Louisiana Administrative Code

A. The board shall determine whether a domestic relations order is a qualified domestic relations order within a reasonable time after it is received and shall have the right to require such evidence as they may reasonably need to make the determination. B. The board shall notify…

A. An alternate payee, by written notice to the board, may designate a representative for receipt of copies of notices that are sent to the alternate payee with respect to a domestic relations order.

A. The purpose of this regulation is to regulate accelerated benefit provisions of individual and group life insurance policies and to provide required standards of disclosure. This regulation shall apply to all accelerated benefits provisions of individual and group life insuran…

Accelerated Benefits covered under this regulation―benefits payable under a life insurance contract: 1. to a policy owner or certificate holder, during the lifetime of the insured, in anticipation of death or upon the occurrence of specified life-threatening or catastrophic condi…

A. Accelerated benefit riders and life insurance policies with accelerated benefit provisions are primarily mortality risks rather than morbidity risks. They are life insurance benefits subject to R.S. 22:161-181; 22:191-197; and the applicable portions of Part XIV, (22:611-672).

A. Prior to the payment of the accelerated benefit, the insurer is required to obtain from any assignee or irrevocable beneficiary a signed acknowledgment of concurrence for payout. If the insurer making the accelerated benefit is itself the assignee under the policy, no such ack…

A. Lump Sum Settlement Option Required. Contract payment options shall include the option to take the benefit as a lump sum. The benefit shall not be made available as an annuity contingent upon the life of the insured. B. Restrictions on Use of Proceeds. No restrictions are perm…

A. Descriptive Title. The terminology accelerated benefit shall be included in the descriptive title. Products regulated under this regulation shall not be described or marketed as long-term care insurance or as providing long-term care benefits. B. Tax Consequences. A disclosure…

A. The accelerated benefit provision shall be effective for accidents on the effective date of the policy or rider. The accelerated benefit provision shall be effective for illness no more than 30 days following the effective date of the policy or rider.

A. The insurer may offer a waiver of premium for the accelerated benefit provision in the absence of a regular waiver of premium provision being in effect. At the time the benefit is claimed, the insurer shall explain any continuing premium requirement to keep the policy in force…

A. Insurers shall not unfairly discriminate among insureds with differing qualifying events covered under the policy or among insureds with similar qualifying events covered under the policy. Insurers shall not apply further conditions on the payment of the accelerated benefits o…

A. Financing Options 1. The insurer may require a premium charge or cost of insurance charge for the accelerated benefit. These charges shall be based on sound actuarial principles. In the case of group insurance, the additional cost may also be reflected in the experience rating…

A. Actuarial Memorandum. A qualified actuary should describe the accelerated benefits, the risks, the expected costs and the calculation of statutory reserves in an actuarial memorandum accompanying each state filing. The insurer shall maintain in its files descriptions of the ba…

A. The filing and prior approval of forms containing an accelerated benefit is required.

A. An association or combination of associations may establish a service organization or purchase capital stock, obligations or other securities of such a service organization organized under the laws of the state of Louisiana subject to prior approval in writing of the commissio…

A. When used in this rule, the following words shall have the meanings as indicated. Association―a savings association, homestead building and loan association, savings and loan association or society chartered under Chapter 9, Title 6, Louisiana Revised Statutes. Commissioner―th…

A. In order to obtain such approval, the applying association shall file with the commissioner documentation from which the commissioner shall determine that: 1. there are no serious supervisory problems which would affect its ability to properly supervise and operate such subsid…

A. Pre-authorized activities of a subsidiary corporation, performed directly or through one or more wholly owned subsidiaries or joint ventures shall consist of one or more of the following: 1. loan origination, purchasing, selling and servicing; 2. acquisition of unimproved real…

A. Each subsidiary corporation main office, branch, agency or any other type facility of the subsidiary corporation shall require prior written approval of the commissioner based on his findings of the facts as presented. B. A verified copy of all contracts, instruments, join ven…

A. Investments in subsidiary corporations shall include investment in its capital stock, obligations, both secured and unsecured, or other securities of the service corporation, and shall not, in the aggregate, exceed 10 percent of the association's total assets. The limitation d…

Responsible Bidder or Proposer―a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. See also R.S. 39:1606 of the Louisiana procurement code. For the purpose of these…

A. A determination of responsibility or nonresponsibility shall be governed by this Chapter and applicable sections of the procurement code.

A. Standards 1. A reasonable inquiry to determine the responsibility of a bidder or proposer may be conducted in accordance with R.S. 39:1606. The following standards, as they relate to the particular procurement under consideration, may be used, but is not limited to the followi…

A. The prospective contractor may demonstrate the availability of necessary financing, equipment, facilities, expertise, and personnel by submitting upon request: 1. evidence that such contractor possesses such necessary items; 2. acceptable plans to subcontract for such necessar…

A. Before awarding a contract, the procurement officer must be satisfied that the prospective contractor is responsible.

A. If a bidder or proposer who otherwise would have been awarded a contract of $5,000 or more is found nonresponsible, a written determination of nonresponsibility setting forth the basis of the finding shall be prepared by the chief procurement officer, or head of a purchasing a…

A. This Chapter implements the system of procurement protest bonds and related provisions set forth in R.S. 39:1671(F), particularly as amended by Act 5 of the 2025 Regular Legislative Session. B. These rules implement and prescribe the form of the protest bond or security to be …

A. A protestor who has timely protested an award in accordance with R.S. 39:1671(A) may apply for a stay of such award in strict accordance with the following procedures: 1. The protestor must apply for the stay of an award during the protest period provided in R.S. 39:1671(A). 2…

A. The Procurement Protest Surety Bond form indicated in this Section, or its successor published by the Office of State Procurement, shall be completed in full and submitted to the Office of State Procurement in accordance with this Chapter, in lieu of the Procurement Protest Se…

A. The purpose of this rule is to accomplish a uniform application of Louisiana R.S. 22:1214.A(4), (8), and (9). It is intended to clarify those provisions of the Unfair Trade Practices Part of the Louisiana Insurance Code. (Title 22, Louisiana Revised Statute of 1950 as amended)…

A. These provisions shall be applicable to any persons directly or indirectly involved in the solicitation, negotiation and service of insurance contracts.

Confidential Information―information obtained by means of a confidential or fiduciary relationship and the existence of such relationship precludes the party in whom trust and confidence is placed from participating in profit or advantages resulting from the dealing as the partie…

A. It shall be an unfair trade practice for any person to engage in unfair competition by directly or indirectly using confidential information in the solicitation, negotiation, and service of insurance contracts, unless the disclosure of such information is authorized by the ins…

A. As a prerequisite to engage in the anhydrous ammonia business in the state of Louisiana, an applicant shall first comply with the applicable rules and regulations of the commission.

Mobile Air Conditioning System―mechanized vapor compression equipment which is used to cool the driver's or passenger's compartment of any motor vehicle.

A. Any person, firm, or corporation desiring to enter the anhydrous ammonia business in the state of Louisiana shall file formal application for a permit with the commission. These applications for permits shall be administratively granted by the office of the director upon compl…

A. Before any permit may be issued from the office of the director, all applicants shall have complied with the following. 1. Shall deposit filing fee of $100 for Class A1; $50 for Class A3; and $25 for all others. This fee shall accompany application. 2. Formal application for a…

A. Compliance with all other applicable rules and regulations is a mandatory requirement for all permit holders. 1. The commission may assess a civil penalty of not less than $100 nor more than $1000 for each violation of the rules and regulations adopted by the commission. Civil…

A. Any person, firm or corporation who has made application for a permit to enter the anhydrous ammonia business and whose request for permit has been denied, may re-submit an application 90 days after date of denial.

A. The commission shall issue upon application the following classes of permits. 1. Class A1. Holders of these permits may enter any phase of the anhydrous ammonia business. a. Shall file formal application for a permit with the commission. These applications for permits shall be…

A. Dealers shall comply with R.S. 3:1355 and the rules and regulations of the commission in order to obtain a permit and to avoid cancellation of said permit.

A. After 15 days notice to appear before the commission for purposes of a trial and said trial is held, the commission may impose a fine in lieu of cancellation of permit.

A. All permits or registrations shall expire at midnight on the date of their expiration. B. All permits or registrations renewed after their expiration date shall have an administrative penalty of 5 percent of the permit or registration fee due added for each month or fraction t…

A. All service and installation personnel, anhydrous ammonia transfer personnel, and tank truck drivers shall have a card of competency from the office of the director. Where new persons are employed, they shall not be placed in charge of making installations, servicing equipment…

A. Any accident involving anhydrous ammonia or the transportation of anhydrous ammonia which causes injury to employees, property damage, injury to other persons, a fire or an accidental release of anhydrous ammonia that is reportable under the Louisiana Right-To-Know Law shall b…

A. Insurance requirements for an individual firm or corporation having a permit shall be the same as required of a new dealer.

A. Compliance with all other applicable rules and regulations is a mandatory requirement for all permit holders.

A. Any anhydrous ammonia storage container corroded, pitted or worn to 20 percent of the thickness of the head, shell plate, or stand pipe shall be condemned for further storage of anhydrous ammonia, provided the shell thickness is not less than 3/16 inch.

A. A dealer shall not serve any anhydrous ammonia system which the dealer knows is not installed pursuant to the commission regulations or is in a dangerous condition. All new installations or reinstallations shall be checked by the dealer for tightness of lines, poor workmanship…

A. Each dealer shall transmit a notice once each year to each customer stating that anhydrous ammonia systems are potentially dangerous, that a leak in the system could result in an injury and that systems should be inspected periodically.