La. Admin. Code tit. 42 § IX-1111

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

Section IX-1111 - Special Procedures for Hearings on Alleged Violations of the Rules of Conduct

A. Hearings

1. The board or the ethics committee established by the board shall not impose any penalty for violation of the corporation rules of conduct without a hearing and after reasonable notice informing such person or entity of:

a. the date, time and place of such hearing;

b. a reference to the specific rules of conduct such person or entity is alleged to have violated; and

c. a short and plain statement of the matters asserted.

2. At such hearing, the person or entity subject to such hearing shall have the right:

a. to be represented by counsel;

b. to call and examine witnesses to the production of evidence;

c. to introduce evidence and exhibits; and

d. to cross-examine opposing witnesses.

3. However, no person against whom such a proceeding is instituted may require production of security or confidential records of the corporate corporation unless relevant to the alleged misconduct of the person for whom the hearing is held.

B. Determinations. After conclusion of a hearing held pursuant hereto, the board or the ethics committee, as the case may be shall begin deliberations on the evidence and then proceed to determine by majority vote whether there has been a violation of the rules of conduct, and, if so, what is an appropriate penalty for such violation. The findings of the board or the ethics committee may, but need not, be made public.

C. Record of Hearings. The board or the ethics committee, as the case may be, shall cause a record to be made of all hearings held pursuant hereto. Such record may, but need not, be made public.

La. Admin. Code tit. 42, § IX-1111

Promulgated by the Louisiana Economic Development and Gaming Corporation, LR 19:1017 (August 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 4:601 et seq.