery materials as exhibits or as evidence in
				connection with a motion or hearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 3 - Records › Section III-309 - Notices of Hearings; Orders, Decisions and Other Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section
				shall apply to notices of hearings, orders, decisions and other documents sent
				by the division.
B. Notices shall
				be sent by postal mail or transmitted by electronic means unless otherwise
				required by law. Notices may be sent to the counsel of record only. Otherwise,
				notices are sent to the party's last known physical, postal or electronic
				address as filed in the adjudicatory record. Parties shall promptly send
				address changes to the division.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et. seq., and
				  R.S.
				  49:958.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 3 - Records › Section III-311 - Pleadings-Form and Content

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Unless otherwise required by law, pleadings should:
1. state the name, physical address, mailing
				address, electronic address and telephone number of the person filing the
				pleading, and his/her attorney bar roll number, if applicable;
2. if filed on paper, be legibly written in
				ink, typewritten or printed with 1-inch top, bottom and side margins and should
				be on strong durable white paper, no larger than 8 1/2 by 11 inches; if filed
				electronically, in a format designated by the clerk of court, and with 1-inch
				top, bottom and side margins;
3. be
				divided into separately numbered paragraphs and double-spaced;
4. state clearly, concisely and particularly
				all relevant facts that support the relief sought;
5. state the relief sought;
6. when appropriate, identify any statute,
				regulation, rule, written statement of law or policy, decision, order, permit,
				or license and the particular aspect of each upon which the pleading
				relies;
7. be signed in ink or by
				electronic signature by the party filing same or by his or her duly authorized
				agent or attorney. The signature of the person signing the document constitutes
				a certification that he or she has read the document and that, to the best of
				his or her knowledge, information and belief, every statement contained in the
				document is true; and
8. certify
				that service has been made in accordance with these rules.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 3 - Records › Section III-313 - Service of Pleadings and Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except where otherwise required by law, on
				or before the day that a pleading or document is filed with the clerk of court,
				service of same shall be made by the party who prepared the pleading, upon all
				other parties, attorneys or designated representatives by hand delivery, mail
				or electronic transmission, as shown by a certificate of service.
B. Unless otherwise provided herein, service
				by mail or by electronic transmission is effective on the date mailed or
				transmitted. Personal or domiciliary service is effective when delivered or
				tendered, even if delivery is refused.
C. When a party is represented by an attorney
				or other designated representative or has appointed an agent for service of
				process, notice may be given to the party through the attorney, other
				designated representative or agent.
D. Service on a party or person shall be
				given at the last known physical, postal or electronic address filed into the
				adjudicatory record. Any party or person shall timely file into the
				adjudicatory record notice of any change of address.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-501 - Commencement of Adjudications; Assignment of Docket Number and Administrative Law Judge (formerly Section 503)

Current through Register Vol. 50, No. 6, June 20, 2024
A. A case is
				commenced for purposes of this Chapter upon the filing of a hearing or
				mediation request by a party. If DAL has jurisdiction over a matter, the matter
				will be docketed and assigned to an administrative law judge.
B. When DAL receives a hearing request
				subject to its jurisdiction, the matter shall be assigned a docket number to be
				used on all subsequent pleadings filed in the matter.
C. If an administrative law judge is unable
				to continue presiding or issue a decision after the conclusion of the hearing,
				the matter may be reassigned to another administrative law judge, who shall
				review the existing record and, if necessary, conduct further proceedings,
				before rendering a decision.
D. An
				administrative law judge may be recused or disqualified from a case based on
				bias, prejudice, personal interest, or any other good cause. Motions for
				recusal shall be filed with the administrative hearings clerk. Recusals shall
				be governed by
				R.S.
				49:999.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-503 - Location of Hearings; Telephone Hearings (formerly Section 505)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hearings will be held in the venue
				required by statute except when the hearing is conducted by
				telephone.
B. When the governing
				statute does not require a particular venue, or provides for more than one
				appropriate venue, the location of hearings will be determined by the
				administrative law judge, unless otherwise provided by law.
C. The administrative law judge may
				designate, or a party may request, that all or any portion of a proceeding be
				conducted by telephone, unless prohibited by law.
1. A party may file an objection to a request
				or to the administrative law judges decision to conduct all or any portion of a
				proceeding by telephone.
2. A party
				requesting to present testimony of a witness by telephone must file a motion to
				do so no later than 10 days before the proceeding unless a different time
				period is allowed by the administrative law judge. The motion shall include the
				following:
a. the reason for the
				request;
b. the name of the party
				or witness who will appear by phone;
c. the telephone number at which the party or
				witness may be reached at the time of the proceeding; and
d. a certification that the party or witness
				will be the same person who will appear by telephone at the
				proceeding.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-505 - Hearing Conducted on the Record

Current through Register Vol. 50, No. 6, June 20, 2024
A. A party may
				request a hearing be conducted entirely based on the record, briefs or other
				written submissions.
B. A party
				requesting a hearing on the record must file a motion no later than 10 days
				before the scheduled hearing unless a different time period is allowed by the
				administrative law judge.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-507 - Pleadings-Form and Content (formerly Section 311)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Unless otherwise required by law, pleadings should:
1. state the name, physical address, mailing
				address, e-mail address, and telephone number of the person filing the
				pleading, and his/her bar roll number, if applicable;
2. be legibly written, typewritten or printed
				with 1-inch top, bottom, and side margins on white paper, no larger than 8 1/2
				by 11 inches;
3. be divided into
				separately numbered paragraphs and double-spaced;
4. state the relief sought;
5. state clearly, concisely, and particularly
				all relevant facts that support the relief sought;
6. when appropriate, identify any statute,
				regulation, rule, written statement of law or policy, decision, order, permit,
				or license and the particular aspect of each upon which the pleading
				relies;
7. be signed by the party
				filing the pleading or by his/her duly authorized representative or attorney.
				The signature of the person signing the document constitutes a certification
				that he/she has read the document and that, to the best of his/her knowledge,
				information and belief, every statement contained in the document is true;
				and
8. certify that service has
				been made in accordance with these rules.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-509 - Filing of Pleadings and Documents (formerly Section 307)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				pleading, document, or other item filed with the Administrative
				Hearings Clerk into the adjudicatory record shall be filed by hand
				delivery, postal mail, common carrier, or transmitted by facsimile or
				other electronic means. Documents sent by facsimile should not exceed
				20 pages.
B. Unless
				otherwise provided by law, all pleadings, documents, or other items
				submitted by hand delivery, facsimile, or other electronic means
				shall be deemed filed on the date received by the Administrative
				Hearings Clerk. Pleadings, documents, or other items submitted by
				postal mail or common carrier shall be deemed timely if postmarked by
				the legal deadline.
AUTHORITY
				  NOTE: Promulgated in accordance with R.S. 49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-511 - Service of Pleadings (formerly Section 313)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Except as otherwise required by law, on the day that a pleading or document is
				filed with the Administrative Hearings Clerk, service of same shall be made
				upon all other parties, attorneys or designated representatives, by hand
				delivery, mail or electronic transmission, as shown by a certificate of
				service. When service is made by hand delivery, a return of service certifying
				who was served, the time and date of service, the address where the person was
				served, and the name of the person who served it is required to be filed into
				the record.
B. Unless otherwise
				provided herein, service by mail or by electronic transmission is effective on
				the date mailed or electronically transmitted. Personal or domiciliary service
				is effective when delivered or tendered, even if delivery is refused.
C. When a party is represented by an
				attorney, a designated representative, or has appointed an agent for service of
				process, notice may be given to the party through the attorney, other
				designated representative, or agent.
D. Service shall be made at the last known
				physical, postal, or e-mail address filed into the adjudicatory record. All
				parties shall promptly notify DAL of any change of address.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-513 - Notices of Hearings; Orders, Decisions and Other Documents (formerly Section 309)

Current through Register Vol. 50, No. 6, June 20, 2024
A. All notices of
				hearings, orders, decisions and other documents sent by DAL shall be sent by
				postal mail or transmitted by electronic means, unless otherwise required by
				law.
1. If a party is not represented by
				counsel, notices are sent to the partys last known physical, postal, or e-mail
				address as filed in the adjudicatory record. Failure to maintain a current
				physical, postal, or e-mail address on file with DAL may result in dismissal of
				a case for failure to appear.
2. If
				a party is represented by counsel, notices shall be sent to the counsel of
				record only.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-515 - Continuances

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except where
				otherwise prohibited by law, a continuance may be granted in any case for good
				cause shown. Motions for continuance should be in writing and transmitted by
				postal mail or by electronic means. Continuances may be requested during the
				hearing upon an oral motion of a party made on the record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-517 - Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party may
				file motions relating to an adjudication.
B. Except as otherwise permitted by the
				administrative law judge, all motions, other than those made during a hearing
				or conference, shall be submitted in writing and served on all parties as
				provided in
				§313 of these
				rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-519 - Subpoenas

Current through Register Vol. 50, No. 6, June 20, 2024
A. The division
				shall order the issuance of a subpoena upon written request of a party and
				compliance with the requirements of this rule.
B. Unless otherwise provided, to request the
				issuance of a subpoena, the following procedure shall be followed.
1. The subpoena shall be prepared and served
				by the party requesting the subpoena. The party requesting and serving the
				subpoena must file a return of service into the administrative record
				certifying on whom the subpoena was served, the time and date served, the
				location or address served, and the name of the person who served it.
2. Departmental service of subpoenas on law
				enforcement officers and fire service personnel must be accomplished in
				accordance with
				R.S.
				13:3661.1 to be considered
				effective.
3. A subpoena request on
				behalf of any party shall be accompanied by a check or money order to cover
				witness fees pursuant to
				R.S.
				49:956(5),
				R.S.
				13:3662(A) (law enforcement
				officers), or other applicable law. Witness fees for experts shall be set by
				the administrative law judge in accordance with
				R.S.
				49:950 et seq. The check or money order shall
				be made payable to each witness subpoenaed, or as provided for law enforcement
				witnesses.
4. Additional witness
				fees must be submitted in order for a subpoena to be reissued due to a
				continuance or other reason.
5. The
				subpoena should include the following:
a. the
				heading contained in §311. B of these rules;
b. the name of the party and the
				representative or attorney requesting the subpoena;
c. the docket number of the case;
d. the complete name, service address (with
				directions if necessary), and telephone number of the person being
				subpoenaed;
e. a sufficient
				description of any document or item to be produced; and
f. the date, time, place and proceeding for
				which the subpoena is requested.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-521 - Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party to a
				proceeding may conduct discovery in all manners as provided by the Louisiana
				Code of Civil Procedure.
B. In the
				interest of administrative economy, the parties should first attempt to obtain
				discovery by agreement or through the Public Records Act,
				R.S.
				44:1 et seq.
C. The administrative law judge, for good
				cause, may issue any order to protect a party or person from annoyance,
				embarrassment, oppression, disclosure of confidential information, undue burden
				or expense.
D. The following
				Section applies only in cases adjudicated pursuant to the Louisiana Implied
				Consent Law,
				R.S.
				32:661 et seq.
1. Requests for discovery should be made at
				the same time as the request for hearing.
2. Failure to request discovery at the time
				the hearing request is filed may result in a continuance if a response is not
				timely received, but not necessarily a dismissal of the case.
3. A subpoena duces tecum is not proper for
				obtaining documents or things from a party to the proceeding. When attempting
				to obtain documents or things from a party to the proceeding, the party seeking
				the items must do so through discovery, by a request for production of
				documents.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-523 - Exhibits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Maps, drawings
				and other exhibits should not exceed 8 1/2 by 14 inches unless they are folded
				or reduced to the required size.
B.
				During an in-person hearing, copies of exhibits should be furnished to the
				administrative law judge and all parties, unless the administrative law judge
				rules otherwise.
C. For telephone
				or other non-in-person hearings, a party submitting exhibits must transmit them
				to the administrative law judge and all parties no later than three business
				days before the hearing, unless the administrative law judge rules otherwise.
				Parties are expected to have exchanged and reviewed the exhibits prior to the
				hearing and to be prepared for the hearing. Failure to timely submit and
				exchange exhibits may result in exhibits not being admitted into
				evidence.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-525 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				otherwise provided by law, all portions of adjudicatory records are subject to
				review by all parties and the general public.
B. A motion for protective order, or other
				request to limit discovery, may be considered as a request for confidentiality.
				In the event a protective order is issued or discovery is otherwise limited,
				the administrative law judge may designate in writing as confidential that
				portion of the adjudicatory record necessary to enforce the provisions of the
				protective order.
C. Any portion of
				the adjudicatory record deemed to be confidential by statutory authority should
				be brought to the attention of the division in order to help ensure the
				confidentiality of that portion of the record.
AUTHORITY NOTE:
				  Promulgated in accordance with R. S. 49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-527 - Prehearing Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				administrative law judge may require, prior to the adjudicatory hearing, that
				the parties submit a joint proposed prehearing order approved and signed by all
				parties or their counsel of record. Except as otherwise ordered by the
				administrative law judge, the proposed prehearing order should set forth the
				following:
1. a brief but comprehensive
				statement of the factual and legal contentions of each party;
2. a list of the legal authority (including
				statutes, code articles, regulations and cases) to be relied upon by each party
				at the adjudicatory hearing;
3. a
				detailed itemization of all pertinent uncontested facts established by
				pleadings, stipulations and admissions;
4. a detailed itemization of all contested
				issues of fact;
5. a list of all
				contested issues of law;
6. a list
				and brief description of all exhibits to be offered in evidence by each party.
				Exhibits to be used solely for impeachment or rebuttal need not be included on
				the list;
7. a list naming the fact
				witnesses and the expert witnesses each party may call and a short statement as
				to the nature of their testimony. Witnesses to be called solely for impeachment
				or rebuttal need not be included on the list;
8. a list of all matters to be officially
				noticed;
9. a statement by each
				party as to the estimated length of time necessary to present its
				case;
10. all other
				stipulations;
11. a list of all
				pending motions;
12. a statement as
				to any other matters that may be relevant to a prompt disposition of the
				case;
13. the following
				certification: "We certify that we have conferred for the purpose of preparing
				this joint proposed prehearing order and that we have no objections to the
				contents of this prehearing order other than those attached"; and this order:
"IT IS ORDERED that this matter is set for hearing at _______
				  o'clock, __.M. on the _____ day of __________, 20__ and to continue until
				  completed."
______________________________
ADMINISTRATIVE LAW JUDGE
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-529 - Rehearing, Reopening

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Unless otherwise provided by law, a decision on the merits shall become final
				as to any party 30 days after transmission of the notice, the decision or the
				order unless a petition for reconsideration, reopening or rehearing is filed
				with the division within 10 days from date of transmission pursuant to
				R.S.
				49:959.
B. Any requests for reconsideration,
				reopening or rehearing shall be granted or denied by the administrative law
				judge who originally decided the case or any judge to whom the matter is
				subsequently assigned.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et seq., and
				  R.S.
				  49:958.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 5 - Commencement of Adjudications › Section III-531 - Termination of Adjudications; Voluntary Withdrawal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The administrative law judge may issue an
				order terminating an adjudication based upon voluntary waiver, withdrawal of
				the request for a hearing, rescission by the agency of the underlying action,
				settlement, stipulation, consent order, or any other procedure allowed by
				law.
B. In accordance with
				R.S.
				49:955(A), a party who
				requests an administrative hearing may be deemed to have waived its right to a
				hearing if after having been provided with reasonable notice the party fails to
				appear on the day and time set for hearing. In such instances, the rule to show
				cause, hearing request, or the party's appeal may be dismissed based on the
				party's waiver of the right to a hearing. The order of dismissal shall be
				transmitted to the party's last known address.
C. Abandonment
1. Except as otherwise provided by law, an
				action is abandoned when the parties fail to take any step in its prosecution
				or defense for a period of three years.
2. This provision shall be operative without
				formal order. However, on ex parte motion of any party, other interested person
				or the clerk of court, supported by affidavit, the administrative law judge
				shall enter an order of dismissal as of the date of its abandonment.
3. The affidavit shall specify that no step
				has been taken for a period of three years in the prosecution or defense of the
				action.
4. The order shall be
				transmitted to all parties, and the parties shall have 30 days from date of
				transmission to move to set aside dismissal based on a showing of good
				cause.
5. Any formal discovery as
				authorized by these rules and the Administrative Procedure Act and served on
				all parties, whether or not filed of record, including the taking of a
				deposition with or without formal notice, shall be deemed to be a step in the
				prosecution or defense of an action.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 7 - Adjudications › Section III-701 - Consolidation; Severance of Actions (formerly Section 511)

Current through Register Vol. 50, No. 6, June 20, 2024
A. When two or more adjudications involving
				common issues of law or fact are separately pending before DAL, the
				administrative law judge, may upon his/her own motion or that of any party, at
				any time prior to the adjudicatory hearing, order the consolidation of the
				matters or order a joint hearing on any of the common issues. If the matters
				are pending before two or more administrative law judges, the approval of each
				administrative law judge is required for consolidation. The matter with the
				higher docket number shall be transferred to the administrative law judge to
				whom the matter with the lower docket number was assigned.
B. An administrative law judge may sever
				consolidated matters to further administrative convenience, expedition, and
				economy, or to avoid undue prejudice. Severance may be ordered upon the
				administrative law judges own motion, or a partys motion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 7 - Adjudications › Section III-703 - Intervention

Current through Register Vol. 50, No. 6, June 20, 2024
A. A non-party seeking to intervene shall
				file a motion stating the specific grounds for the intervention. An
				administrative law judge may, upon contradictory hearing, permit the
				intervention of a non-party as permitted by law. To avoid undue delay or
				prejudice to the original parties, an administrative law judge may limit the
				factual or legal issues that may be raised by an intervenor.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 7 - Adjudications › Section III-705 - Continuances (formerly Section 515)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except
				where otherwise prohibited by law, a continuance may be granted in any case for
				good cause shown. Motions for continuance, when made prior to the date and time
				of the noticed hearing, shall be in writing and transmitted in accordance with
				Rule
				511 Continuances may be
				requested during a hearing or status conference upon an oral motion of a party
				made on the record.
B. A written
				motion for continuance should include:
1. the
				number of motions for continuance previously filed in the case by each
				party;
2. the specific reason for
				the continuance;
3. at least three
				proposed dates for the rescheduled proceeding;
4. a statement of whether the motion for
				continuance is opposed by any party or that the other party failed to respond
				whether they oppose the motion; and
5. a certificate of
				service.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 7 - Adjudications › Section III-707 - Prehearing Conferences and Orders (formerly Section 527)

Current through Register Vol. 50, No. 6, June 20, 2024
A. An administrative law judge, upon his/her
				own motion, or upon motion of any party, may direct the parties or their
				representatives to engage in a prehearing conference. The administrative law
				judge shall set the time and place for a prehearing conference, and shall give
				reasonable notice of the prehearing conference to all parties. Prehearing
				conferences may be conducted by telephone. Prehearing conferences will be
				conducted in accordance with
				R.S.
				49:998, for the purpose of dealing with any
				of the following:
1. exploration of
				settlement possibilities;
2.
				possibility of obtaining stipulations or admissions of fact;
3. simplification 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; and
10. any
				other matter to promote the orderly and prompt conduct of the
				adjudication.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 7 - Adjudications › Section III-709 - Motions (formerly Section 517)

Current through Register Vol. 50, No. 6, June 20, 2024
A. All requests to
				the administrative law judge shall be made by written motion, unless made
				during a hearing or conference, and shall state the grounds for the request and
				describe the action or order sought. A copy of all written motions shall be
				served on all parties as provided in
				§511 of these
				rules.
B. Unless otherwise
				provided, all motions shall be filed at least 10 days prior to the hearing,
				unless the need for the motion could not reasonably have been foreseen. Such
				motions should be filed as soon as the need for the motion becomes reasonably
				foreseeable.
C. Unless otherwise
				ordered by the administrative law judge, a response to a motion must be filed
				within five days after service of the written motion.
D. In cases where timelines must be
				accelerated to comply with legal deadlines, the administrative law judge may
				require motions and responses be filed in a shorter timeframe.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 7 - Adjudications › Section III-711 - Subpoenas (formerly Section 519)

Current through Register Vol. 50, No. 6, June 20, 2024
A. DAL may
				order the issuance of a subpoena, requiring the attendance and testimony of a
				witness and/or the production of objects or documents, upon written request of
				a party in compliance with this rule. All requests for subpoenas shall be
				received by DAL at least 15 business days prior to the date of the hearing,
				unless otherwise ordered by the administrative law judge or provided by law. In
				those instances, the administrative law judge will determine how far in advance
				subpoena requests must be received by DAL.
1.
				The subpoena request shall include the following:
a. the heading contained in
				§507.B of these
				rules;
b. the name of the party and
				the representative or attorney requesting the subpoena;
c. the complete name, service address (with
				directions if necessary), and telephone number of the person being
				subpoenaed;
d. a sufficient
				description of any document(s) or item(s) to be produced;
e. a brief statement demonstrating the
				potential relevance of the testimony or evidence sought;
f. the date, time, place and proceeding for
				which the subpoena is requested; and
g. a check or money order, made payable to
				each witness subpoenaed, to cover witness fees, and all other costs, fees, and
				expenses required by or as referenced by
				R.S.
				49:956(5).
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 7 - Adjudications › Section III-713 - Discovery (formerly Section 521)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party
				to a proceeding may conduct discovery in any manner provided by Title III,
				Chapter 3 of the Code of Civil Procedure.
B. A person from whom discovery is sought may
				file a motion for protective order to prevent that person from having to
				produce the discovery sought. A motion for protective order shall be filed
				prior to the date the discovery response is due. A person must respond to all
				discovery requests to the extent a protective order is not sought or is not
				granted.
C. A party alleging
				failure to comply with discovery shall file a motion to compel as soon as
				practicable. A motion to compel shall include the relevant portion of the
				discovery response(s) at issue, and shall be filed no less than 10 days before
				the date of the hearing on the merits, unless good cause is shown. An
				administrative law judge may deny or limit the relief sought in a motion to
				compel if he/she determines that the discovery requests at issue are improper
				or unduly burdensome.
D. When
				attempting to obtain documents or things from a party to the proceeding, the
				party seeking the documents should attempt to do so through other methods of
				discovery prior to requesting a subpoena duces tecum.
1. In cases conducted under
				R.S.
				32:661 et seq., the Louisiana Tests for
				Suspected Drunken Drivers law, a party seeking video or audio recordings of the
				underlying events should request that the subpoena duces tecum be directed to
				the arresting agency.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 7 - Adjudications › Section III-715 - Consent Order, Settlement, or Stipulation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The parties
				must promptly notify DAL of a settlement, stipulation, or consent
				order.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 7 - Adjudications › Section III-721 - Evidence (formerly Section 523)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Maps,
				drawings, and other exhibits should not exceed 8 1/2 by 14 inches unless they
				are folded or reduced to the required size.
B. During an in-person hearing, copies of all
				labeled and numbered exhibits shall be furnished to the administrative law
				judge and all parties, unless the administrative law judge rules
				otherwise.
C. For telephone
				hearings, a party submitting exhibits should submit them to the administrative
				law judge and all parties no later than three business days before the hearing,
				unless the administrative law judge rules otherwise. Failure to timely submit
				and exchange exhibits may result in exhibits not being admitted into
				evidence.
D. The weight given to
				any evidence shall be determined by the administrative law judge based on its
				reliability and probative value.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 7 - Adjudications › Section III-723 - Rehearing, Reopening (formerly Section 529)

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Requests for reconsideration, reopening, or rehearing are subject to the
				procedures and requirements of
				R.S.
				49:959. Any request for reconsideration,
				reopening, or rehearing must be received by DAL within 10 business days
				(exclusive of legal holidays or weekends) from the date the decision is
				transmitted. Computation of time shall be determined in accordance with
				Rule
				105
B. Unless otherwise provided by law, judicial
				review of a decision is subject to the procedures and time limits of
				R.S.
				49:964 and
				R.S.
				46:107.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:991 et seq., and
				  R.S.
				  49:958.