§ 3:4605 — Adjudicatory hearings

Louisiana § 3:4605

• Jurisdiction: Louisiana
• Title 3: Agriculture and Forestry

Text

§4605. Adjudicatory hearings
A. All adjudicatory hearings held by the commission shall be
conducted in accordance with the following provisions:
(1) The commissioner shall convene the commission for the purpose
of hearing the matter.
(2) The commissioner shall appoint a hearing officer who shall preside
over the hearing.
(3) The commissioner may issue subpoenas to compel the attendance
of witnesses or the production of documents and records anywhere in the state
in any hearing before the commission.
(4) The hearing shall be conducted in accordance with the provisions
of the Administrative Procedure Act.
(5) The commission shall make an initial determination on the matter.
This determination shall be submitted to the commissioner in writing.
(6) The commissioner shall make the final determination on the matter.
If the determination of the commissioner differs from the determination of the
commission, the commissioner shall issue a written opinion based on the
record of the hearing.
(7) Except as otherwise provided in this Paragraph, appeals from
rulings of the commissioner shall be taken in accordance with the provisions
of the Administrative Procedure Act. Notwithstanding the provisions of R.S.
49:978.1(B), any appeal from a determination of the commission or the
commissioner, when filed in forma pauperis, shall be by civil proceedings in
the district court for the parish in which the violation occurred.
B. Whenever the commissioner revokes, suspends, or imposes a
probation on a license, certificate, or permit, the holder of such license,
certificate, or permit shall be informed of the ruling by certified mail.

Legislative History

Acts 1992, No. 55, §1.