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-12903 - Procedure for Review of Hearing Panel or Hearing Master Recommendations Regarding Final Determinations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Except as is provided in Subpart B, C, and D of this Rule, the preparation and
				  review procedure for a recommendation from the Hearing Panel or Hearing Master
				  regarding a final determination in a proceeding is as follows.
1. At the conclusion of the taking of any
				  evidence and testimony on the matter to be decided and after consideration of
				  the evidence and testimony and any pertinent authority, the Hearing Panel or
				  Hearing Master shall prepare a written proposed recommendation of final
				  determination. Unless the nature of the proceeding necessitates a different
				  format and substance, the proposed recommendation shall contain a summary of
				  the allegations or application, pertinent legal authority and factual
				  background, a review of the procedural history of the matter, findings of fact,
				  conclusions of law and the recommended determination. The proposed
				  recommendation shall be filed into the record, with copies contemporaneously
				  mailed to all parties of record.
2.
				  Within fifteen (15) days of the filing of the proposed recommendation, any
				  party may file into the record an exception to the proposed recommendation. The
				  exception shall be in the form of a legal memorandum, and shall contain a
				  statement of errors, pertinent legal authority, and references to the record in
				  the proceeding, as appropriate. The exception shall not make reference to
				  evidence of any kind which is not already a part of the record, except that a
				  party may argue as to evidence tendered but excluded (offers of
				  proof).
3. If no party timely files
				  an exception to the proposed recommendation, the recommendation shall become a
				  final recommendation and shall be immediately forwarded to the Commissioners
				  for consideration and for vote.
4.
				  If an exception to the proposed recommendation is timely filed, any party
				  wishing to oppose the exception shall have fifteen (15) days from the filing of
				  the exception in which to file an opposition memoranda into the record. The
				  opposition memoranda shall address the statement of errors contained in the
				  exception and shall include pertinent legal authority and references to the
				  record in the proceeding, as appropriate. The opposition memoranda shall not
				  include references to evidence of any kind which is not already a part of the
				  record, except that a party may argue as to evidence tendered but excluded
				  (offers of proof).
5. At the
				  conclusion of the time period for filing opposition memoranda to timely filed
				  exceptions, no further briefing shall be allowed, except with the consent of
				  the Hearing Panel or Hearing Master or by vote of the Commission.
6. After reviewing any timely filed exception
				  and opposition memoranda, the Hearing Panel or Hearing Master shall prepare a
				  final recommendation. The final recommendation shall contain the elements
				  described in Subpart A.1 of this Rule.
7. At the time the final recommendation is
				  filed into the record, copies of the final recommendation shall be forwarded to
				  the Commissioners and mailed to all parties of record. Copies of the final
				  recommendation shall also be forwarded to the Administrator for placement on
				  the Commission meeting agenda for vote by the Commissioners.
8. Within five (5) working days of the
				  issuance of the final recommendation, any party may request the opportunity to
				  present oral argument at the Commission meeting. The request shall be in
				  writing and shall be filed directly with the Administrator. The requesting
				  party shall also mail a copy of the request to each Commissioner and to each
				  party of record and shall file a copy of the request in the record of the
				  proceeding. The request shall state the reasons why oral argument should be
				  permitted and shall be considered a request on behalf of all parties to the
				  proceeding. The Administrator shall place the request for oral argument on the
				  Commission meeting agenda along with the final recommendation and shall notify
				  the parties of its placement on the agenda. The request for oral argument shall
				  be granted only upon a majority vote of the Commission at the Commission
				  meeting, in response to a timely filed, written request. In granting a request
				  for oral argument, the Commission may direct either that argument be presented
				  during the course of that Commission meeting or at a subsequent Commission
				  meeting. A party may waive its opportunity to present oral argument, either
				  expressly or through its failure to appear and participate in the oral
				  argument. Nothing in this subpart shall be construed as precluding any
				  Commissioner from soliciting information, positions or recommendations or
				  asking questions of any party appearing at a Commission meeting, regardless of
				  whether a request for oral argument has been filed.
9. In the event the Commission votes to grant
				  the request for oral argument, each opposing party (unless otherwise specified
				  in the Commission vote) shall be allotted a maximum of 10 minutes. In addition,
				  when several parties are aligned on the same side, those parties shall be
				  allowed a total of ten (10) minutes to be allotted among themselves.
10. In the event the Commission affirms the
				  final recommendation of the Hearing Panel or Hearing Master, the recommendation
				  shall be incorporated into the Order issued by the Commission.