Right to In-Person Hearing & Officer Subpoena
Under New Orleans Code §154 and the Central Adjudication Bureau rules, contestants have the right to an in-person hearing and to subpoena the issuing officer. Officers frequently fail to appear at scheduled hearings (caseload, retirement, scheduling conflicts). Under fundamental due process and Louisiana adjudication procedure, failure of the officer to appear after proper subpoena results in dismissal because the City cannot meet its burden.
Legal basis
La. R.S. §49:992 et seq. (Administrative Procedure Act); New Orleans Code §154; La. Const. Art. I §22 (open courts)
Sample appeal wording
Central Adjudication Bureau 1340 Poydras Street, Suite 800 New Orleans, LA 70112 Re: Citation [CITATION_NUMBER] DEMAND FOR IN-PERSON HEARING & SUBPOENA OF OFFICER Pursuant to New Orleans Code §154 and La. R.S. §49:992 et seq., I hereby: 1. Demand a contested in-person hearing on citation [CITATION_NUMBER]; 2. Subpoena the citing officer (Badge/ID [OFFICER_ID]) to appear and testify under oath; 3. Reserve the right to cross-examine and present evidence. I will not consent to any continuance based on officer unavailability. Should the officer fail to appear at the scheduled hearing, I move now for dismissal for failure of the City to meet its burden of proof. Please confirm hearing date in writing. [NAME] | [ADDRESS] | [PHONE] | [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- New Orleans Code §154
- La. R.S. §49:992 et seq.
- La. Const. Art. I §22