La. Admin. Code tit. 46 § LVII-917

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

Section LVII-917 - Conduct of Hearing; Record

A. Unless otherwise requested by the respondent, the adjudication hearing shall be conducted in closed session.

B. At an adjudication hearing, opportunity shall be afforded to complaint counsel and respondent to present evidence on any issue of fact and argument on any issue of law and policy involved, to call, examine, and cross-examine any witness, and to offer and introduce documentary evidence and any exhibit required for a full and true disclosure of the facts and disposition of the complaint.

C. Unless stipulation is made between the parties, and approved by the hearing panel, providing for other means of recordation, all testimony and other proceedings of an adjudication shall be recorded by a certified stenographer who shall be retained by the board to prepare a written transcript of such proceedings.

D. During evidentiary hearing, the presiding officer shall rule upon any evidentiary objection and other procedure question, but in his discretion may consult with the entire panel in executive session. At any hearing, the board may be assisted by legal counsel, retained by the board for such purpose, who is independent of complaint counsel and who has not participated in the investigation or prosecution of the case. If the board or panel is attended by such counsel, the presiding officer may delegate to such counsel ruling on any evidentiary objection and other procedural issue raised during the hearing.

E. The record in a case of adjudication shall include:

1. the administrative complaint and notice of hearing, respondent's response to the complaint, if any, subpoenas issued in connection with discovery in the case or hearing of the adjudication, and all pleadings, motions, and intermediate rulings;

2. evidence received or considered at the hearing;

3. a statement of matters officially noticed except matters so obvious that statement of them would serve no useful purpose;

4. offers of proof, objections, and rulings thereon;

5. proposed findings and exceptions, if any;

6. the decision, opinion, report, or other disposition of the case made by the board.

F. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

La. Admin. Code tit. 46, § LVII-917

Promulgated by the Department of Public Safety and Corrections, Board of Private Investigator Examiners, LR 19:1339 (October 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:3505(B)(1).