La. Admin. Code tit. 7 § XXXI-313

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXXI-313 - Investigative Hearing Procedure

A. Upon the belief that the Act or these rules and regulations may have been or will be violated, the board or commissioner may take the deposition of any person, firm or corporation for the purpose of investigating alleged violations or potential violations of the Act or these rules and regulations subject to the following conditions:

1. the deponent shall receive no less than five business days' notice of the date, time and place of the deposition. The place of said deposition shall be designated by the board or commissioner and shall be either in East Baton Rouge Parish or in the parish of domicile or principal place of business of deponent. In the event the deponent is not domiciled in Louisiana and has no principle place of business in Louisiana, the deposition may be noticed for and taken in East Baton Rouge Parish;

2. the subject of inquiry of the deposition shall be contained in the notice and the inquiry shall be limited to the subject or subjects noticed, said limitation being the same as those of a civil discovery deposition conducted in accordance with Louisiana law;

3. the notice shall advise deponent of the right to be represented by counsel and to be accompanied by counsel;

4. the notice shall advise of the potential uses of such deposition;

5. the notice shall advise of the right to read and sign the deposition;

6. the notice shall advise of the right to obtain a copy of such deposition upon payment of costs.

B. The board or commissioner may issue subpoenas and subpoenas duces tecum in connection with said deposition. The scope of same being governed by Louisiana law related to the scope of discovery deposition subpoenas.

C. In the event that any person, firm or corporation fails or refuses to comply with any subpoena issued hereunder, the board or commissioner may compel such compliance by civil action commenced in the Nineteenth Judicial District Court for the Parish of East Baton Rouge.

La. Admin. Code tit. 7, § XXXI-313

Promulgated by the Department of Agriculture, Dairy Stabilization Board, LR 9:8 (January 1983), amended by the Department of Agriculture and Forestry, Office of Agro-Consumer Services, Diary Stabilization Board, LR 20:401 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:4108 (formerly R.S. 40:931.8).