§ 49:976 — Examination of evidence by agency

§976. Examination of evidence by agency
When in an adjudication proceeding a majority of the officials of the agency who are
to render the final decision have not heard the case or read the record, or the proposed order
is not prepared by a member of the agency, the decision, if adverse to a party to the
proceeding other than the agency itself, shall not be made final until a proposed order is
served upon the parties, and an opportunity is afforded to each party adversely affected to file
exceptions and present briefs and oral argument to the officials who are to render the
decision. The proposed order shall be accompanied by a statement of the reasons therefor
and of the disposition of each issue of fact or law necessary to the proposed order, prepared
by the person who conducted the hearing or by one who has read the record. No sanction
shall be imposed or order be issued except upon consideration of the whole record and as
supported by and in accordance with the reliable, probative, and substantial evidence. The
parties by written stipulation may waive, and the agency in the event there is no contest may
eliminate, compliance with this Section.

Legislative History

Acts 1966, No. 382, §7, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:957.