La. Admin. Code tit. 40 § III-123

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

Section III-123 - Hearing Procedure

A. Hearing held under these rules and regulations shall be conducted by the board, or by its designated hearing officer, in accordance with the rules and procedures set forth in R.S. 49:956.

1. The chairman of the board or the vice chairman in the absence of the chairman or the hearing officer assigned to the matter shall announce the title and docket number of the proceedings before the board and direct a reading into the record of the notice of hearing together with the written appearances of the applicant and shall note the subpoenas issued and returns thereon. Attorneys and/or other representatives of the applicant shall be recognized along with the representatives of the board and other proper parties.

2. The applicant shall then present his evidence subject to cross examination by the board and other proper parties in those cases where the applicant requested the hearing be held.

3. The board shall then present its evidence subject to cross examination by the applicant and other proper parties.

4. Where the board has called the hearing on its own motion, the order of presentation of evidence shall be reversed.

5. The board may make an informal disposition of the case by stipulation, agreed settlement, consent order or default.

6. The board shall render its final decision and order in accordance with R.S. 49:958.

La. Admin. Code tit. 40, § III-123

Promulgated by the Department of Labor, Office of Workers' Compensation, Second Injury Board, LR 1:146 (February 1975), amended LR 3:50 (January 1977), LR 3:497 (December 1977), amended by the Department of Employment and Training, Office of Workers' Compensation, Second Injury Board, LR 17:181 (February 1991).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1376.