La. Admin. Code tit. 46, § XLI-2307 - Investigation

A. Upon receipt, the complaint shall be immediately forwarded for handling and representation as all other legal matters in accordance with R.S. 4:147(A) after which a determination shall be made as to whether a valid complaint has been stated. The complainant shall be given written notice of any deficiencies in the complaint and be afforded an opportunity to correct any errors. Notice of receipt of a valid complaint shall be immediately forwarded to members of the commission.

B. The commissioner against whom the complaint is filed shall have 10 days after its receipt within which to either submit his/her resignation to the governor or to furnish a written response to the complaint. If the commissioner fails to timely furnish a written response, the chairman, or his designated vice-chair, shall immediately suspend such commissioner pending conclusion of the investigation, which shall be immediately commenced. The governor shall be immediately notified of such action in writing.

C. Upon timely receipt of a written response to the complaint by the commissioner against whom the complaint is made, preliminary interviews shall be conducted within 10 days of the complainant filing the complaint and of the commissioner as well as other persons who may be reasonably interviewed and who have been identified as having knowledge of the matter. At the conclusion of the period for interviews, the commission shall be advised whether there is reasonable cause to believe that the commissioner has done some act which, if proved, would constitute a prohibited violation of the law or the rules of racing.

D. If a determination is made that there is no reasonable cause, no investigation shall be commenced unless and until a majority of the commission at the next regular or special meeting of the commission decide to commence an investigation. If a determination is made that there is reasonable cause, an investigation shall be commenced until a majority of the commission at a regular or special meeting of the commission decide to terminate the investigation. Upon commencement of an investigation, the chairman, or his designated vice-chair, shall suspend the commissioner pending conclusion of the investigation. The governor and all other members of the commission shall be immediately notified of such action in writing.

E. The investigation shall be concluded within 30 days of its commencement, except upon a showing of good cause which is authorized by the chairman, or his designated vice-chair. At the conclusion of the investigation a written report and recommendation shall be filed which includes suggested findings of fact and conclusions of law, to the commission, to the suspended commissioner, and to the complainant. Within 10 days the suspended commissioner and the complainant may file written objections with the commission to the report and recommendation. At the next regular or special meeting of the commission following receipt of the report and recommendation and the expiration for the time to file written objections, the commission shall conduct a public hearing on whether to accept or reject the report and recommendations. If any written objection is filed, the suspended commissioner and the complainant may each be represented by counsel at the public hearing and participate, in calling and cross-examining witnesses and arguing the merits. If no objection is timely filed, the commission may at the public hearing accept and adopt the report and recommendations.

F. At the conclusion of the public hearing, a resolution to immediately remove the suspended commissioner shall require a vote of two-thirds of the members present and voting. There shall be no reconsideration of the resolution. There shall be no appeal to any court nor any judicial review of the resolution or the removal. Any member so removed shall not be eligible for reappointment as a commissioner for a period of five years. The governor and the Secretary of State shall be notified of the removal of the commissioner, the reasons therefore, and of the legal impediment to reappointment.

G. If at the conclusion of the public hearing there is no resolution offered to remove the commissioner or if one is offered but is unsuccessful, then the chairman, or his designated vice-chair, shall on behalf of the commission terminate the suspension of the commissioner. There shall be no appeal to any court nor any judicial review of the termination of the suspension.

Notes

La. Admin. Code tit. 46, § XLI-2307

Promulgated by the Office of the Governor, Division of Administration, Racing Commission LR 31:1059 (May 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 4:141, R.S. 4:142, R.S. 4:144 and R.S. 4:148.