Terms Used In Louisiana Revised Statutes 45:1181

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • commission: means the Louisiana Public Service Commission. See Louisiana Revised Statutes 45:1161
  • Oath: A promise to tell the truth.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

A.  The commission shall employ only such engineers, consultants, attorneys or special counsel, accountants, or clerical assistants as are actually necessary to assist the commission in conducting the examination.  The compensation for such services shall be fixed according to the time actually devoted to the work of conducting the examination and making reports thereon, whether as witnesses before the commission in open hearing, or by written report, under oath, as required by law, or as participants in any judicial review of the examination or reports.  The compensation shall always be reasonable and commensurate with the value of the services performed.

B.  Upon the completion of the examination, or while the same is in process, the commission shall certify to the person being examined, the amount of expenses incurred as provided in La. Rev. Stat. 45:1180 through 1183.  Upon certification, the person examined shall pay the amount certified to the one thus employed.  If the person being examined deems the amount of expenses so certified to be unreasonable or contrary to the provisions of La. Rev. Stat. 45:1180 through 1183, it may, within fifteen days after the receipt of the certificate, take a rule against the commission, to test the reasonableness and legality of the amount of expenses certified to by the commission.  This rule shall be tried by preference, and upon appeal shall be given preference in the appellate court, as provided by law for other state cases.

Amended by Acts 1976, No. 468, §2; Acts 1985, No. 561, §1, eff. July 12, 1985; Acts 2007, No. 234, §1.

{{NOTE:  SEE ACTS 1985, NO. 561, §3.}}