§ 49:994 — Administrative law judges

A. The director of the division shall employ the administrative law judges for the division, each of whom shall have the following qualifications:
(1) An administrative law judge shall be a resident of Louisiana.
(2) An administrative law judge shall be licensed to practice law in Louisiana.
(3) An administrative law judge shall have been engaged in the actual practice of law for at least five years prior to his appointment.
B. An administrative law judge shall be an employee of the division.
C. Notwithstanding the provisions of this Section, all persons employed in affected agencies on October 1, 1996, who handle adjudications and whether or not they meet the qualifications of this Chapter shall, unless the person declines, be transferred to and employed in the division created by this Chapter to handle adjudications in the manner provided in this Chapter. However, no person other than those provided for in this Subsection shall be employed as an administrative law judge who does not meet the requirements of this Section.
D. The administrative law judge shall have the authority to:
(1) Regulate the adjudicatory proceedings assigned to him.
(2) Issue such decisions and orders as are necessary to promote a fair, orderly, and prompt adjudication.
(3) Exercise those powers vested in the presiding officer in the Administrative Procedure Act.
(4) If the parties do not object, conduct adjudications or conferences in person or by telephone, video conference, or similar communication equipment, and administer oaths in such proceedings.
(5) Continue an adjudication in any case when a party or subpoenaed necessary witness has been called to service in the uniformed services as defined in R.S. 29:403, including but not limited to a proceeding pursuant to R.S. 32:667.
E. All adjudications involving alleged violations of any provision of law under the jurisdiction of the Board of Ethics shall be heard by administrative law judges who are licensed to practice law in Louisiana.
NOTE: See Acts 1995, No. 947, §8 and No. 739, §§3, 4.

Legislative History

Acts 1995, No. 739, §2, eff. Oct. 1, 1996; Acts 2001, No. 84, §1; Acts 2001, 2nd Ex. Sess., No. 7, §2, eff. Oct. 16, 2001; Acts 2003, No. 956, §1, eff. July 1, 2003; Acts 2008, 1 st Ex. Sess., No. 23, §2, eff. Aug. 15, 2008.