LAC 46:LXX.12902. Commission Review of Interlocutory Rulings by the Hearing Panel or Hearing Master

A. Every ruling by the Hearing Panel or Hearing Master shall be subject to review by the Commission upon its own motion. The Commission may also, upon its own motion, assert its original and primary jurisdiction and consider any question or issue pending before a Hearing Panel or the Hearing Master, including withdrawing the entire matter from the Hearing Panel or Hearing Master at any stage of the proceeding prior to the issuance of the required final recommendation. B. Any party may apply for immediate review of an interlocutory ruling, which may be obtained only upon a showing of irreparable injury, as defined in Louisiana jurisprudence. The procedure for such a request is as follows. 1. Within ten (10) days of the issuance of the interlocutory ruling, a party may file a motion for immediate review of the ruling. The motion must be accompanied by a legal memorandum which specifies the alleged errors in the ruling, with supporting legal authority, and sets out the grounds and authority for the moving party's claim that the interlocutory ruling will result in irreparable injury. 2. Any party opposing the motion for immediate review shall have ten (10) days from the date on which the motion was filed to file an opposition memorandum. 3. At the conclusion of the deadline for filing opposition memoranda, the Hearing Panel or Hearing Master shall forward to the Commissioners the motion for immediate review, any memoranda filed in support of or in opposition to the motion, a copy or transcript of the interlocutory ruling being questioned, and any written comment offered by the Hearing Panel or Hearing Master, and shall forward the motion for immediate review to the Administrator for placement on the Commission meeting agenda. 4. Pending a ruling by the Commissioners on the motion for immediate review, the Hearing Panel or Hearing Master, may, upon motion, grant a stay of the interlocutory ruling upon a finding of good cause. The mere filing of a motion for immediate review shall not stay the interlocutory ruling and shall not interrupt, delay, or in any manner interfere with the proceedings in the docketed matter. 5. The Hearing Panel or Hearing Master may treat the filing of the motion for immediate review as a motion for reconsideration of the interlocutory ruling and may withdraw or modify the interlocutory ruling in response to the motion.