2006 Louisiana Laws - RS 30:2050.17 — Hearing officers; administrative review by secretary

§2050.17.  Hearing officers; administrative review by secretary

A.  A party may only seek review of an order, decision, or ruling of a hearing officer by requesting an administrative review by the secretary.  Judicial review of specified interlocutory orders or rulings is governed by  R.S. 30:2050.18.

B.  A request for administrative review shall specify the grounds upon which review is requested.

C.  Upon timely filing of a request for administrative review, the secretary shall either grant or deny the request within thirty days.  The secretary may deny the request or grant the request on one or more of the specified grounds.  If the request for administrative review is granted, the secretary shall establish a reasonable briefing schedule considering the exigency of the circumstances.

D.  When the secretary denies the request for administrative review, the order, decision, or ruling is final.

E.  When the request for administrative review is granted, the secretary may take any of the following actions:

(1)  Render an order, decision, or ruling as is supportable by the record.

(2)  Remand the matter for a new hearing to receive additional evidence.

(3)  Remand the matter with other instructions.

F.  The secretary shall render an order, decision, or ruling no later than sixty days after the request for administrative review is granted, except in a matter of such complexity that the secretary determines an additional sixty days is necessary for the review.

G.  Motions to reconsider a final order, decision, or ruling of the secretary shall be filed within ten days after notice of the final order, decision, or ruling.  Every such motion must set forth the matters claimed to have been erroneously decided and the nature of the alleged errors.  Motions for reconsiderations shall be directed to, and decided by, the secretary and filed with the hearings division.

Acts 1995, No. 947, §1, eff. Jan. 1, 1996.