Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 1 - General Rules › Section III-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following terms used in this Chapter
				shall have the meanings listed below, unless the context otherwise requires, or
				unless specifically redefined in a particular Section.
Adjudication
-agency process for the
				  formulation of a decision or order.
Adjudicatory Hearing
-a contested case
				  hearing conducted by an administrative law judge pursuant to the APA in which
				  the legal rights, duties, or privileges of a person are required by law to be
				  determined after notice and an opportunity for a hearing. This does not include
				  telephone status conferences.
Adjudicatory Record
-all pleadings,
				  documents, correspondence and other items filed with the administrative
				  hearings clerk in connection with an adjudication, including those items
				  specified in R.S. 49:955(E).
Administrative Hearings Clerk
-an individual
				  designated by the Director of DAL to administer case files in all
				  adjudications. The administrative hearings clerk is the custodian of records
				  for DAL.
Administrative Law Judge
-a judge of the
				  executive branch, employed by DAL, who exercises quasi-judicial power by
				  adjudicating matters pursuant to the APA.
APA
-Administrative Procedure Act, R.S.
				  49:950, et seq.
Clerk of Court
- the person who, directly or
				  through his/her designee, maintains custody of and receives filings to the
				  adjudicatory record for the division.
DAL
-the Division of Administrative
				  Law.
Decision or Order
-the whole or any part of
				  the final disposition (whether affirmative, negative, injunctive, or
				  declaratory in form) of any agency, in any matter other than rulemaking,
				  required by constitution or statute to be determined on the record after notice
				  and opportunity for an agency hearing.
Discovery
-the process of determining
				  relevant information for use at an administrative hearing. Discovery is
				  conducted prior to an administrative hearing.
Division
-the Division of Administrative
				  Law.
Electronic Transmission/Electronic
				  Means
-methods to deliver documents over the internet or other wired or
				  wireless means including, but not limited to, e-mail, facsimile, and document
				  sharing through the internet
Evidence
-testimony and exhibits admitted by
				  an administrative law judge into the adjudicatory record to prove or disprove
				  the existence of alleged facts.
Exhibits
-documents, records, photographs, or
				  other forms of data compilation, regardless of media, or other tangible objects
				  offered by a party as evidence in an adjudication.
In Camera Inspection
-a private review by the
				  administrative law judge of records received as evidence, or a proceeding
				  during which such records are reviewed in which only authorized persons are
				  permitted to inspect, copy, or otherwise learn of the contents of such
				  records.
Party
-each person or agency named or
				  admitted as a party, or properly seeking and entitled as of right to be
				  admitted as a party.
Person
-an individual, representative,
				  corporation, or other entity, including a public or non-profit corporation, or
				  an agency or instrumentality of federal, state, or local government.
Pleading
-a filed document that sets forth
				  requests for procedural or substantive relief, makes claims, alleges facts,
				  makes legal argument(s), or otherwise addresses matters to be considered in an
				  adjudication.
Qualified Interpreter
-a person whose
				  qualifications are such that he/she is able to accurately communicate with and
				  convey information to and from a person who is hearing impaired or who cannot
				  speak or understand the spoken or written English language.
Referring Agency
-the state agency for which
				  an adjudication is being held.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 49:991 et seq. and R.S.
				  49:958