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-12901 - Hearing Panel and Hearing Master Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as otherwise provided, hearings
				  will be conducted by the Commission, Hearing Panel or Hearing Master. The
				  Hearing Panel and Hearing Master shall have authority to:
1. administer oaths and hold
				  hearings;
2. issue subpoenas for
				  the attendance of witnesses at depositions and hearings;
3. issue subpoenas for the production of
				  documents and other evidence at deposition and hearings.;
4. enforce subpoenas whenever any person
				  summoned neglects or refuses to obey such summons, or to produce documents or
				  other evidence, or to give testimony, as required;
5. schedule status conferences and prehearing
				  conferences for the purpose of defining issues, setting hearing dates and
				  prehearing deadlines, and for addressing such matters as the Hearing Master
				  deems appropriate;
6. schedule and
				  regulate the course of hearings, maintain decorum, and exclude from hearings
				  any person engaging in contemptuous conduct or otherwise disrupting the
				  proceedings;
7. grant filing
				  extensions and hearing continuances;
8. compel discovery and impose sanctions for
				  failure to comply with discovery rules and orders;
9. rule upon amendments to
				  pleadings;
10 examine
				  witnesses;
11. fix fees and mileage
				  of witnesses;
12. make evidentiary
				  rulings, including the qualification of expert witnesses;
13. accept testimony and exhibits into
				  evidence;
14. take official notice
				  of (a) proceedings, determinations, order, or other actions before or by the
				  Commission, (b) judicially cognizable facts not subject to reasonable dispute
				  that are generally known within the jurisdiction of the Commission or capable
				  of accurate and ready determination by resort to sources whose accurate cannot
				  reasonably be questioned, and (c) generally recognized technical or scientific
				  facts within the Commission's specialized knowledge. Parties shall be provided
				  reasonable notice either before or during the hearing of the material noticed,
				  including any staff memoranda or data, and they shall be afforded an
				  opportunity to contest the material so noticed;
15. direct the presentation or submission
				  into the record of evidence or testimony not otherwise presented or submitted
				  by any party to the proceeding, subject to objection by any party;
16. require the filing of memoranda of law
				  and the presentation of oral argument with respect to any question of law or
				  application of law to facts upon which a ruling is required;
17. require the filing of proposed findings
				  of fact and conclusions of law;
18.
				  receive offers of proof;
19.
				  prepare final recommendations;
20.
				  render interlocutory rulings upon all motions, exceptions, and other
				  preliminary matters filed by the parties;
21. recess any hearing from day to
				  day.