LAC 46:XXV.1035
LAC 46:XXV.1035. Conduct of Adjudicative Hearing
Cite as La. Admin. Code tit. 46, pt. XXV, § 1035
A. Adjudicative hearings are conducted in open session, except where closed or executive session is specifically authorized by law, as identified in these Rules.
B. At the adjudicative hearing, the prosecuting officer and the respondent may present evidence on all issues of fact and argument on all issues of law and policy involved; may call, examine, and cross-examine witnesses; and may offer and introduce documentary evidence and exhibits as may be required for a full and true disclosure of the facts and disposition of the complaint.
C. During the hearing, the hearing officer shall rule upon all evidentiary objections and other procedural questions, but in their discretion may consult with the hearing panel in executive session. The general counsel, when not serving as the hearing officer, may assist the hearing officer and the hearing panel, either in open session or executive session, in ruling on evidentiary objections and other procedural issues raised during the hearing.
D. The order of presentation in an adjudicative hearing, unless the parties stipulate otherwise and the hearing panel approves, is first the presentation of evidence by the prosecuting officer, the presentation of evidence by the respondent, then rebuttal by the prosecuting officer (if any). Rebuttal shall be directed to issues raised by the evidence and defenses presented by the respondent. In the interest of fairness, the respondent may be provided a limited opportunity to present additional evidence following rebuttal.
E. Hearing panel members may question any witness at any time during the witness' testimony when recognized by the hearing officer. Additional direct examination, cross-examination, or redirect examination by either party to address responses to questions by hearing panel members shall be permitted.