Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXV - Credentialed Social Workers › Chapter 9 - Procedural Rules › Section XXV-935 - Evidence ; Burden of Proof

Current through Register Vol. 50, No. 6, June 20, 2024
A. In an
				adjudication hearing, the board or the designated board hearing panel may give
				probative effect to evidence which possesses probative value commonly accepted
				by reasonably prudent people in the conduct of their affairs. To the extent
				applicable or not subject to exception, effect will be given to the rules of
				privilege recognized by law. The panel may exclude incompetent, irrelevant,
				immaterial, and unduly repetitious evidence. Objections to evidentiary offers
				may be made and shall be noted in the record. Subject to these requirements,
				when a hearing will be expedited and the interest of the parties will not be
				prejudiced, any part of the evidence may be received in written form.
B. Any records and documents in the board's
				possession which either party desires the board to consider may be offered and
				made a part of the record. Such materials may be received into the record in
				the form of copies or excerpts and shall be available for the respondent's
				legal counsel to examine before being received into evidence.
C. To the extent not prohibited by law, the
				hearing panel will honor and receive written stipulations arrived at between
				the parties as a proven fact at the hearing. The hearing panel, as appropriate,
				will also accept verbal stipulations arrived at between the parties during the
				hearing as proven fact, provided both parties and/or their respective legal
				counsel acknowledge the factual content of the stipulation on the record. The
				hearing panel may use stipulations as well as other evidence in arriving at any
				decision.
D. The hearing panel may
				take notice of judicially cognizable facts and of generally recognized
				technical or scientific facts within the hearing panel's social work or
				clinical social work knowledge. The parties shall be notified either before or
				during the hearing of any material noticed or sought by any party to be
				noticed. All parties will be afforded an opportunity to contest any materials
				so noticed. The hearing panel may draw upon its knowledge of social work,
				social work methodology, and clinical social work methods in evaluating any
				evidence presented.
E. The
				presiding officer at the hearing shall have the power to administer oaths or
				affirmations to all witnesses appearing to give testimony. The presiding
				officer shall regulate the course of the hearing, set the time and place of
				continued hearings, fix the time for the filing of briefs and other documents
				(if any are required or requested), and may direct the parties to appear and
				confer to consider simplifying issues.
F. In adjudication hearings before the board
				or any board hearing panel, the Louisiana Code of Evidence may be used as a
				reference by the panel for admissibility of evidence and other evidentiary
				issues. The provisions of the Code of Evidence relating to hearsay are not
				strictly applicable to adjudication hearings.
G. At an adjudication hearing, the burden of
				proof rests with the attorney general or the assistant presenting the evidence
				before the hearing panel. No sanction shall be imposed or order issued except
				upon consideration of the entire record as supported by and in accordance with
				reliable, probative and substantial evidence. The burden of proof related to
				any issue is a preponderance of evidence.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:2705.C.