La. Admin. Code tit. 43 § XIX-3929

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

Section XIX-3929 - Rules of Hearing Conduct and Procedure

A. The applicant shall first present the entire geological, engineering or other bases in support of his proposal. Any interested owner or represented party who supports the applicant and complied with §3915 shall next present the entire geological, engineering or other bases in support of the applicant's proposal.

B. Any interested party wishing to present evidence supporting the applicant's proposal shall do so immediately after the applicant and supporting parties have completed their presentations.

C. Opponents who have complied with §3915, §3917 or §3921, in the order determined by the commissioner, shall then present the entire geological, engineering or other bases for their opposition. After all opponents have made their presentations, the applicant may present rebuttal geological, engineering or other testimony, but strictly limited to a refutation of the matters covered by the opponents. Rebuttal testimony should not be used to prove matters that should have been proven on direct examination.

D. Any witness shall be subject to cross-examination by the commissioner or any member of his staff and by no more than two representatives of a party. Cross-examination shall be conducted in accordance with the following guidelines.

1. Cross-examination should be limited to questions concerning the testimony and exhibits presented by the witness, and the witness should not be required to make measurements or calculations or comparisons between his exhibits and those presented by any other witness.

2. Matters peculiarly within the knowledge of the cross-examiner or his witnesses should be presented by them on direct examination, and there should be no attempt to establish such matters by cross-examination.

3. Cross-examination shall be conducted in a polite and courteous manner without reference to personalities of the witness or the party represented by the witness.

E. After the applicant and any opponents have made their presentations, any party shall be afforded an opportunity to make a statement. If such a statement includes technical data, the party shall be subject to being sworn and cross-examined.

F. The applicant, any opponent, or any supporting party may make opening or closing statements concerning their positions, but such statements shall not include technical matters which have not been presented by sworn testimony. The applicant shall have the right to make the last closing statement.

La. Admin. Code tit. 43, § XIX-3929

Adopted by the Department of Natural Resources, Office of Conservation, October 1983, amended and promulgated by the Department of Natural Resources, Office of Conservation, LR 19:764 (June 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:4 et seq.