Louisiana Administrative Procedure Act
§955. Adjudication; notice; hearing; records
A. In an adjudication, all parties who do not waive their rights shall be
afforded an opportunity for hearing after reasonable notice.
B. The notice shall include:
(1) A statement of the time, place, and nature of the hearing;
(2) A statement of the legal authority and jurisdiction under which the
hearing is to be held;
(3) A reference to the particular sections of the statutes and rules
involved;
(4) A short and plain statement of the matters asserted.
If the agency or other party is unable to state the matters in detail at
the time the notice is served, the initial notice may be limited to a statement
of the issues involved. Thereafter, upon application, a more definite and
detailed statement shall be furnished.
C. Opportunity shall be afforded all parties to respond and present
evidence on all issues of fact involved and argument on all issues of law and
policy involved and to conduct such cross-examination as may be required for a
full and true disclosure of the facts.
D. Unless precluded by law, informal disposition may be made of any case of
adjudication by stipulation, agreed settlement, consent order, or default.
E. The record in a case of adjudication shall include:
(1) All pleadings, motions, intermediate rulings;
(2) Evidence received or considered or a resume thereof if not transcribed;
(3) A statement of matters officially noticed except matters so obvious
that statement of them would serve no useful purpose;
(4) Offers of proof, objections, and rulings thereon;
(5) Proposed findings and exceptions;
(6) Any decision, opinion, or report by the officer presiding at the
hearing.
F. The agency shall make a full transcript of all proceedings before it
when the statute governing it requires it, and, in the absence of such
requirement, shall, at the request of any party or person, have prepared and
furnish him with a copy of the transcript or any part thereof upon payment of
the cost thereof unless the governing statute or constitution provides that it
shall be furnished without cost.
G. Findings of fact shall be based exclusively on the evidence and on
matters officially noticed.
Acts 1966, No. 382,§ 5, eff. July 1, 1967.
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