(a) After hearing of an appeal, the Commission shall make a written decision containing its findings of facts and conclusions, which shall be filed with the Director. The decision of the Commission shall be final on the day that it is filed with the Director.
(b) On the same date that the decision is filed with the Director, the Director shall mail to all interested parties a copy of the decision.
(c) If the Commission after any hearing orders a dismissed or suspended employee reinstated, it may reinstate such employee under such conditions as it deems proper and subject to Rule 13.18 may order full pay for lost time.
13.29 Interlocutory Rulings.
(a) Formal exceptions to the interlocutory rulings or orders of the Commission, or of a referee, are unnecessary. At the time the ruling is made or the order is communicated, a party shall make known his objection thereto and the grounds therefor, and same shall be noted in the record.
(b) The Commission, or a referee, may at any time prior to a final decision, recall, reverse, or revise any interlocutory ruling or order.
13.30 Repealed, effective March 15, 1966.
13.31 Amicable Settlement of Appeals.
In any appeal pending before the Commission, the parties thereto may agree to submit a proposed settlement which, if approved by the Commission or a Referee, shall constitute a final disposition of the appeal.
13.32 Recusation of Commissioner or Referee.
The grounds for recusation of a Commissioner or a Referee shall be the same as the grounds for the recusation of judges of the courts of the State of Louisiana.
13.33 Interrogatories; Pre-Trial Discovery; Rehearing of Appeal.
(a) Interrogatories and pre-trial discovery proceedings shall not be recognized by the Commission or a referee.
(b) No rehearing shall be granted from a final decision of the Commission or from a final decision of a referee. Final decisions of a referee shall be subject to review as is provided in Rule 13.36.
13.34 Finality of Commission Action on Rules and Plans.
No appeal to the Commission shall lie from the adoption by the Commission, after public hearing, of a Classification Plan, a Pay Plan, or of any Rule, or of any Amendment to said Plans or Rules.
13.35 Attorneys' Fees.
(a) When the Commission or a referee approves a settlement, recision, or modification of an action that has been appealed, or renders a decision, including a decision on application for review, which reverses or modifies an action that has been appealed, the appellee may be ordered to pay attorney's fees in amount not to exceed $1,500.
(b) The Commission or a referee may allow such evidence and argument in support of the request for attorney's fees as is deemed appropriate considering the status of the appeal at the time the request for attorney's fees is filed. No attorney's fees shall be awarded unless a written request is filed before the final disposition of the appeal by the Commission or a referee.
(c) Repealed effective September 11, 1991.
13.36 Application for Review of a Referee's Decision.
(a) Any party may file with the Commission an application requesting the Commission to review a decision of a referee on any question of law or fact.
(b) To be effective, an application for review of a referee's decision must:
1. Be in writing; and
2. Be filed in the Commission's office within fifteen (15) calendar days after the date that the referee's decision was filed with the Director; and
3. Contain the name and docket number of the appeal sought to be reviewed; and
4. Specify which factual findings and/or which conclusions of law are believed to be wrong. A general statement that the opinion is wrong or that the evidence does not support the findings will not be considered sufficient; and
5. Specify which pleadings and exhibits offered into evidence are to be submitted to the Commission with the application for review. A transcript of the proceedings before the referee may not be specified as a pleading or exhibit under this rule. If no pleadings or exhibits are specified, only the referee's decision, the request for appeal and the notice of disciplinary or other action will be submitted to the Commission with the application for review; and
6. Contain a certificate that a copy of the application for review has been sent to the opposing party.
(c) The provisions of Rule 13.37 are applicable to the filing of an application for review of a referee's decision.
(d) An application for review may be accompanied by written argument.
(e) If the application for review is not timely filed, the decision of the referee shall become the final decision of the Commission as of the date that the referee's decision was filed with the Director.
(f) After consideration of the application for review, along with the pleadings and exhibits specified pursuant to subsection (b)(5) of this Rule, the Commission may:
1. Remand the appeal with instructions to the referee; or
2. Hold new hearings or take additional evidence or both, and render its own decision thereon.
3. Reverse or modify the Referee's decision on an issue of law.
4. Affirm the Referee's decision by denying the application for review.
5. Listen to pertinent portions of the sound recordings of the proceedings conducted before the Referee or read and review the transcript of the proceedings before the Referee, and, thereafter, reverse or modify the Referee's decision on an issue of fact, and/or take any of the actions specified in 1 through 4 above.
(g) If the Commission affirms the Referee's decision by denying the application for review, the order denying such review shall be filed with the Director at which time the decision of the Referee will become the final decision of the Commission. On the same date that the order denying the application for review is filed with the Director, the Director shall mail a copy of the order to all parties.
(h) Any opposition to an application for review must be filed within thirty (30) days after the date that the Referee's decision was filed with the Director. Such opposition may contain argument and may identify pleadings and exhibits offered into evidence before the Referee that should be considered by the Commission in support of the opposition. A transcript of the proceedings before the Referee may not be specified as a pleading or exhibit under this rule. Such opposition shall contain a certificate that a copy was sent to the opposing party.