§ 49:977.2 — Ex parte consultations and recusations

Louisiana § 49:977.2

• Jurisdiction: Louisiana
• Title 49: State Administration

Text

§977.2. Ex parte consultations and recusations
A. Unless required for the disposition of ex parte matters authorized by law,
members or employees of an agency assigned to render a decision or to make findings of fact
and conclusions of law in a case of adjudication noticed and docketed for hearing shall not
communicate, directly or indirectly, in connection with any issue of fact or law, with any
party or his representative, or with any officer, employee, or agent engaged in the
performance of investigative, prosecuting, or advocating functions, except upon notice and
opportunity for all parties to participate.
B. A subordinate deciding officer or agency member shall withdraw from any
adjudicative proceeding in which he cannot accord a fair and impartial hearing or
consideration. Any party may request the disqualification of a subordinate deciding officer
or agency member, on the ground of his inability to give a fair and impartial hearing, by
filing an affidavit, promptly upon discovery of the alleged disqualification, stating with
particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be
accorded. The issue shall be determined promptly by the agency, or, if it affects a member
or members of the agency, by the remaining members thereof, if a quorum. Upon the entry
of an order of disqualification affecting a subordinate deciding officer, the agency shall
assign another in his stead or shall conduct the hearing itself. Upon the disqualification of
a member of an agency, the governor immediately shall appoint a member pro tem to sit in
place of the disqualified member in that proceeding. In further action, after the
disqualification of a member of an agency, the provisions of R.S. 49:976 shall apply.

Legislative History

Acts 1966, No. 382, §10, eff. July 1, 1967; Acts 2022, No. 663, §1; Redesignated from R.S. 49:960.