La. Admin. Code tit. 33 § I-329

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-329 - Ex Parte Communication and Recusation

A. Ex parte communication is governed by R.S. 49:950 et seq.

B. Recusation

1. Recusation of a Presiding Officer

a. Any motion by a party requesting recusal of a presiding officer pursuant to R.S. 49:950 et seq., shall be filed in the adjudicatory record promptly upon discovery of the alleged disqualification with a copy served personally or by mail upon the presiding officer. The motion shall be accompanied by an affidavit (with any supporting documentation) stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. This motion shall be filed prior to the adjudicatory hearing unless the party discovers the facts constituting the grounds for recusation thereafter, in which event it shall be filed immediately after the facts are discovered, but prior to a decision or recommendation.

b. If a valid ground for recusation is set forth in the motion and supporting affidavit and documents, the presiding officer shall either promptly recuse himself or refer the motion to the secretary for a decision, notwithstanding the requirements of LAC 33:I.361. The issue shall be determined promptly by the secretary.

c. Upon the entry of an order of disqualification affecting a presiding officer, the secretary shall assign another presiding officer or conduct the hearing himself.

2. Recusation of the Secretary

a. Any motion to recuse the secretary shall be filed into the adjudicatory record promptly upon discovery of the alleged disqualification with a copy served personally or by mail upon the secretary. The motion shall be accompanied by an affidavit (with any supporting documentation) stating with particularity the grounds upon which it is claimed that a fair and impartial decision cannot be accorded. This motion shall be filed prior to a final decision by the secretary.

b. If a valid ground for recusation is set forth in the motion and supporting affidavit and documents, the secretary shall either promptly recuse himself or hold an evidentiary hearing on the issue of his recusal.

c. If the secretary determines that he is to be a witness at the recusal hearing, then he shall recuse himself from said hearing and ask the governor to appoint a secretary ad hoc to preside at the recusal hearing. The secretary ad hoc shall promptly render a decision on the recusal following the hearing. If the secretary is not to be a witness, the secretary shall promptly render a decision on his recusal following the hearing. If the ultimate decision is to recuse the secretary, the secretary shall promptly request the governor to appoint a secretary ad hoc.

La. Admin. Code tit. 33, § I-329

Promulgated by the Department of Environmental Quality, Office of the Secretary, Administrative Hearings Division, LR 21:558 (June 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.