Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 11 - Pre-Hearing Procedure › Section I-1102 - Motions and Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Motions
				and exceptions may be made before, during, or after a public hearing.
B. Motions and exceptions made before or
				after the public hearing shall be filed with the appropriate panel of the
				Ethics Adjudicatory Board. Contradictory motions and exceptions shall be
				accompanied by a memorandum which shall set forth a concise statement of the
				grounds upon which the relief sought is based and the legal authority
				therefore.
C. A motion for summary
				judgment may be filed by either the respondent or the trial
				attorney(s)
C. Motion for Summary
				Judgment; Procedure before the Ethics Adjudicatory Board
1. A motion for summary judgment may be filed
				by the Louisiana Board of Ethics or the respondent without leave of the Ethics
				Adjudicatory Board and without an agreement by any other party to the use of
				summary judgment procedure, at any time before, during or after a public
				hearing on the merits.
2. The
				summary judgment procedure is designed to secure the just, speedy, and
				inexpensive determination of every action. This procedure is favored and shall
				be construed to accomplish these ends.
3. Motions for summary judgment before the
				Ethics Adjudicatory Board shall be solely governed by the Louisiana Code of
				Governmental Ethics, the Rules for the Louisiana Board of Ethics and the
				Administrative Procedure Act.
4.
				After an opportunity for adequate discovery, a motion for summary judgment
				shall be granted if the motion, memorandum, and supporting documents show that
				there is no genuine issue as to a material fact and that the mover is entitled
				to judgment as a matter of law.
5.
				Documents that may be filed in support of or in opposition to the motion are:
a. pleadings;
b. memorandum;
c. affidavits;
d. depositions;
e. answers to interrogatories;
f. written stipulations;
g. admissions;
h. the Louisiana Board of Ethics
				investigative file;
i. all records
				and documents in the possession of the Louisiana Board of Ethics, which may be
				received in the form of copies or excerpts or by incorporation by reference,
				which shall be made available to the respondent prior to the hearing on the
				motion for summary judgement for examination; and
j. any other documents that give probative
				value commonly accepted by reasonably prudent men in the conduct of their
				affairs.
6. The Ethics
				Adjudicatory Board may exclude incompetent, irrelevant, or immaterial, and
				unduly repetitious evidence.
7. All
				objections to evidentiary offers may be made and shall be noted in the record.
				When an objection to an evidentiary offer is sustained by the Ethics
				Adjudicatory Board, the subject evidence shall be considered proffered into the
				record with or without a motion.
8.
				The burden of proof rests with the mover.
a.
				Nevertheless, if the mover will not bear the burden of proof at the public
				hearing on the merits on the issue before the Ethics Adjudicatory Board on
				motion for summary judgment, the movers burden on the motion does not require
				him to negate all essential elements of the adverse partys claim, action, or
				defense, but rather to point out to the court the absence of factual support
				for one or more elements essential to the adverse partys claim, action, or
				defense.
b. The burden is on the
				adverse party to produce factual support sufficient to establish the existence
				of a genuine issue of material fact or that the mover is not entitled to
				judgment as a matter of law.
9. The Ethics Adjudicatory Board may render
				summary judgment dispositive of a particular issue or defense in favor of one
				or more parties even though the granting of the summary judgment does not
				dispose of the entire case as to that party or parties.
10. The Ethics Adjudicatory Board may render
				or affirm summary judgment only as to those issues set forth in the motion
				under consideration by the board at that time.
11. Notice of the hearing on the Motion for
				Summary Judgment shall be transmitted to the Louisiana Board of Ethics through
				the secured electronic file transfer system and to the Respondent through his
				counsel of record, or if no counsel of record, to the Respondent, by either
				email or regular mail to last known email or mailing address provided by the
				Respondents counsel of record or Respondent to the Ethics Adjudicatory
				Board.