Louisiana Revised Statutes 8:66.1 – Investigations
Terms Used In Louisiana Revised Statutes 8:66.1
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Louisiana Cemetery Board. See Louisiana Revised Statutes 8:1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
- Person: means an individual, corporation, limited liability company, partnership, joint venture, association, trust, or any other legal entity. See Louisiana Revised Statutes 8:1
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. For purposes of discovering a violation of this Chapter or implementing rules or orders issued pursuant to this Title, the board may perform any of the following:
(1) Make such public or private investigations within or outside of this state as the board deems necessary to determine whether any person has violated this Title, or implement rules or orders issued pursuant to this Title, or to aid in the enforcement of this Title, or in the prescribing of rules and forms under this Title.
(2) Take testimony concerning matters under its jurisdiction. The board, through its presiding officer, may issue subpoenas to enforce the attendance of witnesses and administer oaths to witnesses.
(3) Appoint two or more of its members as the board deems necessary to determine whether any person has violated this Title.
(4) Implement rules or orders that are issued pursuant to this Title.
(5) Call for an informal hearing to ascertain facts of an alleged violation of any provision of this Title.
(6) Require or permit any person to file a statement in writing, under oath, by affidavit, or by authentic act, as the board or attorney general determines, as to all of the facts and circumstances concerning the matter being investigated.
(7) Investigate a person subject to the jurisdiction of the board and examine the person’s books, accounts, papers, correspondence, memoranda, purchase agreements, files, or other documents or records relevant or material to aid in the enforcement of this Title.
(8) Subpoena witnesses, compel their attendance, take evidence, and require the production of any books, accounts, papers, correspondence, memoranda, purchase agreements, files, or other documents or records which the board deems relevant or material to any investigation or proceeding pursuant to this Title.
(9) Apply to a district court of competent jurisdiction for an order requiring a person’s appearance before the board in cases where the person has refused to obey a subpoena issued by the board. The person may also be required to produce documentary evidence relevant or material to the subject of the investigation.
B. The board, by majority vote of its members, shall determine whether to dismiss a complaint or call for a formal hearing.
C. If a formal hearing is called by the board, parties to the alleged violation and complaint shall be present either voluntarily or by subpoena. A proper legal record of the hearing shall be required in a manner legally accepted in judicial proceedings. After hearing and reviewing the evidence presented, the board, by a majority vote of its members, within a reasonable time, shall render a decision and issue its decision and orders to all parties.
D. The board shall determine whether to institute legal proceedings authorized by this Title and how to respond to any legal proceedings to which the board is a party, including all decisions regarding appeal and settlement. The board shall stay fully informed as to all pending investigations, formal hearings, and legal proceedings.
E.(1) The administrative director of the board shall submit a written report to the board addressing the following:
(a) Information that comes to the attention of the staff that may constitute a violation of this Title.
(b) Information that may be grounds for a complaint resulting in suspension, revocation, fine, or penalty.
(2) Such report shall be updated monthly until the matter is acted upon by the board as provided in Subsection B of this Section.
Acts 2010, No. 965, §1; Acts 2023, No. 381, §1.