LAC 46:XXV.1037. Evidence and Proof in Adjudicative Hearings

A. In an adjudicative hearing, the hearing panel may give weight to evidence that a reasonable person would find credible and probative. The panel may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. Objections to evidence may be made by the parties and shall be noted in the record. B. Any documents either party desires the hearing panel to consider may be offered as an exhibit and made part of the record of adjudication. Copies or excerpts of documents are competent evidence if they are properly authenticated. C. When the interests of the parties will not be prejudiced, any part of the evidence may be received in written form. D. Unless prohibited by law, the hearing panel will honor and receive written and verbal stipulations between the parties as established facts, provided that verbal stipulations are entered on the record of adjudication by all parties or their counsel. E. The hearing officer shall have the power to administer oaths or affirmations to all witnesses appearing to give testimony. The hearing officer shall regulate the course of the adjudicative hearing, set the time and place of continued hearings, and fix the time for the filing of post-hearing briefs and other documents (if any are required or requested). F. In an adjudicative hearing, the Louisiana Code of Evidence may be used as a reference by the hearing panel for admissibility of evidence and other evidentiary issues. The provisions of the Code of Evidence relating to hearsay are not strictly applicable to adjudicative hearings. G. At an adjudicative hearing, the burden of proof rests with the prosecuting officer. A hearing panel shall not impose a sanction or issue an order except upon consideration of the entire record of adjudication, as supported by and in accordance with reliable, probative, and substantial evidence. The burden of proof related to any issue is that of a preponderance of the evidence.