La. Admin. Code tit. 1 § III-521

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-521 - Discovery

A. Any party to a proceeding may conduct discovery in all manners as provided by the Louisiana Code of Civil Procedure.

B. In the interest of administrative economy, the parties should first attempt to obtain discovery by agreement or through the Public Records Act, R.S. 44:1 et seq.

C. The administrative law judge, for good cause, may issue any order to protect a party or person from annoyance, embarrassment, oppression, disclosure of confidential information, undue burden or expense.

D. The following Section applies only in cases adjudicated pursuant to the Louisiana Implied Consent Law, R.S. 32:661 et seq.

1. Requests for discovery should be made at the same time as the request for hearing.

2. Failure to request discovery at the time the hearing request is filed may result in a continuance if a response is not timely received, but not necessarily a dismissal of the case.

3. A subpoena duces tecum is not proper for obtaining documents or things from a party to the proceeding. When attempting to obtain documents or things from a party to the proceeding, the party seeking the items must do so through discovery, by a request for production of documents.

La. Admin. Code tit. 1, § III-521

Promulgated by the Department of Civil Service, Division of Administrative Law, LR 28:43 (January 2002), amended LR 38:2948 (November 2012).

AUTHORITY NOTE: Promulgated in accordance with R. S. 49:991 et seq.