{
 "citation": "14:360",
 "heading": "Due process determination of facts",
 "doc_id": "78468",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78468",
 "classification": "",
 "enacted_year": "1965",
 "last_amended_year": "1965",
 "penalties": [],
 "referenced_statutes": [
  "14:358",
  "14:359"
 ],
 "text": "RS 14:360\n\n\u00a7360. Due process determination of facts\n\nIn determining that any organization or individual is in fact a\ncommunist action organization, a communist front organization, a communist\ninfiltrated organization, a subversive organization, a communist or a\nsubversive person, the following procedure shall be the legal method of such\ndetermination:\n\nUpon any district attorney or the attorney general being reasonably\ninformed that an organization or person is or should be subject to the\nregulation of R.S. 14:358 through 373, the district attorney having proper\njurisdiction, or the attorney general, shall institute in the appropriate district\ncourt a civil proceeding in the name of the state of Louisiana against such\norganization or individual, setting forth the relevant and pertinent facts\npertaining to said organization or individual under the definitions provided in\nR.S. 14:358 through 373, and praying for a judgment of the court determining,\nfrom the facts presented concerning said organization or individual, whether\nor not said organization or individual is in fact a communist action\norganization, a communist front organization, a communist infiltrated\norganization, a subversive organization, a communist or a subversive person,\nas the case may be. All such suits shall be procedurally handled as an\nadversary proceeding the same as any other civil action. The judgment of the\ncourt in such actions shall be based upon a preponderance of the evidence, as\nin all other civil cases. No determination of fact as provided in this Section\nconcerning any organization or individual shall be made by any other way than\nby judgment of a district court of this state, which judgment shall, when so\njustified by the facts presented, be rendered as prayed for by the district\nattorney or attorney general, as the case may be, identifying the defendant in\nthe terms defined in R.S. 14:359. The provisions of Articles 1871 through\n1883, of the Louisiana Code of Civil Procedure, concerning declaratory\njudgments, shall apply to all civil actions provided for in this Section.\n\nAmended by Acts 1965, No. 45, \u00a71."
}