La. Admin. Code tit. 1 § III-103

Current through Register Vol. 50, No. 9, September 20, 2024
Section III-103 - Definitions
A. The following terms used in this Chapter shall have the meanings listed below, unless the context otherwise requires, or unless specifically redefined in a particular Section.

Adjudication-agency process for the formulation of a decision or order.

Adjudicatory Hearing-a contested case hearing conducted by an administrative law judge pursuant to the APA in which the legal rights, duties, or privileges of a person are required by law to be determined after notice and an opportunity for a hearing. This does not include telephone status conferences.

Adjudicatory Record-all pleadings, documents, correspondence and other items filed with the administrative hearings clerk in connection with an adjudication, including those items specified in R.S. 49:955(E).

Administrative Hearings Clerk-an individual designated by the Director of DAL to administer case files in all adjudications. The administrative hearings clerk is the custodian of records for DAL.

Administrative Law Judge-a judge of the executive branch, employed by DAL, who exercises quasi-judicial power by adjudicating matters pursuant to the APA.

APA-Administrative Procedure Act, R.S. 49:950, et seq.

Clerk of Court - the person who, directly or through his/her designee, maintains custody of and receives filings to the adjudicatory record for the division.

DAL-the Division of Administrative Law.

Decision or Order-the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of any agency, in any matter other than rulemaking, required by constitution or statute to be determined on the record after notice and opportunity for an agency hearing.

Discovery-the process of determining relevant information for use at an administrative hearing. Discovery is conducted prior to an administrative hearing.

Division-the Division of Administrative Law.

Electronic Transmission/Electronic Means-methods to deliver documents over the internet or other wired or wireless means including, but not limited to, e-mail, facsimile, and document sharing through the internet

Evidence-testimony and exhibits admitted by an administrative law judge into the adjudicatory record to prove or disprove the existence of alleged facts.

Exhibits-documents, records, photographs, or other forms of data compilation, regardless of media, or other tangible objects offered by a party as evidence in an adjudication.

In Camera Inspection-a private review by the administrative law judge of records received as evidence, or a proceeding during which such records are reviewed in which only authorized persons are permitted to inspect, copy, or otherwise learn of the contents of such records.

Party-each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party.

Person-an individual, representative, corporation, or other entity, including a public or non-profit corporation, or an agency or instrumentality of federal, state, or local government.

Pleading-a filed document that sets forth requests for procedural or substantive relief, makes claims, alleges facts, makes legal argument(s), or otherwise addresses matters to be considered in an adjudication.

Qualified Interpreter-a person whose qualifications are such that he/she is able to accurately communicate with and convey information to and from a person who is hearing impaired or who cannot speak or understand the spoken or written English language.

Referring Agency-the state agency for which an adjudication is being held.

La. Admin. Code tit. 1, § III-103

Promulgated by the Department of Civil Service, Division of Administrative Law, LR 28:40 (January 2002), amended LR 38:2946 (November 2012), Amended LR 46315 (3/1/2020).
AUTHORITY NOTE: Promulgated in accordance with R.S. 49:991 et seq. and R.S. 49:958