Louisiana Administrative Code

A. All self-insurance funds shall determine the normal premium due from each member in each policy year based on actual audited payroll. Audits shall consist of physical on-site audits, mail self-audits, telephone audits, or virtual audits. The requirements set forth herein shall…

A. Except upon approval of the commissioner, the fund's administrator, service company, or any owner, officer, employee of, or any other person affiliated with, such administrator or service company shall not serve on the board of trustees of the fund. B. All trustees shall be re…

A. An employer joining a fund after the group has been issued a certificate of approval shall: 1. submit an application for membership to the board of trustees or its administrator; and 2. enter into the indemnity agreement required by §1103.C.l hereof. Membership shall take effe…

A. All service companies must file a request for approval by the commissioner and have a letter or certificate of approval from the commissioner prior to engaging in any service to a fund. All service companies performing services for group self-insurance funds on the effective d…

A. Any person soliciting membership for a fund must be licensed by the commissioner as a property and casualty agent; provided, however, that employees of a bona fide trade or professional association which has established a fund shall not be required to be so licensed if such so…

A. In the event that a fund is insolvent, the fund shall file a written plan within 60 days, signed by the board of trustees, detailing the means by which the fund intends to eliminate the insolvency. The means of eliminating the insolvency may include an assessment of the member…

A. Funds shall provide reasonable means whereby any member aggrieved by the application of the fund's rating system may, in writing, request a review of the manner in which such rating system has been applied in connection with the coverage afforded. The fund shall have 30 days f…

A.1. The department shall have authority to issue cease and desist orders and suspend or revoke the certificate of authority of any fund which the department determines is not in compliance. 2. Upon finding, after notice and opportunity for a hearing, that any person or group has…

A. After notice and opportunity for a hearing, the commissioner may revoke a group's certificate of authority if: 1. the group is found to be insolvent; 2. the group fails to pay any premium tax, regulatory fee, or assessment, or special fund contribution imposed upon it; 3. the …

A. The commissioner shall examine, not less frequently than once every five years, and at any other time when an examination is necessary in the opinion of the commissioner, all group self-insurance funds established pursuant to R.S. 23:1191 et seq. The expenses of such examinati…

A. No person shall apply pesticides as a commercial applicator unless such person is: 1. licensed as required under §725 hereof; 2. employed by a person licensed as required by §725 hereof; 3. making ground applications of pesticides under the direct supervision of a person certi…

A. In addition to all other pesticides classified by EPA as restricted use pesticides, the pesticides listed in Subsection B of this Section are classified as restricted use pesticides within the state of Louisiana, except: 1. when formulated in concentration of 2 percent or less…

A. Commercial aerial pesticide applicators, with the single exception of aerial mosquito pest control applicators, shall adhere to the following standards for fixed wing aircraft, regarding boom configurations, nozzle angles, and volume of pesticides per acre. 1. The effective sp…

A. No commercial applicator shall apply any of the pesticides listed in §1103.B in the parishes and during the periods specified in §1103.C without written authorization from the commissioner prior to such application, except as described in §1103.P. B. The commissioner may waive…

A. All aerial pesticide applicators are prohibited from making an application of any pesticide while it is raining. This prohibition shall not apply to a drizzle of rain so light as to not cause puddling or run-off water from the field. B. Unless further restricted by other regul…

A. Any person who applies or supervises the application of pesticides on a nonfee basis for grass and weed control and rodent and general pest control (roaches, wasps, and ants) or restricted use pesticides, in, on, or around school structures and grounds shall be a certified com…

A. Persons filing complaints shall, at the same time the complaint is filed, execute a consent form granting access to the property for the purpose of inspection. B. Each person filing a crop injury complaint must notify the commissioner at least 24 hours before the start of harv…

A.1. When a member whose employment was terminated applies to the civil service board or a court of law for reinstatement, the member shall notify the system within three days of such application. 2. If the member retired and participated in the Deferred Retirement Option Plan pr…

A. Within 90 days of the date on which a malpractice claim is asserted, or of the date on which a claim that may reasonably impact the fund becomes probable of assertion, against an enrolled health care provider, the health care provider, or the health care provider's liability i…

A. On or before August 1 of each year, each insurance company, approved risk retention group, and approved self-insurance trust fund then providing professional health care liability insurance to any health care providers enrolled with the fund, and each enrolled self-insured hea…

A. Noncompliance with the reporting and notice requirements prescribed by these rules shall be deemed adequate and sufficient legal grounds for the cancellation and termination of enrollment of any enrollee of the fund. The executive director shall give written notice via certifi…

A. All reports, notices, communications, information, records, and data made or given to the executive director, the board or to their agents or contractors pursuant to the provisions of Chapter 11 shall be deemed privileged and confidential by and in the possession of the execut…

A. Order establishing rules and regulations concerning the required use of storm chokes to prevent blowouts or uncontrolled flow in the case of damage to surface equipment.

A. All flowing wells with a surface pressure in excess of 100 pounds, falling within the following categories, shall be equipped with storm chokes: 1. any locations inaccessible during periods of storm and/or floods, including spillways; 2. located in bodies of water being active…

A. Onshore Wells. Where the use of storm chokes would unduly interfere with normal operation of a well, the Commissioner of Conservation may, upon submission of pertinent data, in writing, waive the requirements of this order. B. Offshore Wells 1. The district manager, upon submi…

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 he…

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 com…

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 fact…

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.

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 t…

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____…

A. A respondent may file his answer or other appearance on or before the date fixed for hearing.

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 part…

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 p…

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…

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.

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…

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 b…

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…

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."

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…

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 …

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…

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.

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…

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 sha…

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.

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 testi…

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.

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 …