§1141.5.  Adjudicatory hearings

A.  The Ethics Adjudicatory Board shall sit in rotating panels composed of three administrative law judges randomly selected from among the members of the Ethics Adjudicatory Board.  The panel shall select the administrative law judge who will preside over the hearing.  The determination of the majority of the panel in a particular case shall be the determination of the Ethics Adjudicatory Board.  After the hearing, the presiding administrative law judge shall assign authorship responsibility for the determination.

B.  After the hearing, the adjudicatory panel shall determine whether a violation of any provision of law within the jurisdiction of the Board of Ethics has occurred.  If the adjudicatory panel determines that a violation has occurred, it shall determine what authorized penalties or other sanctions, if any, should be imposed and shall issue a final decision.

C.  If the public hearing of the adjudicatory panel fails to disclose clear and convincing evidence to support the charges, the adjudicatory panel shall make an official determination of its findings and shall issue a final decision.  The person charged and the complainant shall be notified in writing within ten days of the adjudicatory panel's rendition of a final decision.  The person charged may require the adjudicatory panel to make an official determination of the validity of the charges against him.

D.  If the adjudicatory panel determines that a violation has occurred and prescribes authorized penalties or other sanctions, the public servant or person may appeal as set forth in R.S. 42:1142.

Acts 2012, No. 608, §1, eff. June 7, 2012.

NOTE:  See Acts 2012, No.608, §3, relative to the prospective application of Act.