reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 4 - Designated Duties of the Ethics Administrator › Section I-402 - Oaths and Affirmations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				ethics administrator, if a notary, shall have power to administer oaths in
				matters related to the business of the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 5 - Designated Duties of the Trial Attorney › Section I-501 - Designation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The chairman,
				with the concurrence of a majority of the board, shall, with respect to each
				case in which charges have been filed and noticed for public hearing, designate
				an attorney to serve as trial attorney. The chairman shall make such
				designation, to the extent practicable, at the time charges are filed.
				Thereafter, the chairman may change the designation upon notice to the
				respondent.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 5 - Designated Duties of the Trial Attorney › Section I-502 - Duties

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be the
				responsibility of the trial attorney to marshall the evidence with respect to
				the proposed public hearing, cause all subpoenas and subpoenas duces tecum to
				be issued, and to present evidence and argument during the course of the public
				hearing in support of the stated charges.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 5 - Designated Duties of the Trial Attorney › Section I-503 - Ex Parte Communications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The designated trial attorney shall refrain from
ex parte
communications with the board and attorneys designated to advise the board or
				responsible for assisting in writing the opinion of the board, except as is
				otherwise specifically provided for in the Administrative Procedure Act,
				§960.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 5 - Designated Duties of the Trial Attorney › Section I-504 - Disqualification

Current through Register Vol. 50, No. 6, June 20, 2024
A. With respect to
				a particular public hearing, the trial attorney shall not give nor shall the
				board receive advice and counsel, and shall be disqualified from any authority
				or responsibility with respect to the formulation of the board's
				opinion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 6 - Advisory Opinions › Section I-601 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board shall receive requests for advisory opinions filed with it by affected
				persons. Requests for advisory opinions shall be in writing, state the name and
				address of the person requesting the advisory opinion, disclose his interest in
				the question presented, state the governmental agency and/or individual
				involved, specifically describe the transaction involved, be signed by the
				person making the request, and state sufficient facts to enable the board to
				respond. The board may decline to render an opinion with regard to any such
				request.
B. The board may on its
				own motion render an advisory opinion regarding any law within its
				jurisdiction.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 6 - Advisory Opinions › Section I-602 - Dating and Docketing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The ethics
				administrator shall cause the date of receipt to be noted on each request for
				an advisory opinion. A docket shall be maintained upon which each request shall
				be given an appropriate caption and number.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 6 - Advisory Opinions › Section I-603 - Placement on Agenda

Current through Register Vol. 50, No. 6, June 20, 2024
A. All requests
				for advisory opinions shall be placed for consideration on the general or
				consent agenda as soon as practicable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 6 - Advisory Opinions › Section I-604 - Consent Agenda

Current through Register Vol. 50, No. 6, June 20, 2024
A. The staff
				shall research and prepare a consent agenda of proposed advisory opinions
				consisting only of those advisory opinions which are based on and consistent
				with prior opinions and decisions of the board or its predecessors.
B. The board may review and revise any
				opinion prepared by the staff contained on the consent agenda.
C. If a member of the board objects to
				considering a proposed advisory opinion on the consent agenda, the item shall
				not be considered on the consent agenda but shall be placed on the general
				agenda.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 6 - Advisory Opinions › Section I-605 - Emergency Opinions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where the
				ethics administrator, upon receipt of a request for an advisory opinion,
				determines that an emergency exists and that said opinion must be rendered
				prior to the next regularly scheduled meeting of the board, the ethics
				administrator may, after consultation with the chairman of the board, issue an
				advisory opinion, in writing. Such opinion, issued by the ethics administrator,
				may be relied upon with impunity until such time as the board adopts a contrary
				or qualifying opinion. Such opinion, issued by the ethics administrator, shall
				be placed on the general agenda at the next meeting of the board at which time
				the board shall either confirm, modify, or reject the opinion.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 6 - Advisory Opinions › Section I-606 - Presentation of Requests

Current through Register Vol. 50, No. 6, June 20, 2024
A. All requests
				for advisory opinions shall be presented to the board by the staff at a public
				meeting. Following the presentation, the board shall decline the request, defer
				action thereon pending further fact-finding, declare its opinion, or take the
				request under advisement.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 6 - Advisory Opinions › Section I-607 - Withdrawal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				allow a request for an advisory opinion to be withdrawn if the person who
				submitted the request provides written reasons for withdrawal which the board
				deems sufficient.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 6 - Advisory Opinions › Section I-608 - Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The staff of the
				board shall provide the person requesting an advisory opinion written
				notification of the board's action within 30 days after such action.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 6 - Advisory Opinions › Section I-609 - Reconsideration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any affected
				person may file a request for reconsideration of an advisory opinion rendered
				by the board. No such request shall be considered by the board unless it is
				received by the staff within 30 days from the date of mailing of the advisory
				opinion which is the subject of the request for reconsideration.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 6 - Advisory Opinions › Section I-610 - Finality

Current through Register Vol. 50, No. 6, June 20, 2024
A. An advisory
				opinion rendered by the board shall be final on the date of mailing of the
				advisory opinion, if there has been no timely request for reconsideration of
				the advisory opinion in accordance with §609, or thereafter upon order of
				the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 6 - Advisory Opinions › Section I-611 - Persons to be Heard

Current through Register Vol. 50, No. 6, June 20, 2024
A. At any time
				during the board's general agenda, opportunity to appear before the board shall
				be provided to persons who would like to comment on an item of the board's
				general agenda, excluding those items scheduled as adversarial public
				hearings.
B. Subject to the
				provisions of this Section, the chairman shall have the authority to regulate
				the course of comments in connection with an item before the board, including
				the authority to begin and terminate the consideration of an item before the
				board, to continue consideration of the item to another time or location, and
				to limit comments which would be excessively cumulative or not related to the
				purpose of the matter; provided that nothing herein shall be construed to
				prevent the right of any citizen to speak at a public meeting.
C. Any person requesting to appear before the
				board, shall notify the executive secretary of their interest in the matter,
				and the group, organization or company they represent, if any, prior to the
				item being called by the board for consideration. Regarding comments provided
				before the board, the chairman shall give first preference for speaking to the
				person submitting the item to the board and second preference to any person who
				is the subject of the matter submitted. Thereafter the chairman shall allow
				those persons who have notified the executive secretary of their wish to appear
				before the board in order of the receipt of said notification. The chairman may
				fix the maximum amount of time that each person has to provide comments. The
				chairman shall allot the time in an equitable manner among those persons who
				are to be heard.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 7 - Complaints › Section I-701 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board shall consider any signed complaint from any elector concerning a
				violation of any law within its jurisdiction or the regulations or orders
				issued by the board. The complaint may be based on firsthand knowledge or on
				information and belief. Upon consideration of a complaint, the board may close
				the file, refer the complaint to investigation, or take such other action as it
				deems appropriate.
B. If the board
				receives a signed sworn complaint from any elector that does not present a
				potential violation of any law within its jurisdiction or the regulations or
				orders issued by the board, the board shall not initiate an investigation and
				will notify the complainant that the board declined to initiate an
				investigation and, accordingly, closed the file.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 7 - Complaints › Section I-702 - Dating and Docketing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				executive secretary shall cause the date of receipt to be noted on each
				complaint. The complaint shall be deemed filed only upon the board's initial
				consideration of same at a convened meeting. A docket shall be maintained upon
				which each complaint shall be given an appropriate caption and
				number.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 7 - Complaints › Section I-703 - Consideration of Other Information Concerning Possible Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				otherwise provided by law, the board may, by two-thirds majority vote (eight
				votes) of its membership, consider any matter which it has reason to believe
				may be a violation of any law within its jurisdiction including, but not
				limited to, a notice or report sent to the board by the legislative auditor,
				the inspector general, or otherwise received, and on such consideration may
				close the file, refer the matter to investigation, or take such other action as
				it deems appropriate.
B. If less
				than eight members of the board are participating at a convened meeting, then
				any matters described in §703. A shall be returned by the executive
				secretary to the board's agenda for the next scheduled meeting.
C. If at least eight members of the board are
				participating at a convened meeting, then a vote shall be taken on any matters
				described in §703 A, and such vote shall be conclusive as to each such
				matter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 7 - Complaints › Section I-704 - Notification of Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				board votes to refer a matter to investigation the executive secretary shall
				mail by certified mail a certified copy of the vote and an explanation of the
				matter to the subject of the non-sworn complaint or other matter as provided in
				§703 of these rules within 10 days after
				the vote occurs, along with a copy any complaint which redacts information
				about the identity of the complainant.
B. The executive secretary shall mail by
				certified mail a copy of the sworn complaint if one has been submitted to the
				board to the subject of the sworn complaint and the complainant within 10 days
				after the sworn complaint is received and considered.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 7 - Complaints › Section I-705 - Fact-Finding

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may,
				by majority vote of its participating members, refer media reports or verbal
				reports to fact-finding. The ethics administrator or his designee shall only
				engage in the requesting of a written response from the person who is the
				subject of the fact-finding and shall return the matter in not more than 60
				days to the board's agenda, at which time the board shall take such action as
				it deems necessary including, but not limited to, voting to consider a matter,
				as provided in
				§703 of these rules.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 7 - Complaints › Section I-706 - Withdrawal

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				complainant wishes to withdraw the complaint prior to the board's commencement
				of its investigation, withdrawal shall be allowed, except in cases where the
				board, by two-thirds majority vote of its membership, determines the issues to
				be of such importance as to warrant ordering the investigation in its own right
				and in the interest of the public welfare.
B. The executive secretary shall notify the
				complainant, by mail, of the board's decision with respect to the complainant's
				request for withdrawal within 10 days after the vote occurs. If the board votes
				to continue its investigation, then the notice provisions of
				§704 of these rules shall apply.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 7 - Complaints › Section I-707 - Elections Integrity

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				otherwise provided in §707, the general provisions relating to complaints
				shall apply to complaints filed regarding violations of elections
				integrity.
B. The board may
				investigate violations of elections integrity only upon receipt of a sworn
				statement by any voter of this state alleging error, fraud, irregularity, or
				other unlawful activity in the conduct of an election for the office of
				governor, lieutenant governor, secretary of state, state treasurer, attorney
				general, commissioner of elections, commissioner of agriculture, commissioner
				of insurance, United States Senator, United States Congressman, public service
				commissioner, member of the state Board of Elementary and Secondary Education,
				and justice of the Supreme Court.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 8 - Investigations › Section I-801 - Referrals to Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				board orders an investigation, it shall be the staff of the board that conducts
				the investigation and completes the investigation report.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 8 - Investigations › Section I-802 - Board Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				completion of an investigation, the report shall be presented to the board by
				its attorney(s) and shall be reviewed by the board. The board shall decide
				whether:
1. further investigation is
				necessary;
2. charges should be
				filed;
3. a consent opinion should
				be offered; or
4. the file should
				be closed in order to serve the public interest or because no violation
				occurred.
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 8 - Investigations › Section I-803 - Panel Recommendation; Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the board elects to sit in panels and
				an investigation is ordered by the board, once the investigation is completed
				and the report reviewed by the panel, the panel shall make a recommendation to
				the board that:
1. further investigation is
				necessary;
2. charges should be
				filed;
3. a consent opinion should
				be offered; or
4. the file should
				be closed in order to serve the public interest or because no violation
				occurred.
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 8 - Investigations › Section I-804 - Investigation; Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. During the
				course of an investigation, subpoena duces tecums and subpoenas may be issued
				to a respondent or witness at the request of the staff of the investigative
				division of the board. The subpoena duces tecums and subpoenas shall be issued
				by the executive secretary of the board upon presentation of a factual basis
				alleging a nexus between the object of the subpoena duces tecum and evidence of
				a possible violation of a law under the jurisdiction of the board. The factual
				basis used to issue the subpoena shall be a confidential document pursuant to
				R.S.
				42:1141.4(K) and shall not
				be dispensed to the public, respondent, or the recipient of the
				subpoena.
B. During the course of
				the investigation, interrogatories may be issued by the staff of the
				investigative division of the board.
C. Subpoenas, subpoenas duces tecum, and
				interrogatories may be served on a person in any of the following manners:
1. by personal service upon the person or his
				attorney of record by any law enforcement officer or agent of the
				board;
2. by domiciliary service
				upon a person of majority age at the residence of the person by any law
				enforcement officer or agent of the board;
3. by certified mail, return receipt
				requested to the person or his attorney of record; or
4. service may be waived by the person or his
				attorney of record.
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 8 - Investigations › Section I-806 - Investigations; Confidential

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				investigations shall be privileged and confidential.
B. All investigations shall be conducted at
				the direction of an attorney for the board.
C. The board or its staff shall not disclose
				subpoenas served, documents requested, or any information or documents gained
				from its investigations to any person or the general public, except under the
				following situations:
1. to a respondent or
				potential witness with sufficient information in order to allow for proper
				preparation for an interview, subpoena or document production; and
2. to afford a respondent or witness an
				opportunity to address evidence or testimony gained from another source. The
				disclosure of such information is at the sole discretion of the investigative
				and legal staff of the board.
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 8 - Investigations › Section I-808 - Investigations; Investigation Reports

Current through Register Vol. 50, No. 6, June 20, 2024
A. All documents, testimony or other
				information received by the staff of the board in connection with an
				investigation shall be privileged and protected from disclosure absent the
				waiver of said privilege by the board.
B. An investigative report shall be presented
				to the board by its attorney(s) for its consideration and deliberation in
				executive session.
C. In executive
				session, the board shall receive the presentation of the investigative report
				by its attorney(s) and review all relevant information and documents within the
				board's possession and knowledge and, thereafter, take one of the following
				actions:
1. order further
				investigation;
2. file charges;
				or
3. close the file.
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 9 - Consent Opinions › Section I-901 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may,
				in its sole discretion, offer consent opinions to those persons alleged to have
				violated any law within its jurisdiction.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 9 - Consent Opinions › Section I-902 - Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the board
				decides to offer a consent opinion, it shall direct its staff to prepare a
				draft to be sent to the subject of the allegation for acceptance, modification,
				or rejection. If the subject of the allegation accepts the terms of the
				proposed consent opinion, then the opinion shall be placed on the board's
				executive agenda for review. The board shall have the option to reject a
				proposed consent opinion and take further appropriate action. If the opinion is
				accepted by the board, the opinion shall be placed on the board's general
				business agenda for adoption and publication. If the subject of the allegation
				refuses the offer, then the item shall be placed upon the board's agenda for
				further action.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 10 - Hearings › Section I-1002 - Initiating Declaratory Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Declaratory hearings may be conducted, at the discretion of the board, upon
				submission of an application pursuant to
				R.S.
				42:1141.6.
B. The application shall be in writing and
				shall contain the following information:
1.
				the name, address, and telephone number of the applicant;
2. identification of the statutes, rules or
				opinions subject of the application;
3. the question presented to the board for
				ruling;
4. a concise statement of
				all particular facts necessary and sufficient to accomplish the following:
a. to show the nature of the controversy or
				uncertainty and the manner in which the rule or statute on which the
				declaratory ruling is sought applies or potentially applies to the applicant;
				and
b. to answer the question
				presented to the board for ruling.
5. a statement identifying all statutes,
				rules, or opinions that are relevant to the question presented by the
				applicant;
6. a statement of the
				reasons for submitting the application, including a full disclosure of the
				petitioner's interest in obtaining the declaratory opinion;
7. a statement as to whether the question
				presented by the applicant is presently pending before or under consideration
				by the board or any other administrative, legislative, or adjudicative
				body;
8. a statement as to whether
				the applicant has some other adequate legal remedy that will terminate the
				controversy or remove any uncertainty as to the applicability to the applicant
				or the circumstances cited of the statute, rule or opinion in question;
				and
9. an affidavit that verifies
				the facts stated in the application are true and correctly stated, and the
				verification is based on the documents attached to or identified in the
				application or based on the affiant's personal knowledge.
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 10 - Hearings › Section I-1003 - Assigning Declaratory Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				After receipt of the application, the board or panel thereof, at its next
				scheduled board meeting, if the application is granted, shall fix the time and
				place for the hearing on the applications.
B. For cause considered justifiable, the
				board or a panel thereof, the chairman, or its executive secretary, may upset
				any fixing and give the hearing a special assignment both as to time and place,
				with appropriate notification to all interested parties.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 10 - Hearings › Section I-1008 - Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				otherwise provided in the Administrative Procedure Act, the board may admit and
				give probative effect to evidence which possesses probative value commonly
				accepted by reasonably prudent men in the conduct of their affairs. The board
				may exclude incompetent, irrelevant, immaterial, and unduly repetitious
				evidence. Objections to evidentiary offers may be made and shall be noted in
				the record.
B. The board may limit
				corroborative evidence.
C. When a
				ruling is made excluding evidence, counsel may dictate into the record as a
				proffer available to be considered in the case of appellate review, the facts
				to be proven if the excluded evidence had been admitted.
D. The charges may be enlarged to conform
				with the evidence admitted.
E. The
				board shall give effect to the rules of privilege recognized by law.
F. All evidence, including records and
				documents in the possession of the board of which it desires to avail itself,
				shall be offered and made a part of the record, and all such documentary
				evidence may be received in the form of copies or excerpts, or by incorporation
				by reference. In case of incorporation by reference, the materials so
				incorporated shall be available for examination by the parties before being
				received in evidence. The authenticity of any such copies shall be
				presumed.
G. The board may take
				notice of judicially cognizable facts and federal census data.
H. The board may take notice of the
				provisions of any law within its jurisdiction without the necessity of an offer
				in evidence.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 10 - Hearings › Section I-1009 - Subpoena of Witnesses and Production of Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board, the ethics administrator, the
				executive secretary, and any specially designated agent of the board, shall
				have power to order the appearance of witnesses and to compel the production of
				books and papers pertinent to the issues involved in the hearing.
B. Any applicant desiring the issuance of a
				subpoena for any witness at the public hearing must apply for it, in writing,
				at least 10 days before the date fixed for the hearing and must give the name
				and physical address of the witness to whom the subpoena is to be
				directed.
C. In lieu of the
				issuance and service of formal subpoenas to state employees, the board or any
				person authorized by §1009 A, may request any agency to order any
				designated employee under its supervision to attend and testify at the hearing,
				and, upon being so ordered, the employee shall appear and furnish
				testimony.
D. Any applicant
				desiring the production of books, papers, photographs, or other items at any
				public hearing must apply for an appropriate order, in writing, at least 10
				days before the date fixed for the hearing. Such request for the issuance of a
				subpoena duces tecum must describe the books or papers to be produced in
				sufficient detail for identification, must give the full name and physical
				address of the person required to make such production and the materiality of
				their production to the issues must be certified to by the applicant or his
				counsel.
E. A subpoena duces tecum
				issued pursuant to
				§1009 shall be returnable at the hearing
				or at such earlier date, time, and place as specified therein.
F. Authenticated copies of books, papers,
				photographs, or other items in the custody of any agency of the state, or any
				subdivision thereof, which have been subpoenaed may be admitted in evidence
				with the same effect as the originals, but if original books, papers,
				photographs, or other items are subpoenaed, they must be produced and made
				available for inspection, even though authenticated copies may be subsequently
				introduced.
G. The board or its
				chairman may, for cause deemed sufficient, issue an appropriate order at any
				time recalling any subpoena, subpoena duces tecum, or request issued by it or
				him under the provisions of this rule. The applicant may likewise obtain an
				order from the board recalling any subpoena, subpoena duces tecum, or request
				issued or caused to be issued by him.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 10 - Hearings › Section I-1010 - Exclusion of Witnesses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board,
				on request of any applicant, an attorney for an applicant or the trial
				attorney, shall, or on its own motion, may order that the witnesses in any
				hearing be excluded so as to preclude any witnesses, other than the applicants,
				their attorneys and the trial attorney, from hearing the testimony of any other
				witnesses. If so ordered, all witnesses shall be administered an oath and
				admonished not to discuss their testimony until the conclusion of the
				proceeding, except with counsel.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 10 - Hearings › Section I-1012 - Consolidation of Public Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				When applications for declaratory opinions of two or more applicants involve
				similar or related circumstances, the board may, on its own motion, on motion
				of the trial attorney or on motion of an applicant, order a joint hearing of
				all applicants or may order separate hearings for specified
				applicants.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 10 - Hearings › Section I-1013 - Transcripts of Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				proceedings of all hearings shall be recorded, but shall be transcribed only
				upon order of the board or upon request made by an applicant therein,
				accompanied by proffer of such cost as may be determined by the executive
				secretary.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 10 - Hearings › Section I-1014 - Witness Fees in Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The travel
				expenses of an officer or employee of a state agency who is required to appear
				before the board shall be paid by the agency which employs him.
B. The board may order that any person who is
				not an officer or employee of a state department and who is subpoenaed to
				testify or provide documents at a public hearing shall be entitled to the same
				mileage and fees as are allowed witnesses in civil cases by the Nineteenth
				Judicial District Court for the Parish of East Baton Rouge.
C. If a witness is subpoenaed at the request
				of the applicant, the board may order the same cost of witness fees and mileage
				to be paid by the applicant.
D. The
				board or the executive secretary, before issuing a subpoena, may require the
				party requesting the subpoena to deposit with the executive secretary a sum
				sufficient to cover the mileage costs and witness fees, pending a determination
				of costs by the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 10 - Hearings › Section I-1017 - Board Action Following Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Following the close of a hearing, the board may either render its opinion or
				take the matter under advisement. In either event, the board may deliberate in
				general or executive session for the purpose of reaching a determination. The
				opinion may be made orally by dictating findings of fact and conclusions of law
				into the record or by causing a written opinion to be confected. If the matter
				is taken under advisement, the board shall have 90 days within which to render
				a decision.
B. In the event the
				board chooses to publish a written opinion, the board shall not receive
				assistance from the trial attorney in drafting and publishing its written
				opinion.
C. Except as otherwise
				specifically ordered by the board, the decision of the board shall be final:
1. on the date of mailing of notice to the
				applicant of the board's opinion, along with a certified copy of the approved
				minutes of the board, if the board renders its decision orally; or
2. on the tenth day following the publication
				of its opinion, if the board chooses to have a written opinion confected, if
				there has been no timely application for rehearing in accordance with
				§1019.
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 10 - Hearings › Section I-1018 - Rehearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				aggrieved may apply to the board for a rehearing, in writing, within 10 days
				from the date the board's decision becomes final. The grounds for an
				application for a rehearing shall be that:
1.
				the opinion is clearly contrary to the law and the evidence;
2. the party has discovered, since the
				hearing, evidence important to the issues which he could not have, with due
				diligence, obtained before or during the hearing;
3. there is a showing that issues not
				previously considered ought to be examined in order to properly dispose of the
				matter; or
4. there is other good
				ground for further consideration of issues and the evidence in the public
				interest.
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 11 - Pre-Hearing Procedure › Section I-1101 - Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any public
				servant or other person who has been notified that he is to be the subject of a
				public hearing pursuant to the provisions of
				R.S.
				42:1141.4 et seq. and the trial attorney and
				general counsel for the board shall be entitled to conduct discovery regarding
				any matter, not privileged, which is relevant to the pending public hearing. It
				is not grounds for objection that the information sought will be inadmissible
				at the hearing if the information sought appears reasonably calculated to lead
				to the discovery of admissible evidence.
B. Upon the filing of charges for violations
				of any law under the jurisdiction of the board, the respondent and the board,
				through its trial attorney(s) or general counsel, shall be granted the right of
				discovery in the following manner.
1.
				Depositions shall be allowed until within two weeks of trial.
2. All documents intended for admission at
				trial, motion or hearing shall be copied and delivered to the respondent and to
				the trial attorney(s). The delivery shall be provided within 15 days of receipt
				of a request for production of said documents. Additions shall be allowed upon
				a showing of good cause, lack of bad faith or joint consent.
3. All other documents within the possession
				of the trial attorney or the respondent or his counsel, except documents that
				reveal the identity of the complainant or are otherwise privileged, shall be
				made available for inspection or may be copied within 15 days of receipt of a
				request for production of said documents.
4. Any exculpatory or mitigating documents,
				that are not otherwise privileged, shall be delivered to the trial attorney or
				the respondent or his counsel within 15 days of receipt of a request for
				production of documents for said documents.
5. An expected witness list shall be produced
				to the opposing party at least 30 days subsequent to a request for such
				information. Additions shall be allowed upon a showing of good cause, lack of
				bad faith or joint consent.
6. All
				written statements of any witnesses intended to be called at a hearing or trial
				shall be delivered within 15 days of receipt of a request for production of
				said documents.
7. No work product
				of attorneys and no investigation reports shall be delivered to the respondent
				or his attorney.
8. The trial
				attorney(s) and any respondent or his attorney may serve upon each other
				written interrogatories or requests for admissions, pursuant to the provisions
				of applicable
Code of Civil Procedure
articles, to be answered
				by the party served within 15 days of receipt. Written interrogatories served
				in accordance with this provision shall not exceed 35 in number, including
				subparts.
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 12 - Late Filings › Section I-1201 - Late Filing; Notice of Delinquency [Formerly Section 1202]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The staff shall mail, by certified mail, a
				notice of delinquency within four business days after the due date for any
				report or statement, of which the staff knows or has reason to know is due by
				the filer that is due under any law within the boards jurisdiction which has
				not been timely filed.
B. If the
				date on which a report is required to be filed occurs on a weekend or federal
				or state holiday, the report shall be filed no later than the first working day
				after the date it would otherwise be due that is not a federal or state
				holiday.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 12 - Late Filings › Section I-1203 - Late Filing; Assessment of Late Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. The staff of the board shall automatically
				assess and order the payment of late filing fees for any failure to timely file
				any report or statement due under any law within the boards jurisdiction in
				accordance with the law on the assessment of late fees.
B. The assessment and order of the late fee
				shall be mailed by certified mail to the late filer. If the assessment and
				order is not claimed by the late filer, the assessment and order shall be
				served on the late filer via a subpoena of notice.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 12 - Late Filings › Section I-1205 - Late Filing [Formerly Section 1204]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions. For purposes of §1205,
				the following definitions shall apply.
Amount of Activity-
the total amount of
				  receipts or expenditures, whichever is greater.
Person Regularly Responsible-
the person
				  designated by the person required to file a report, in accordance with any law
				  under the jurisdiction of the board, who is responsible for keeping the records
				  and filing the reports on behalf of the required filer.
B. An automatic late fee shall not be
				assessed, and if one is assessed shall be rescinded by the staff, if the person
				required to file the report did not file the report for any of the following
				reasons which occurred on the due date or during the 14 days prior to the date
				the report was due:
1. death of the person
				required to file or the person regularly responsible, or a death in their
				immediate family, as defined in
				R.S.
				42:1102(13);
2. serious medical condition, in the
				considered judgment of the staff, which prevented the person required to file
				or the person regularly responsible from filing the report timely;
3. a natural disaster, an act of God, force
				majeure, a catastrophe, or such other similar occurrence.
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 12 - Late Filings › Section I-1207 - Late Filing; Waiver [Formerly Section 1205]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person assessed with automatic late
				filing fees may request a waiver of the late fee, in writing, to the board
				within 20 days after the receipt of the assessment requiring the payment of
				late filing fees, setting forth the facts which tend to prove that the late
				filer had good cause for filing late.
B. The executive secretary shall place all
				such requests for a waiver on the boards agenda for consideration. If a late
				filer requests to make an appearance, the executive secretary shall schedule
				the appearance.
C. At the time of
				submission of his request for a waiver, the late filer shall submit all
				information and documentation to support his request.
D. If the board affirms the order assessing
				the late fee, notice shall be mailed by certified mail to the late filer,
				notifying him that the order was affirmed.
E. If the board waives the late fee, notice
				of the boards decision shall be issued by regular mail.
F. If the board alters in any way the
				assessment of the late fee after consideration of a waiver request, a new order
				shall be issued by the staff of the board consistent with the decision of the
				board after consideration of the waiver request. The new order shall be sent to
				the late filer in the manner set forth in §1203 B
G. Within 20 days of receipt of the notice of
				the boards decision on the waiver request, the late filer may seek
				reconsideration of the boards decision only upon submission of information not
				provided or available to the board during its initial consideration of the
				matter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 12 - Late Filings › Section I-1209 - Late Filing; Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				ordered to pay late filing fees pursuant to
				§1203 may appeal the order to the Ethics
				Adjudicatory Board.
B. Notice of
				the persons intent to appeal should be submitted in writing to the executive
				secretary of the board within 20 days of the receipt of the order.
C. The notice of intent to appeal shall
				include all grounds for which the late filer is seeking an appeal, along with
				any documentation and evidence to be considered by the Ethics Adjudicatory
				Board.
D. The executive secretary
				shall forward the notice of appeal, along with the order assessing the late fee
				and any correspondence concerning the assessment of the late fee to the Ethics
				Adjudicatory Board. The notice from the executive secretary shall include the
				name of the attorney for the board and contact information for the late
				filer.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 12 - Late Filings › Section I-1211 - Late Filing; Suspension

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the board suspends a late fee based on one or more conditions and
										the late filer does not comply with the condition, the failure to comply with the condition is called the
										"triggering event".
B. When a triggering event occurs, the
										portion of the late that was suspended shall be immediately due and owing. At that time, the staff shall send
										a demand letter to the late filer advising the late filer of the "triggering event" and that the suspended
										portion of the late fee is now due and owing, and failure to pay will result in collection procedures being
										pursued.
C. If a triggering event does not occur within eight
										years after the board suspended the late fee, the suspended portion of the late fee is waived in
										full.
AUTHORITY NOTE: Promulgated
											  in accordance with R.S.
											  42:1134(A).
Louisiana Administrative Code › Title 52 - ETHICS › Part I - Board of Ethics › Chapter 13 - Records and Reports › Section I-1301 - Custodian

Current through Register Vol. 50, No. 6, June 20, 2024
A. The executive
				secretary shall be the custodian of all records, reports, and files, including
				electronic reports and files of the board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  42:1134(A).