La. Admin. Code tit. 46 § LXX-15225

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

Section LXX-15225 - Evidentiary Issues

A. Considering the purpose of the board and the Boards of Commissioners or Examiners is to regulate state commissioned pilots and not to determine issues of liability or negligence, certain prohibitions concerning the use of its reports and testimony from their members and employees are hereby adopted:

1. The discovery of and admissibility as evidence in a civil proceeding of the reports of the board or the Board of Commissioners or Examiners (other than in an administrative proceeding initiated by the board or the Board of Commissioners or Examiners) involving a state commissioned pilot is prohibited. The term "reports" includes findings of fact, opinions, recommendations, deliberations, and conclusions.

2. The use of any form of discovery, including depositions of members of the board or the Board of Commissioners or Examiners, its employees, investigators, counsel, and prosecutors, and the compelling or allowing of their testimony in any civil or administrative proceeding relevant to the performance of their duties is prohibited, their testimony is not admissible, and the report is not considered the report of an expert.

3. The board and the Board of Commissioners or Examiners, as well as its members, employees, investigators, counsel, and prosecutors may enforce these provisions by means of injunctive relief.

4. If the court grants injunctive relief as sought by the board and the Board of Commissioners or Examiners, or any of its members, employees, investigators, counsel, and prosecutors, the court may award to the board, the Board of Commissioners or Examiners, or any of its members, employees, investigators, counsel, or prosecutors attorneys fees and costs incurred against the party attempting to use the information prohibited in R.S. 34:1135.N.1.

La. Admin. Code tit. 46, § LXX-15225

Promulgated by the Office of the Governor, Board of Louisiana River Pilot Review and Oversight, LR 36:991 (May 2010).

AUTHORITY NOTE: Promulgated in accordance with R.S. 34:1135.N.