reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 7 - Rule Number 10-Continuing Education › Section XI-715 - Program Certification Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application for certification of a
				continuing education program shall be submitted to the commissioner not less
				than 30 days prior to the expected use of the program. Each application shall
				be submitted electronically using the "CE Course Administration Module" of the
				Industry Access System or succeeding system and shall include:
1. the full legal name and federal employer
				identification number (FEIN) of the provider of the continuing education
				program;
2. an outline of the
				program including a list of resource material to be used, a copy of the
				textbook to be used, description of the training aids to be used, a detailed
				description of the program, a schedule of the program which clearly indicates
				the time spent on each subject for which credit is being requested and the cost
				of the program to each participant;
3. a statement of the method used to
				determine the course has been completed and whether there has been a positive
				achievement of education on the part of the licensee participating in the
				program. Such method may be a written examination, a written report by the
				licensee, certification by the organization providing the program of the
				attendance or completion of the program by the licensee, or any other method
				approved by the commissioner as appropriate for the subject;
4. if the program is not a self-study
				program, a schedule of locations where the instructional program will be
				offered, and a schedule of times and dates when the program will be offered.
				Any change in the schedule of locations, dates or times of program presentation
				shall be filed with the commissioner no less than three days prior to the
				scheduled beginning date of the program presentation;
5. if the program is not a self-study
				program, the physical address, including room or suite number and a description
				of the facilities where the program will be presented. All facilities shall
				meet the requirements of
				§723 of this Rule;
6. if the program is a self-study program, a
				description of the measures used by the provider to verify identity of the
				participants;
7. if the program is
				a self-study program, a description of the technical support available to
				participants including the business hours of the support and the proposed
				length of time for response by the provider to any inquiries;
8. if the program is a self-study program, a
				description of the method used to prevent access to a course exam before review
				of the course material;
9. if the
				program is a self-study program, a user ID and log-in credentials to permit the
				commissioner to view the program in the same environment under the same
				conditions that will be permitted for the participants.
10. payment of all fees as required by
				R.S.
				22:821(B)(29).
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 7 - Rule Number 10-Continuing Education › Section XI-717 - Measurement of Credit Hours

Current through Register Vol. 50, No. 6, June 20, 2024
A. Credit
				hours for continuing education programs shall be determined by the commissioner
				in compliance with the provisions of this Rule.
B. Credit for continuing education programs
				shall be given in full hours only.
1. The
				number of credit hours for programs other than self-study shall be equivalent
				to the actual number of hours in the classroom instruction or participation.
				Each hourly period must include at least 50 minutes of continuous instruction
				or participation. For this purpose, a one-day program will be granted eight
				hours credit if the total lapsed time is approximately eight hours and the
				total time of instruction is at least 400 minutes.
2. The number of credit hours for self-study
				programs shall be determined by the commissioner upon considering the
				following:
a. the complexity of the material
				covered in the program;
b. the word
				count of the total program;
c.
				statistical data on the length of time spent by participants in the
				program;
d. the run time of any
				videos, animation or interactive exercises which are mandatory for completion
				of the program.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 7 - Rule Number 10-Continuing Education › Section XI-719 - Provider Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Continuing education providers shall be one of the following;
1. an insurance trade association;
2. an insurance company admitted to do
				business in Louisiana;
3. an
				accredited public or private college or university;
4. an organization certified by the
				commissioner.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 7 - Rule Number 10-Continuing Education › Section XI-721 - Instructor Qualifications [Formerly Section 719]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every provider of a continuing education
				program shall designate an individual as a supervisory instructor. The
				supervisory instructor shall be responsible for the conduct of all other
				instructors or guest instructors and shall be responsible for assuring the
				quality of the instructional program. Every supervisory instructor shall have a
				minimum of five years of insurance experience and/or graduate level or
				professional education satisfactory to the commissioner.
B. Nonsupervisory instructors shall meet at
				least one of the following criteria:
1. have
				a minimum of three years experience as an insurance instructor with experience
				in the subject being taught;
2.
				have been licensed for at least five years as a licensee of this state or
				another state;
3. hold a national
				designation directly related to the subject matter being taught;
4. be in a profession pertinent to the
				subject matter being taught.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 7 - Rule Number 10-Continuing Education › Section XI-723 - Training Facilities Requirements [Formerly Section 721]

Current through Register Vol. 50, No. 6, June 20, 2024
A. At a minimum, all training facilities
				shall:
1. provide an atmosphere conducive to
				educational presentation, including good housekeeping, controlled environment
				as to heating and cooling, proper lighting and proper furnishings;
2. be easily accessible and secure for the
				safety of the attendees;
3. be
				dedicated for the exclusive use of the instructional program while in
				session;
4. provide ready access to
				rest rooms and other facilities of human needs to the attendees;
5. provide a proper layout to ensure that
				training aids, overhead viewing equipment and other such aids are easily
				visible by all attendees of the program.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 7 - Rule Number 10-Continuing Education › Section XI-725 - Authority of the Commissioner to Conduct On-Site Review of Continuing Education Programs [Formerly Section 723]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner or his designee shall
				have the authority to visit a training facility and review the provider's
				program at any time. Said visits may include the review of curriculum records,
				review of attendance records, and observation of instructional sessions in
				progress.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  R.S. 22:1547,
				  R.S.
				  22:1573,
				  R.S.
				  22:1673,
				  R.S.
				  22:1678,
				  R.S.
				  22:1702,
				  R.S.
				  22:1708,
				  R.S. 22:1808.4
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 7 - Rule Number 10-Continuing Education › Section XI-727 - Program Completion [Formerly Section 725]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every provider shall maintain a list of
				all individuals who have successfully completed a continuing education program
				presented by that provider for a period of not less than five years from the
				date of course completion. The list shall contain the identification number
				assigned to the program by the commissioner and the name, and such distinct
				information as necessary to clearly identify all individuals who successfully
				completed the program and the date of completion of the course. Every provider
				shall submit a copy of the list to the commissioner within 15 calendar days of
				program completion.
B. Every
				provider shall also maintain electronic records of program completion in a
				format compatible with the commissioner's specifications to facilitate the
				electronic reporting and transfer of attendance information from the provider
				to the commissioner.
C. Every
				provider shall present a certificate of successful completion to each licensee
				who successfully completes the continuing education program. This certificate
				shall be on a form acceptable to the commissioner and shall include the name of
				the licensee and the identification number assigned to the program by the
				commissioner.
D. A provider may not
				provide credit unless the licensee has completed the full continuing education
				program. A licensee may not receive partial credit.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  R.S.
				  22:1547,
				  R.S.
				  22:1573,
				  R.S.
				  22:1673,
				  R.S.
				  22:1678,
				  R.S.
				  22:1702,
				  R.S.
				  22:1708,
				  R.S.
				  22:1808.4 and the Administrative Procedure
				  Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 7 - Rule Number 10-Continuing Education › Section XI-729 - Fees [Formerly Section 729]

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				applications submitted to the commissioner seeking certification of a
				continuing education program or provider shall be accompanied by the fee set
				forth in
				R.S.
				22:821(B)(29).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  R.S.
				  22:1547,
				  R.S.
				  22:1573,
				  R.S.
				  22:1673,
				  R.S.
				  22:1678,
				  R.S.
				  22:1702,
				  R.S.
				  22:1708,
				  R.S.
				  22:1808.4 and the Administrative Procedure
				  Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 7 - Rule Number 10-Continuing Education › Section XI-731 - Complaints [Formerly Section 729]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner shall review all
				complaints lodged against a provider, supervisory instructor or instructors of
				a program. Every provider, supervisory instructor or instructor shall respond
				to an inquiry from the commissioner regarding a complaint within 30 days of
				receipt of such inquiry. Any disciplinary action required shall be taken by the
				commissioner in accordance with the Louisiana Insurance Code, specifically R.S.
				22: 2191-2208.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  R.S. 22:1547,
				  R.S.
				  22:1573,
				  R.S.
				  22:1673,
				  R.S.
				  22:1678,
				  R.S.
				  22:1702,
				  R.S.
				  22:1708,
				  R.S. 22:1808.4
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 7 - Rule Number 10-Continuing Education › Section XI-733 - Violations [Formerly Section 733]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner may deny, suspend,
				rescind, or refuse to renew the certification of a continuing education program
				or provider should he find the program, the supervisory instructor, instructor
				or the provider of the program has violated any provision of this Rule or any
				applicable provisions of the Louisiana Insurance Code or should he find that
				continued operation of the continuing education program is not in the best
				interest of the citizens of this state or the insurance buying
				public.
B. Any denial, suspension,
				or rescission of the certification of a continuing education program shall
				comply with the provisions of
				R.S.
				49:961.
C. An aggrieved party affected by the
				commissioner's decision, act, or order may demand a hearing in accordance with
				R.S. 22: 2191 et seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  R.S.
				  22:1547,
				  R.S.
				  22:1573,
				  R.S.
				  22:1673,
				  R.S.
				  22:1678,
				  R.S.
				  22:1702,
				  R.S.
				  22:1708,
				  R.S.
				  22:1808.4 and the Administrative Procedure
				  Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 9 - Rule Number 12-Transmission of Forms and Documents › Section XI-901 - Transmission of Forms and Documents Filed with the Department of Insurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. All forms,
				documents, applications, filings, financial reports, and any and all other
				forms and types of documents required by law or voluntarily filed with the
				commissioner by any insurer or entity regulated by the commissioner shall be
				filed by depositing the same in the United States mail, postage prepaid, and/or
				with a private or commercial interstate carrier, and/or via electronic
				transmission. Payment of fees, including license fees, and premium taxes shall
				be exempt from this Rule.
B. No
				document of any sort or kind described in §901.A will be accepted or received
				by the personnel of the department as having been filed with the department
				unless the same is transmitted to the department via the United States mail, a
				private or commercial interstate carrier, and/or electronic
				transmission.
C. The department
				shall retain the envelope or other evidence of submission method attached to
				the document.
D.
1.Transmission of documents by private
				courier service without interstate service or by hand delivery is permissible
				as long as the documents are:
a. subsequently
				mailed in the United States Postal Service or delivered to a private or
				commercial interstate carrier for shipping and received by the department on or
				before the twentieth day after receipt of the private courier delivery, or hand
				delivery; or
b. sent via electronic
				transmission such that the transmission is received by the Department of
				Insurance on or before the twentieth day after receipt of the private courier
				delivery or hand delivery.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 9 - Rule Number 12-Transmission of Forms and Documents › Section XI-903 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				terms used in Rule 12 have the meanings set forth below:
Commissioner
-the Commissioner of the
				  Louisiana Department of Insurance
Department
-the Louisiana Department of
				  Insurance
Private or Commercial Interstate Carrier
-any
				  person or entity engaged in the business of accepting documents for
				  transportation and delivery between one State, Territory, Possession, or the
				  District of Columbia and another State, Territory, Possession, or the District
				  of Columbia.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 22.2.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. By reference,
				all of the definitions set forth and contained in
				R.S.
				49:951 through
				R.S.
				49:966, inclusive, and the Louisiana
				Insurance Code (Title 22, of the Louisiana Revised Statutes of 1950, as
				amended) are incorporated herein, and for the purpose of hearings to be held
				hereunder, the following definitions shall prevail.
Applicant
- the applicant shall be the
				  person, persons, firm, company, partnership, association, insurer or
				  corporations, as well as the commissioner or department seeking relief before
				  the Commissioner of Insurance. The term
applicant
may
				  otherwise be styled
petitioner
or
complainant
.
Commissioner
- when used herein shall mean
				  the Commissioner of Insurance, or his deputy, examiner or hearing officer
				  appointed by him.
Department
- department shall, for all
				  purposes herein, mean the Department of Insurance.
Hearing
- any contested case or any formal
				  proceeding before the commissioner brought pursuant to any law of the state of
				  Louisiana or rule or regulation of the commissioner, whether or not the same is
				  adversary in nature.
Respondent
- the person, persons, firms,
				  companies, partnerships, associations, insurers, or corporations, including the
				  commissioner and the department against whom any proceeding or application for
				  relief is brought.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1103 - Commencement of Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				hearings initiated by an applicant other than the commissioner and those
				initiated by the commissioner for the purpose of promulgating rules or
				regulations, shall be commenced by filing of a written petition or complaint
				with the commissioner. Hearings initiated by the commissioner, except for
				promulgating of a rule or regulation, shall be commenced by the issuance of an
				order to show cause directed to the respondent, wherein shall be alleged the
				acts or omissions of acts claimed in violation of the law, or of any of the
				lawful rules, regulations or orders promulgated by the commissioner thereunder
				and by authority thereof. Hearings initiated by the commissioner for the
				purpose of adoption, amendment or repeal of any rule shall be in accordance
				with the requirements of
				R.S.
				49:953(A)(1). The
				commissioner will maintain a list of persons who have made requests, in
				writing, for advance notice of such hearings, and will give notice by certified
				mail to such persons in accordance with
				R.S.
				49:953(A)(1).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1105 - Petitions, Complaints or Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The applicant desiring, or required by law, to institute a hearing shall
				prepare and file with the commissioner a petition, complaint or order to show
				cause setting forth:
1. the name and address
				of each respondent;
2. a statement,
				in ordinary and concise language, of the facts upon which the petition,
				complaint or order to show cause is based, together with supporting evidentiary
				material including, whenever applicable, particular reference to the statute or
				statutes, or rules, regulations, and orders that the applicant alleges have
				been violated.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1107 - Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the filing
				of a petition, order or complaint, or where rules and regulations are proposed
				for adoption by the commissioner, he shall issue a notice in conformity with
				the provisions of
				R.S.
				49:955 and
				R.S.
				22:1354.C whenever applicable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1109 - Service of Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notice may
				be served, personally or by certified or registered mail, return receipt
				requested. Service of orders to show cause by the commissioner shall be made
				upon any officer of corporate parties at their domicile or principal offices.
				Reasonable notice shall be construed to mean service of notice at least 20 days
				prior to the date of the hearing, except where notice is given in connection
				with a hearing to adopt rules or regulations, in which event the provisions of
				R.S.
				22:1354.C shall govern. Service by mail shall
				be deemed complete at the date of mailing.
B. In addition to the notice above provided,
				the commissioner may, in his discretion, require additional notice to be given
				in such manner as he shall direct.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1111 - Proof of Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. There shall
				appear on all documents required to be served an acknowledgment of service or
				the following certificate.
I hereby certify that I have this day served the
							 foregoing document upon all parties of record in this proceeding (by delivering
							 a copy thereof in person to_________________) (by mailing a copy thereof
							 properly addressed, with postage prepaid, to ________). Dated at _____, this
							 ____ day of______ 19____.
______________________________________
Signature
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1113 - Answer or Appearance

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				respondent may file his answer or other appearance on or before the date fixed
				for hearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1115 - Leave to Intervene Necessary

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Persons, other than the original parties to any proceeding, whose interests are
				to be directly and immediately affected by the proceeding, shall secure an
				order from the commissioner, or hearing officer appointed by him, granting
				leave to intervene before being allowed to participate; provided that the
				granting of leave to intervene in any matter or proceeding shall not be
				construed to be a finding or determination of the commissioner or the hearing
				officer for purposes of court review or appeal.
B. Petitions for leave to intervene must be
				in writing and must clearly identify the proceeding in which it is sought to
				intervene. Such petition must set forth the name and address of the petitioner
				and contain a clear and concise statement of the direct and immediate interest
				of the petitioner in such proceeding, stating the manner in which such
				petitioner will be affected by such proceeding, outlining the matters and
				things relied upon by such petitioner as a basis for his request to intervene
				in such cause, and if affirmative relief is sought, the petition must contain a
				clear and concise statement of relief sought and the basis thereof, together
				with a statement as to the nature and quantity of evidence petitioner will
				present if such petition is granted.
C. Petitions to intervene and proof of
				service of copies thereof on all other parties of record shall be filed not
				less than two days prior to the commencement of the hearing. Thereafter, such
				petition shall state a substantial reason for such delay. Otherwise, such
				petition will not be considered. If a petition to intervene shows direct and
				immediate interest in the subject matter of the proceeding or any part thereof
				and does not unduly broaden the issues, the commissioner may grant leave to
				intervene or otherwise appear in the proceeding with respect to the matters set
				out in the intervening petition, subject to such reasonable conditions as may
				be prescribed. If it appears during the course of a proceeding that an
				intervenor has no direct or immediate interest in the proceeding, and that the
				public interest does not require his participation therein, the commissioner
				may dismiss him from the proceeding.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1117 - Docket

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a hearing
				is instituted, it shall be assigned a number and entered with the date of its
				filing on a separate page of docket provided for such purpose. The department
				shall establish a separate file for each such docketed case, in which shall be
				systematically placed all papers, pleadings, documents, transcripts, evidence
				and exhibits pertaining thereto, and all such items shall have noted thereon
				the docket number assigned, and the date of filing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1119 - Default in Answering or Appearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event of the failure of any
				respondent to answer or otherwise appear within the time allowed, and provided
				that the foregoing rules as to service have been complied with, the respondent
				or respondents so failing to answer or otherwise plead or to appear, shall be
				deemed to be in default, and the allegations of the complaint, petition, or
				order to show cause, as the case may be, together with the evidence to support
				the same, shall be entered into the record and may be taken as true and the
				order of the commissioner entered accordingly.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1121 - Subpoenas

Current through Register Vol. 50, No. 6, June 20, 2024
A. As authorized by
				R.S.
				49:956(5), and
				R.S.
				22:1358.B, subpoenas for appearance and to
				produce books, papers, documents or exhibits will be issued by the commissioner
				upon written request of any party.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1123 - Prehearing Conference

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				commissioner or hearing officer may, upon his own motion or upon the motion of
				any party of record, by giving seven days' prior written notice of the time and
				place to all parties of record, hold a prehearing conference for the purpose
				of:
1. formulating or simplifying the
				issues;
2. obtaining admissions of
				fact and of documents which will avoid unnecessary proof;
3. arranging for the exchange of proposed
				exhibits or prepared expert testimony;
4. limiting the number of witnesses;
				and
5. considering such other
				matters which may expedite orderly conduct and disposition of the proceedings
				or settlement thereof.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1125 - Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the date,
				time and place of the hearing as having been set down by the commissioner, and
				in accordance with the notice given, the commissioner or hearing officer shall
				hear all matters presented. All issues and matters enumerated and described in
				the pleadings given shall be presented by the applicant. The commissioner may
				be represented by any member of his staff and all other parties may be
				represented, personally or by counsel, provided that such counsel be duly
				authorized to practice law in the state of Louisiana or is otherwise associated
				at the hearing with one or more attorneys authorized to practice law in this
				state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1127 - Order of Procedure at Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				As nearly as may be, hearings shall be conducted in accordance with the
				following order of procedure.
1. The
				commissioner shall announce that the hearing is convened upon the call of the
				docket number and title of the matter and case to be heard, and thereupon the
				commissioner shall direct the reading into the record of the petition or formal
				notice given, together with appearances made by any respondent or respondents,
				and shall note, for the record, all subpoenas issued and the returns thereon
				and all appearances of record, including counsel of record.
2. The applicant shall thereupon proceed to
				present his evidence. Witnesses may be cross-examined by the respondent or
				respondents. All exhibits offered by and on behalf of the applicant shall be
				marked by letters of the alphabet beginning with "A".
3. The respondent or respondents shall, in
				the order of answers or appearances made, be heard in the same manner as the
				applicant's evidence, witnesses and exhibits have been heard and presented.
				Each respondent's exhibits shall be marked separately so as to identify the
				respective respondent and numbered commencing with the number "1".
4. Opening statements may be permitted and
				rebuttal evidence presented at the discretion and order of the
				commissioner.
5. Closing
				statements, at the conclusion of the presentation of evidence, may be made by
				the applicant and by the respondent. The time for oral argument may be limited
				by the commissioner.
6. The
				commissioner or hearing officer may adjourn any hearing pursuant to
				R.S.
				22:1356.
7. After all proceedings have been concluded,
				the commissioner shall dismiss and excuse all witnesses and declare the hearing
				closed. Any party who may wish or desire to tender written briefs of law to the
				commissioner may do so within reasonable time limits fixed by the commissioner
				or hearing officer.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1129 - Witnesses to be Sworn

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				persons testifying at any hearing before the commissioner shall stand and be
				administered the following oath by the commissioner:
"Do you swear or affirm to tell the truth, the whole truth
				  and nothing but the truth in this matter now being heard so help you
				  God."
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1131 - Rules of Pleading and Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Formal rules of pleading or evidence need
				not be observed at the hearing.
B.
				On his own motion the commissioner or hearing officer may, and on request of a
				party he shall, order that the witnesses, other than parties, be excluded from
				the hearing or from a place where they can see or hear the proceedings, and
				refrain from discussing the facts of the case with anyone other than counsel in
				the case. In the interest of justice, he may exempt any witness from his
				order.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1133 - Attorneys

Current through Register Vol. 50, No. 6, June 20, 2024
A. The filing of an
				answer or other appearance by an attorney constitutes his appearance for the
				party for whom the pleading is filed. The commissioner shall be notified in
				writing of his withdrawal from any hearing. Any person appearing before the
				commissioner at a hearing in a representative capacity shall be precluded from
				examining or cross-examining any witness unless such person shall be an
				attorney licensed to practice law in the state of Louisiana, or a non-resident
				attorney associated with a Louisiana attorney qualified to practice law in the
				state of Louisiana. This rule shall not be construed to prohibit any person
				from representing himself in any hearing before the commissioner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1135 - Stenographic Record of Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				At the expense of and at the written request made not less than four days prior
				to the date set for the hearing by any person affected by the hearing the
				Commissioner of Insurance or the person designated by him to hold the hearing
				shall cause a full stenographic record of the proceedings to be made by a
				competent stenographic reporter, and if transcribed, such records shall be made
				a part of the record of the Commissioner of Insurance of the hearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1137 - Depositions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In all contested
				cases coming before the commissioner, the taking of depositions and discovery
				shall be available to the parties in accordance with the provisions of
				R.S.
				49:956 and C.C.P. Articles 1421 through 1515,
				inclusive.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1139 - Decision, Findings of Fact and Conclusions of Law and Order

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				shall within 30 days after termination of hearing, make and enter his written
				order thereon containing Findings of Fact and Conclusions of Law. Such decision
				and order shall be filed in his office and will, without further action, become
				the decision and order of the commissioner. Forthwith upon entry and filing,
				the department shall, subject to §1139 D, send a copy by prepaid mail to each
				party, or their attorneys of record, to whom notice of the hearing was given or
				required to be given.
B. The order
				shall contain:
1. a concise statement of the
				action taken;
2. the effective date
				of such action;
3. a designation of
				the provisions of the Louisiana Insurance Code pursuant to which the action is
				taken;
4. a concise statement of
				the findings of the Commissioner of Insurance in support of the
				action.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1141 - Rehearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				may, upon motion therefor made within 10 days after service of a decision and
				order, order a rehearing upon such terms and conditions as he may deem just and
				proper if a petition for judicial review of the decision and order has not been
				filed. Such motion shall not be granted except upon a showing that there is
				additional evidence which is material and necessary and reasonably calculated
				to change the decision; that the decision or order is clearly contrary to the
				law and the evidence; that there is a showing that issues not previously
				considered ought to be examined in order to properly dispose of the matter; or
				there is other good ground for further consideration of the issues and the
				evidence in the public interest. The motion shall be supported by an affidavit
				of the moving party or his counsel showing with particularity the materiality
				and necessity of the additional evidence or other grounds above recited and the
				reason why such evidence was not introduced at the hearing or other grounds
				above recited. Upon rehearing, the commissioner may modify his decision and
				order as the additional evidence or other grounds relied upon may warrant. The
				commissioner shall grant or deny a motion for rehearing within 10 days from his
				receipt of same.
B. The petition of
				a party for rehearing, reconsideration, or review, and the order of the
				commissioner granting it, shall set forth the grounds which justify such
				action. Nothing in
				§1141 shall prevent rehearing, reopening or
				reconsideration of a matter of the commissioner in accordance with other
				statutory provisions applicable to such agency, or at any time, on the ground
				of fraud practiced by the prevailing party or of procurement of the order by
				perjured testimony or fictitious evidence. On reconsideration, reopening, or
				rehearing, the matter may be heard by the commissioner or it may be referred to
				a subordinate deciding officer. The hearing shall be confined to those grounds
				upon which the reconsideration, reopening, or rehearing was ordered. If an
				application for rehearing shall be timely filed, the period within which
				judicial review, under the applicable statute must be sought, shall run from
				the final disposition of such application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1143 - Appeals to the District Court

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Appeals to the Nineteenth Judicial District Court from decisions of the
				commissioner are governed by
				R.S.
				49:963 and
				R.S.
				49:964 and R.S. 22:1363-1365
				inclusive.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1145 - Transcript in Case on Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				the case of an appeal to the district court as provided in §1143, the party
				appealing shall secure and file a complete transcript of the testimony and all
				other evidence offered at the hearing, which transcript must be verified by the
				oath of the reporter who took the testimony as true and correct transcript of
				the testimony and all other evidence in the case. The compensation of the
				reporter for making the transcript of the testimony shall be borne by the party
				prosecuting such appeal.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1147 - Amendment of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules
				may be amended and any such amendments shall become effective as provided by
				R.S.
				49:953 and
				R.S.
				49:954.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1149 - Exclusions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing in these
				rules shall be construed to prohibit the commissioner from holding informal
				proceedings, hearings or conferences for the purpose of aiding the commissioner
				in ascertaining and determining facts necessary for the performance of his
				duties. Any person believing himself aggrieved by a determination made by the
				commissioner following an informal proceeding, hearing or conference, and who
				is otherwise entitled thereto, may, upon filing a petition or complaint
				pursuant to
				§1105 of these rules, obtain a full
				hearing or review upon the merits, which matter shall be heard and tried de
				novo.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1151 - Declaratory Orders and Rulings, Judicial Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person entitled to the same is granted
				the right to seek from the commissioner a declaratory order or ruling on the
				applicability of any statute or rule or order of the commissioner. Requests for
				such order or rule shall be in writing and shall disclose the necessity for
				such declaratory order or rule. The commissioner shall issue his order or rule
				within 30 days from his receipt of the request for the same. Pending the
				issuance of the commissioner's order, all further proceedings shall be
				stayed.
B. The validity or
				applicability of a rule may be determined by an action for declaratory judgment
				in the 19th Judicial District Court as provided in
				R.S.
				49:962,
				R.S.
				49:963 and
				R.S.
				49:964.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1153 - Forms

Current through Register Vol. 50, No. 6, June 20, 2024
A. No particular
				forms are prescribed, and formal rules of procedure are not required. All
				requests by any person for any action to be taken by the commissioner,
				including requests for repeal of the rules, shall be in writing. Whenever such
				request is for the promulgation or amendment of a rule, it shall be accompanied
				by a final draft of the proposed rule or amendment to a rule. Such requests may
				be transmitted through the mail or delivered in person to the commissioner or
				any member of his staff at his office in Baton Rouge, Louisiana.
B. All pleadings which are filed by or on
				behalf of any person shall be in writing and the person filing the same shall
				certify that a copy of the same has been furnished to all parties to the
				hearing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 11 - Rule Number 1- Rules of Practice and Procedure before the Commissioner of Insurance › Section XI-1155 - Supersedes All Prior Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				Rule 1 supersedes any rules of procedure before the Commissioner of Insurance
				of the State of Louisiana previously promulgated.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2 and R.S.
				  22:1351-1367.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 13 - Rule Number 3-Advertisements of Accident and Sickness Insurance › Section XI-1301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				these rules is to assure truthful and adequate disclosure of all material and
				relevant information in the advertising of accident and sickness insurance.
				This purpose is intended to be accomplished by the establishment of, and
				adherence to, certain minimum standards and guidelines of conduct in the
				advertising of accident and sickness insurance in a manner which prevents
				unfair competition among insurers and is conducive to the accurate presentation
				and description to the insurance buying public of a policy of such insurance
				offered through various advertising media. This rule is being amended to remove
				the requirement that insurers file a certificate of compliance in regards to
				advertisements.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XI - Rules › Chapter 13 - Rule Number 3-Advertisements of Accident and Sickness Insurance › Section XI-1303 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. These rules
				shall apply to any accident and sickness insurance
advertisement
, as that term is hereinafter defined, intended
				for presentation, distribution or dissemination in this state when such
				presentation, distribution or dissemination is made either directly or
				indirectly by or on behalf of an insurer, agent, broker, or solicitor as those
				terms are defined in the Insurance Code of this state and these
				rules.
B. Every insurer shall
				establish, and at all times, maintain a system of control over the content,
				form and method of dissemination of all advertisements of its policies. All
				such advertisements, regardless of by whom written, created, designed, or
				presented, shall be the responsibility of the insurer whose policies are so
				advertised.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2.