Statutes, codes, and regulations
Louisiana Administrative Code
Title 43 - NATURAL RESOURCESPart XIX - Office of Conservation-General OperationsSubpart 1 - Statewide Order No. 29-B
Chapter 6 - Procedures for Hearings and the Submission and Approval of Plans for the Remediation of E and P Sites in Accordance with R.S. 30:29
Section XIX-635 - Rules of Hearing Conduct and Procedure

La. Admin. Code tit. 43 § XIX-635

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Current through Register Vol. 50, No. 9, September 20, 2024
Section XIX-635 - Rules of Hearing Conduct and Procedure
A. The responsible party or parties shall first present the entire scientific, technical or other bases of their plan or plan(s).
B. Any litigation party or parties who have filed a comment in support of any responsible party's plan or plans shall then present the entire scientific, technical or other bases for their support and shall do so immediately after the responsible party or parties have completed their presentations.
C. Any litigation party who has submitted a plan or plans shall then present the entire scientific, technical or other bases thereof. If any litigation party has filed a comment in opposition to any responsible party's plan or plans, such party shall then present their entire scientific, technical or other bases for such opposition. Any litigation party who has filed a comment in support of a litigation party's plan shall then present the entire scientific, technical or other bases for such support.
D. Each responsible party shall then have the opportunity to provide rebuttal evidence in response to the opposition to its plan or plans, or in response to any plan offered by any litigation party.
E. The litigation party filing the plan shall then have the opportunity to provide rebuttal evidence in response to the opposition to its plan.
F. All rebuttal scientific, technical or other testimony, shall be strictly limited to a refutation of the matters covered by the opponents.
G. Any witness shall be subject to examination by the commissioner or any member of his staff and by no more than two representatives of a party. Cross-examination shall be conducted in accordance with the following guidelines.
1. Cross-examination shall be limited to questions concerning the testimony and exhibits presented by the witness, testimony and exhibits presented by any other witness and the credibility of the witness.
2. Matters peculiarly within the knowledge of the cross-examiner or his witnesses shall be presented by them on direct examination, and there shall be no attempt to establish such matters by cross-examination.
3. Cross-examination shall be conducted in a polite and courteous manner without reference to personalities of the witness or the party represented by the witness.
H. The litigation parties and responsible parties may make opening statements. The litigation parties and responsible parties may also make closing statements concerning their positions, but such statements shall not include technical matters which have not been presented by sworn testimony. The responsible parties shall have the right to make the last closing statement. If there is more than one litigation party or responsible party, the parties may agree on the sequence in which opening or closing statements are presented, or the commissioner or hearing officer shall determine the sequence.

La. Admin. Code tit. 43, § XIX-635

Promulgated by the Department of Natural Resources, Office of Conservation, LR 33:664 (April 2007).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.