Louisiana Administrative Code › Title 7 - AGRICULTURE AND ANIMALS › Part XXIX - Horticulture Commission › Chapter 1 - Horticulture › Section XXIX-103 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hearings
1. Investigative hearings shall be for the
				purpose of investigating alleged violations of the Horticulture Law Law or
				regulations promulgated by the commission.
2. Investigative hearings may be held upon
				the call of the commission. Such hearings may be held in any part of the
				state.
3. The chairman, the
				secretary, a member designated by the chairman, or a hearing officer designated
				by the commission who need not be a member of the commission, shall preside at
				investigative hearings. All witnesses shall be sworn or shall make
				affirmation.
4. Investigative
				hearings conducted by the commission shall be open to the general
				public.
5. If the commission
				determines that evidence or testimony at an investigative hearing may tend to
				defame, degrade, or incriminate any person, it shall afford such person, upon
				request, an opportunity to appear as a witness; receive and dispose of requests
				from such persons to subpoena additional witnesses; and afford such person, or
				his attorney, upon request the opportunity to examine or cross-examine
				witnesses.
6. The director of the
				horticulture commission, upon approval of the chairman or secretary, is
				authorized to sign subpoenas which require the attendance and giving of
				testimony by persons who may possess any knowledge concerning any offense under
				investigation at an investigative hearing or for investigative purposes. The
				subpoena shall set forth reasonable grounds therefore, and shall order the
				person to appear at a designated time and place. The director may also order
				the issuance of a subpoena duces tecum as described above.
7. Whenever any person summoned under this
				regulation neglects or refuses to obey such summons or to produce books,
				papers, records or other data, or to give testimony as required, the commission
				may apply to the judge of the district court for the district within which the
				person so summoned resides or is found, for an attachment against him as for a
				contempt.
8. A subpoena may be
				served by any person authorized by law to serve civil process, or by any agents
				of the commission, and the return made in writing by any such person shall be
				accepted as proof of service.
9.
				The commission is the sole judge of the pertinency of testimony and evidence
				adduced at such hearings.
10. The
				attorney for the commission and that of any public agency which may be
				participating in the investigation shall have the right to be present at all
				hearings and shall have the right to examine or cross-examine any
				witness.
11. Witnesses at
				investigative hearings may be accompanied by their own counsel.
12. A copy of this regulation shall be made
				available to any witness and a copy shall be delivered at the time of making
				service, to each person upon whom a subpoena is served; in addition thereto
				each person upon whom a subpoena is served shall be informed in writing that
				the commission suggests that he consult his attorney and that his attorney
				should attend the hearing to advise him.
13. The commission may, in its discretion,
				issue a report upon the conclusion of any such investigative hearing.
14. As a result of such investigations, the
				commission may initiate adjudicatory proceedings against licensees, permittee,
				or persons engaged in any regulated profession or occupation, may refer matters
				to other public agencies and may take any other appropriate action.
15. Investigative hearings may be conducted
				jointly with other interested public agencies.
16. It shall not be necessary to publish any
				advance notice of any investigative hearing and it shall be necessary that
				subpoenas disclose the general nature of the investigation.
17. At all investigative hearings the
				testimony shall be recorded stenographically or otherwise. Upon payment of the
				costs thereof, and when authorized by the commission, a witness may obtain a
				transcript copy of his testimony given at a public session.