1. 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.

   1. Adjudicationagency process for the formulation of a decision or order.
   2. 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.
   3. Adjudicatory Recordall 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).
   4. Administrative Hearings Clerkan 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.
   5. Administrative Law Judgea judge of the executive branch, employed by DAL, who exercises quasi-judicial power by adjudicating matters pursuant to the APA.
   6. APAAdministrative Procedure Act, R.S. 49:950, et seq.
   7. DALthe Division of Administrative Law.
   8. Decision or Orderthe 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.
   9. Discovery—the process of determining relevant information for use at an administrative hearing. Discovery is conducted prior to an administrative hearing.
   10. Electronic Transmission/Electronic Meansmethods 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
   11. Evidence—testimony and exhibits admitted by an administrative law judge into the adjudicatory record to prove or disprove the existence of alleged facts.
   12. 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.
   13. 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.
   14. 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.
   15. 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.
   16. Pleadinga 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.
   17. Qualified Interpretera 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.
   18. Referring Agencythe state agency for which an adjudication is being held.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:991 et seq. and R.S. 49:958

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Civil Service, Division of Administrative Law, LR 28:40 (January 2002), amended LR 38:2946 (November 2012), amended LR 46:315 (March 2020).