Louisiana Revised Statutes 3:4605 – A. All adjudicatory hearings held by the commission shall be conducted in accordance with the following provisions:
Terms Used In Louisiana Revised Statutes 3:4605
- 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.
- Commission: means the Commission of Weights and Measures. See Louisiana Revised Statutes 3:4602
- Commissioner: means the commissioner of the Department of Agriculture and Forestry, or his duly authorized representatives acting at his discretion. See Louisiana Revised Statutes 3:4602
- In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A. All adjudicatory hearings held by the commission shall be conducted in accordance with the following provisions:
(1) The commissioner shall convene the commission for the purpose of hearing the matter.
(2) The commissioner shall appoint a hearing officer who shall preside over the hearing.
(3) The commissioner may issue subpoenas to compel the attendance of witnesses or the production of documents and records anywhere in the state in any hearing before the commission.
(4) The hearing shall be conducted in accordance with the provisions of the Administrative Procedure Act.
(5) The commission shall make an initial determination on the matter. This determination shall be submitted to the commissioner in writing.
(6) The commissioner shall make the final determination on the matter. If the determination of the commissioner differs from the determination of the commission, the commissioner shall issue a written opinion based on the record of the hearing.
(7) Except as otherwise provided in this Paragraph, appeals from rulings of the commissioner shall be taken in accordance with the provisions of the Administrative Procedure Act. Notwithstanding the provisions of La. Rev. Stat. 49:978.1(B), any appeal from a determination of the commission or the commissioner, when filed in forma pauperis, shall be by civil proceedings in the district court for the parish in which the violation occurred.
B. Whenever the commissioner revokes, suspends, or imposes a probation on a license, certificate, or permit, the holder of such license, certificate, or permit shall be informed of the ruling by certified mail.
Acts 1992, No. 55, §1.