(a) All hearings shall be open to the public.
(b) Legal representation.
l. Except as is provided below, a party may be represented by an attorney licensed to practice law in Louisiana or by a law student who has satisfied the requirements of Rule 20 of the Rules of the Supreme Court of Louisiana.
2. Effective January 1, 1996, no attorney or law student who is a classified state employee may represent another state employee in an appeal. This provision shall not apply to any appeal in which the state classified attorney/law student made an appearance on behalf of an employee before the effective date of this section.
3. When a party is represented by more than one attorney/law student, only one such representative shall be permitted to examine the same witness.
(c) Subject to the provisions of Subsection (r) of this Rule, the burden of proof as to the facts shall be on the appointing authority and the Commission or the referee may, in its or his discretion, require him to open the case.
(d) Where appropriate and not inconsistent with these Rules, the rules of evidence applicable to civil trials in the district courts of the State shall be observed in all hearings before a referee or the Commission.
(e) The Commission or the referee may require the appellant to give his sworn testimony before hearing any other witness on his behalf, and if the Commission or the referee finds from such testimony that he has no just or legal ground to support his appeal, it or he may decline to hear or consider any other evidence and thereupon dismiss the appeal.
(f) If after hearing appellant's testimony the Commission or the referee is of the opinion that he may have just or legal grounds for his appeal, it or he shall permit him to adduce such other evidence, testimonial or otherwise, as may be relevant.
(g) Affidavits and other exparte statements shall not be received in evidence without the consent of all parties, except to refresh memory or to discredit a witness.
(h) Parties and witnesses shall be subject to cross-examination as in civil trials before the courts of the State, and the Commission, each member of the Commission, or referee may examine and cross-examine any witness.
(i) The Commission or the referee may require that the parties stipulate all undisputed facts.
(j) The Commission or the referee may limit corroborative evidence.
(k) Where appropriate and not inconsistent with these Rules, hearings and the taking of testimony shall be conducted according to the accepted practice in civil trials before the district courts of the State.
(l) When a pending case involves substantially the same question of law or fact as presented in a prior case, the Commission or a referee, at the request of any party or on its or his own motion, may admit as evidence any part of the record in such previous case as it or he may deem relevant; provided, that in the application of this Rule no party be deprived of the right to crossexamine any adverse witness.
(m) Subject to the provisions of Subsections (r) and (s), the charges expressed in writing by the appointing authority as cause for demotion, suspension, dismissal, or other action, shall not be accepted as prima facie true. Evidence shall not be received from an appointing authority to supplement or enlarge the charges contained in such written document. The appellant may rebut any proof offered by the appointing authority in support of the charges.
(n) The Commission, or a referee, on request of any party, or on its or his own motion, may order that the witnesses in any hearing be separated so as to preclude any witness, other than the parties and their attorneys, from hearing the testimony of any \other witness. In the application of this Rule only one person, in addition to counsel, shall represent the appointing authority or any department.
(o) The Commission, or a referee, may fix the total time to be allowed for oral argument, according to the circumstances of each case, and may limit oral argument to one or more issues.
Except with special leave of the Commission, or referee, only one attorney shall be permitted to present oral argument for any party.
The Commission or the referee may in any case on its or his own motion invite or allow any member or members of the Louisiana State Bar Association to present oral or written argument on any question of law, provided such oral argument is presented at a hearing when all parties are present, or represented, or that a copy of all written arguments be served on all parties, or their counsel, if any. Service of such written argument shall be made to appear by the certificate of the writer.
(p) The Commission or a referee may take notice of the provisions of the Article, the Rules, the Classification Plan, and the Pay Plan without the necessity of an offer in evidence.
(q) When during the course of a hearing a ruling by the Commission is to be made, the presiding Commissioner shall rule and his ruling shall constitute that of the Commission; provided, that should a member of the Commission object to such ruling or offer an alternative ruling, the ruling of the Commission shall be determined by majority vote of those members present.
(r) Subject to the provisions of Subsections (m) and (s), when a classified employee alleges that he has been discriminated against because of his political or religious beliefs, sex, or race, the facts expressed in writing by the appointing authority as cause for the demotion, suspension, dismissal, or other action, shall be accepted as prima facie true. Evidence shall not be received from an appointing authority to supplement or enlarge the facts as so expressed. The appointing authority may rebut any proof offered by the appellant employee in contradiction of the facts expressed in writing by the appointing authority. The burden of proof as to the facts shall be on the appellant and the Commission or a referee may, in its or his discretion, require him to open the case.
(s) In combination appeals, where the appellant denies the verity or severity of a portion or all of the charges set forth in writing and where he alleges discrimination with respect to all or a portion of the charges:
l. As to that portion of the facts set forth in writing, the verity or severity of which is denied by the appellant, the burden of proof shall rest upon the appointing authority.
2. As to that portion of the appeal in which the appellant alleges discrimination, the burden of proof shall rest upon the appellant.
(t) Authentic acts delegating appointing authority or certified copies thereof may be offered into evidence without further proof and shall be accepted as prima facia proof of the recitals contained therein.
(u) When a violation of Section 8(A) of the Article or a Rule in Chapter 12 is the basis for appeal, the burden of proof, as to the facts, shall be on the appointing authority. When a violation of any other Section of the Article or any other Rule is the basis for appeal, the burden of proof, as to the facts, shall be on the employee.
13.20 Referees.
(a) The Commission may appoint a referee to hear and decide any appeal pending before the Commission.
(b) A referee shall have subpoena power and power to administer oaths as well as the powers granted in this Chapter.
(c) After a referee hears an appeal, he shall prepare a written decision containing his findings of fact and/or conclusions of law which decision shall be filed with the Director. On the same date that the referee's decision is filed with the Director, the Director shall mail a copy of the referee's decision to the parties and shall advise the parties of their right to file an application for review of the referee's decision.
(d) The decision of a referee shall become the final decision of the Commission on the date that the referee's decision is filed with the Director unless an application for review of the referee's decision is filed in accordance with Rule 13.36.