La. Admin. Code tit. 46 § V-4701

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-4701 - General Provisions on Hearings [Formerly Section 4707]

A. Notice of Hearing. The notice of hearing shall comply with the requirements of R.S. 32:785(B)(2).

B. Service of Notice. The notice of hearing shall be served:

1. by a compliance investigator on the licensee either personally or at its place of business on the licensee's employee (if service is made in this manner, the compliance investigator shall sign the acknowledgment of service); or

2. through the office by certified or registered mail (the return receipt shall serve as acknowledgment of service);

3. the return of service shall be filed into the case record.

C. Discovery. The Louisiana Code of Civil Procedure, Articles 1420 et seq., shall apply to all requests of discovery. Discovery shall be timely and give a reasonable opportunity to respond.

D. Preliminary Motions and Exceptions. No preliminary motions or exceptions shall be considered by the Commission unless filed five days prior to the hearing.

E. Subpoenas

1. Subpoenas shall be issued in accordance with R.S. 32:785(B)(3).

2. Subpoenas may be issued for the purpose of assisting in the investigation of any alleged violation or dispute which is before the commission.

3. Subpoenas for the attendance of witnesses, and/or for the furnishing of information required by the commission and/or for the production of evidence of records of any kinds shall be issued by the executive director.

4. Subpoenas shall be served by a compliance investigator either personally or by certified mail or registered mail. A return shall be placed in the record designating the manner and date of service as well as the oath the person making the service.

5. Any party to a hearing desiring the attendance of witnesses upon his behalf shall have the right to seek compulsory attendance of such witnesses and the production of relevant documents provided said party has filed a list of names and addresses with the commission at least 10 days prior to the date that the testimony expected to be taken.

6. The party requesting the issuance of a subpoena shall deposit with the executive director a sum consistent with R.S. 13.3661(B) to cover the costs of the issuance of the subpoena.

F. Conduct and Order of the Hearing

1. The chairman of the commission shall preside over the conduct of the hearing and may set a reasonable time for the presentation of a matter depending on the nature of the case and the complexity of the issues.

2. The chairman may in his discretion sequester witnesses.

3. The chairman shall make rulings on evidentiary matters keeping in mind that the commission shall not be bound by the technical rules of the evidence and may admit material and relevant evidence. The principles underlying the Louisiana Code of Evidence shall serve as a guide to the admissibility of evidence in hearings before the commission. The specific exclusionary rules and other provisions shall be applied only to the extent that they tend to promote the purposes of proceedings before the commission.

4. The hearing shall begin with any stipulation as to the facts or issues.

5. The chairman shall direct the order of witness examination.

La. Admin. Code tit. 46, § V-4701

Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 32:1221 (July 2006), amended LR 33:1637 (August 2007), Amended by the Office of the Governor, Used Motor Vehicle Commission, LR 47234 (2/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:785.