Rule 3-1 Administrative Cases
Rule 3: The Special Appeals
Rule Text
3-1.1. Application for Appeal
Every application for appeal from a final decision of any administrative body shall be filed with the appropriate administrative body in writing as required by law and may include a designation of the documents filed and transcripts desired to be incorporated into the record on appeal. If such a designation is made, within 5 days after the filing of an application for appeal, any other party to the appeal may file a designation of additional portions of the record to be included. If no designation is made, the record shall be a transcript of all the proceedings as well as all documents filed with the administrative body. Costs for the inclusion of any unnecessary part of the record may be assessed against the party requiring such inclusion. The record on appeal shall include the application for appeal, any designation of the record, and a certification by the administrative body as to the correctness of the record.
Appeals from the Office of Workers’ Compensation. In addition, the record on appeal from the Office of Workers’ Compensation shall include a jurisdictional statement as contemplated by La. R.S. 23:1310.4 and 23:1310.5(A)(2).
3-1.2. Filing and Return Dates
The administrative body shall endorse on every application for an appeal the date of its filing and shall fix the return date, which shall not be more than 60 days from the date of filing the application for appeal. The administrative body shall transmit the record to the appropriate Court of Appeal by the return date.
3-1.3. Application for Supervisory Review (Writs)
Every application for supervisory review from any ruling of an administrative body that is not a final and definitive ruling on the merits of the case shall be governed by Rule 4.
3-1.4. Stay of Execution
A stay pending review by the Court of Appeal of any ruling or decision of an administrative body may be granted either by that body or by the Court of Appeal only in those matters where the authority is expressly granted by law or in exercise of supervisory jurisdiction by the Court of Appeal.
3-1.5. Applicability of Rules
All other Rules of the court and all laws regulating appeals, not inconsistent with the foregoing, shall be applicable to appeals from such administrative bodies.