2.10 Adoption, Amendment or Repeal of Rules; Emergency Rules Changes.

(a) The adoption, amendment or repeal of any rule shall be approved by the Commission only after a public hearing. Such changes to the rules shall become effective upon adoption by the Commission, unless the Commission specifically provides another effective date.

(b) At least twenty-five days prior to the adoption, amendment or repeal of any rule by the Commission, the proposed rule change and a report thereon shall be submitted to the House Committee on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs.

(c) The report shall include:

1. A copy of the rule as it is proposed for adoption, amendment or repeal.

2. A statement of the proposed action, that is, whether the rule is proposed for adoption, amendment or repeal; a brief summary of the content of the rule if proposed for adoption or repeal; and a brief summary of the change in the rule if proposed for amendment.

3. The specific citation of the law purporting to authorize the adoption, amendment or repeal of the rule.

4. A statement of the circumstances which require adoption, amendment, or repeal of the rule.

5. A statement of the fiscal impact of the proposed action and if possible, a statement of the economic impact of the proposed action, both of which statement shall have been submitted to the Legislative Fiscal Office.

(d) No action shall be taken by the Commission on a proposed rule change until both Committees have submitted their recommendations to the Commission concerning the proposed rule change or twenty-five days have elapsed since the required report was submitted to the Committees, whichever occurs sooner.

(e) No action shall be taken by the Commission on the proposed rule change until a notice of intent to consider the proposed rule change has been published in the Louisiana Register.

(f) If the Commission finds that an imminent peril to the public health, safety, or welfare or another emergency requires adoption of a rule change without compliance with this rule and within five days of adoption of the rule change, states in writing to the Governor of the State of Louisiana, the Attorney General of Louisiana, and the Department of the State Register its reasons for that finding, it may proceed without such compliance or upon any abbreviated notice that it finds practicable, to adopt an emergency rule change. Notice of the emergency rule change shall be mailed, within five days of adoption of the emergency rule change, to the House Committee on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs. The month following the month in which any emergency rule change is adopted, the emergency rule change shall be published in full in the Louisiana Register with the reasons submitted by the Commission for the finding of the emergency. Any emergency rule change adopted by the Commission shall become effective on the date of adoption or on a date specified by the Commission not more than sixty days future from the date of adoption. Such an emergency rule change shall not be effective for a period longer than one hundred twenty days, but an identical rule change may be adopted in accordance with the provisions of Paragraphs B through E of this rule.

2.11 Contempt of the Commission.

A contempt of the Commission or its Referee is an act or omission tending to obstruct or interfere with the orderly discharge of the responsibilities and duties of the Commission or its Referee, or to impair the dignity of the Commission or its Referee or respect for their authority.

A contempt of the Commission includes, but is not limited to, any of the following acts:

(a) Wilful failure to comply with a subpoena or summons to appear before the Commission or its Referee, proof of service of which appears of record.

(b) Willful violation of an order excluding, separating, or sequestering a witness.

(c) Refusal to take the oath or affirmation as a witness, or refusal of a witness to answer a nonincriminating question when ordered to do so by the Commission or its Referee.

(d) Insolent or disorderly behavior toward the Commission or an attorney or other officer or Referee of the Commission, tending to interrupt or to interfere with the business of the Commission or its Referee or to impair its dignity or respect for its authority.

(e) Breach of the peace, boisterous conduct, or violent disturbance tending to interrupt or to interfere with the business of the Commission or its Referee or to impair its dignity or respect for its authority.

(f) Use of insulting, abusive or discourteous language by an attorney or other person before the Commission or its Referee, or in a motion, plea, brief or other document filed with the Commission or its Referee in irrelevant criticism of the Commission, a Commissioner, an attorney, the Director or his staff, or an officer or Referee of the Commission.

(g) Action by any person taken or ordered to be taken without approval of the Commission when such approval for the action is required by either the State Constitution or by Civil Service Rule.

(h) Failure of any person to comply with any order or directive of the Commission unless otherwise stayed by a Court of proper jurisdiction or unless within the time limits for such compliance provided by applicable rule or law.

(i) Wilful failure of an attorney to appear at the time and place set for the hearing in which he is to participate.

2.12 Procedure for Punishing for Contempt.

(a) When a person has committed a contempt of the Commission or a Referee in the presence of the Commission or a Referee, he may be found guilty and punished therefore by the Commission or Referee forthwith, without any trial other than affording him an opportunity to be heard orally by way of defense or mitigation.

(b) When a person is charged with committing a contempt outside of the presence of the Commission or a Referee, he shall be tried by the Commission or the Referee on a Rule to show cause alleging the facts constituting the contempt. The Rule may be issued by the Commission or Referee on its own motion, or on motion of the Director.

(c) A copy of the motion and of the Rule shall be served on the person charged, in the manner of a subpoena, not less than forty-eight hours prior to the time assigned for trial of the Rule.

(d) If a person charged with contempt is found guilty, the Commission or a Referee shall render an order reciting the facts constituting the contempt, adjudging the person charged with the contempt guilty thereof, and specifying the punishment imposed.

(e) Should a person served in accordance with this Rule fail to appear at the time, date, and place set for the hearing on the Rule, the Commission or Referee may order any law enforcement officer to apprehend and to bring before the Commission or Referee the person charged with contempt, to proceed with the hearing in the absence of the person charged, or to institute proceedings before the judiciary of this State as the Commission or Referee deems proper.

2.13 Penalties for Contempt.

(a) In addition to that which is provided for in these Rules, the Commission or a Referee may punish a person adjudged guilty of contempt of the Commission or the Referee by a fine of not more than five hundred dollars ($500.00).

(b) Money collected pursuant hereto shall be paid into the General Treasury of the State of Louisiana in accordance with law.

2.14 Commanding Immediate Presence.

In addition to that which is provided for herein, the Commission or a Referee may order any law enforcement officer to locate and bring before the Commission or the Referee any person who fails to appear at a hearing pursuant to a subpoena if proof of service appears of record and if the immediate presence of that person will facilitate the progress of the subject hearing.

2.15 Suspension of deadlines 

(d)  This rule does not apply to the deadlines in rules 13.36(b)2 and 13.37, which are established by the state constitution.