LAC 46:LXX.12903. Procedure for Review of Hearing Panel or Hearing Master Recommendations Regarding Final Determinations

A. Except as is provided in Subpart B, C, and D of this Rule, the preparation and review procedure for a recommendation from the Hearing Panel or Hearing Master regarding a final determination in a proceeding is as follows. 1. At the conclusion of the taking of any evidence and testimony on the matter to be decided and after consideration of the evidence and testimony and any pertinent authority, the Hearing Panel or Hearing Master shall prepare a written proposed recommendation of final determination. Unless the nature of the proceeding necessitates a different format and substance, the proposed recommendation shall contain a summary of the allegations or application, pertinent legal authority and factual background, a review of the procedural history of the matter, findings of fact, conclusions of law and the recommended determination. The proposed recommendation shall be filed into the record, with copies contemporaneously mailed to all parties of record. 2. Within fifteen (15) days of the filing of the proposed recommendation, any party may file into the record an exception to the proposed recommendation. The exception shall be in the form of a legal memorandum, and shall contain a statement of errors, pertinent legal authority, and references to the record in the proceeding, as appropriate. The exception shall not make reference to evidence of any kind which is not already a part of the record, except that a party may argue as to evidence tendered but excluded (offers of proof). 3. If no party timely files an exception to the proposed recommendation, the recommendation shall become a final recommendation and shall be immediately forwarded to the Commissioners for consideration and for vote. 4. If an exception to the proposed recommendation is timely filed, any party wishing to oppose the exception shall have fifteen (15) days from the filing of the exception in which to file an opposition memoranda into the record. The opposition memoranda shall address the statement of errors contained in the exception and shall include pertinent legal authority and references to the record in the proceeding, as appropriate. The opposition memoranda shall not include references to evidence of any kind which is not already a part of the record, except that a party may argue as to evidence tendered but excluded (offers of proof). 5. At the conclusion of the time period for filing opposition memoranda to timely filed exceptions, no further briefing shall be allowed, except with the consent of the Hearing Panel or Hearing Master or by vote of the Commission. 6. After reviewing any timely filed exception and opposition memoranda, the Hearing Panel or Hearing Master shall prepare a final recommendation. The final recommendation shall contain the elements described in Subpart A.1 of this Rule. 7. At the time the final recommendation is filed into the record, copies of the final recommendation shall be forwarded to the Commissioners and mailed to all parties of record. Copies of the final recommendation shall also be forwarded to the Administrator for placement on the Commission meeting agenda for vote by the Commissioners. 8. Within five (5) working days of the issuance of the final recommendation, any party may request the opportunity to present oral argument at the Commission meeting. The request shall be in writing and shall be filed directly with the Administrator. The requesting party shall also mail a copy of the request to each Commissioner and to each party of record and shall file a copy of the request in the record of the proceeding. The request shall state the reasons why oral argument should be permitted and shall be considered a request on behalf of all parties to the proceeding. The Administrator shall place the request for oral argument on the Commission meeting agenda along with the final recommendation and shall notify the parties of its placement on the agenda. The request for oral argument shall be granted only upon a majority vote of the Commission at the Commission meeting, in response to a timely filed, written request. In granting a request for oral argument, the Commission may direct either that argument be presented during the course of that Commission meeting or at a subsequent Commission meeting. A party may waive its opportunity to present oral argument, either expressly or through its failure to appear and participate in the oral argument. Nothing in this subpart shall be construed as precluding any Commissioner from soliciting information, positions or recommendations or asking questions of any party appearing at a Commission meeting, regardless of whether a request for oral argument has been filed. 9. In the event the Commission votes to grant the request for oral argument, each opposing party (unless otherwise specified in the Commission vote) shall be allotted a maximum of 10 minutes. In addition, when several parties are aligned on the same side, those parties shall be allowed a total of ten (10) minutes to be allotted among themselves. 10. In the event the Commission affirms the final recommendation of the Hearing Panel or Hearing Master, the recommendation shall be incorporated into the Order issued by the Commission. B. Upon motion to the Hearing Panel or Hearing Master and upon a showing of good cause, or upon stipulation of all parties to the proceeding, the Hearing Panel or Hearing Master may extend or shorten the deadlines for the procedures described in Subpart A of this Rule or, otherwise, may, extend, abbreviate or omit portions of those procedures. C. To the extent the Commission has delegated to the Commission staff the handling of certain uncontested matters, the procedures within Subpart A of this Rule shall not apply. D. Except at the discretion of the Hearing Panel or Hearing Master, the procedures contained within subpart A of this Rule shall not apply to a motion to dismiss jointly filed by all parties of record, a motion to dismiss with prejudice filed by the party who instituted the proceeding, or a motion to dismiss without prejudice filed by a party who instituted the proceeding but prior to the filing of any other party's filing of a responsive pleading. Upon the filing of such a motion to dismiss, the Hearing Panel or Hearing Master may forego all recommendation procedures and prepare an appropriate order of dismissal for issuance by the Commission.