Louisiana Administrative Procedure Act
§960. Ex parte consultations and recusations
A. Unless required for the disposition of ex parte matters authorized by
law, members or employees of an agency assigned to render a decision or to make
findings of fact and conclusions of law in a case of adjudication noticed and
docketed for hearing shall not communicate, directly or indirectly, in
connection with any issue of fact or law, with any party or his representative,
or with any officer, employee, or agent engaged in the performance of
investigative, prosecuting, or advocating functions, except upon notice and
opportunity for all parties to participate.
B. A subordinate deciding officer or agency member shall withdraw from any
adjudicative proceeding in which he cannot accord a fair and impartial hearing
or consideration. Any party may request the disqualification of a subordinate
deciding officer or agency member, on the ground of his inability to give a fair
and impartial hearing, by filing an affidavit, promptly upon discovery of the
alleged disqualification, stating with particularity the grounds upon which it
is claimed that a fair and impartial hearing cannot be accorded. The issue shall
be determined promptly by the agency, or, if it affects a member or members of
the agency, by the remaining members thereof, if a quorum. Upon the entry of an
order of disqualification affecting a subordinate deciding officer, the agency
shall assign another in his stead or shall conduct the hearing itself. Upon the
disqualification of a member of an agency, the governor immediately shall
appoint a member pro tem to sit in place of the disqualified member in that
proceeding. In further action, after the disqualification of a member of an
agency, the provisions of R.S. 49:957 shall apply.
Acts 1966, No. 382,§ 10, eff. July 1, 1967.
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