Terms Used In Louisiana Revised Statutes > Title 22 > Chapter 5 > Part I - Producers

• Activities: means marketing, promotions, sales efforts, events, and any other services that are reasonably related to the enhancement of tourism. See Louisiana Revised Statutes 33:4600.3
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appointed official: means a person holding an appointive position or office with any department, board, commission, or agency of the state, or of any political subdivision or municipal corporation, when the office or position is established by the constitution or laws of this state. See Louisiana Revised Statutes 29:403
• Appraisal: A determination of property value.
• Assessed business: means a business operated by a business owner who is required to pay an assessment pursuant to this Chapter. See Louisiana Revised Statutes 33:4600.3
• Assessment: means the levy imposed pursuant to this Chapter. See Louisiana Revised Statutes 33:4600.3
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bail enforcement: means the apprehension or surrender of a person who is released on bail or who has failed to appear at any stage of the proceedings to answer the charge before the court in which he may be prosecuted. See Louisiana Revised Statutes 22:1582
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Business: means any type of tourism business, including but not limited to any tourist home, hotel, motel, or trailer court accommodations, recreational vehicle park, privately owned or managed campgrounds, other lodging intended for short-term occupancy, restaurant, tourism attraction, activity provider, and other tourism businesses that benefit from the visitor economy. See Louisiana Revised Statutes 33:4600.3
• Business entity: shall mean a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. See Louisiana Revised Statutes 22:1542
• Business owner: means any person recognized by the tourist commissioners as the owner of the business subject to assessment. See Louisiana Revised Statutes 33:4600.3
• Child: means a person who has not reached age eighteen or otherwise been legally emancipated. See Louisiana Revised Statutes 17:407.33
• Child: means a person who has not reached the age of eighteen years. See Louisiana Revised Statutes 17:407.62
• Child and Adult Care Food Program: means the federal nutrition reimbursement program as funded by the United States Department of Agriculture through the state Department of Education. See Louisiana Revised Statutes 17:407.62
• Child Care and Development Fund: means the child care programs funded through the federal Child Care and Development Fund Block Grant Act and administered by the state Department of Education. See Louisiana Revised Statutes 17:407.62
• Child day care center: means any place or facility operated by any institution, political subdivision, society, agency, corporation, person or persons, or any other group for the purpose of providing care, supervision, and guidance of seven or more children, not including those related to the caregiver, unaccompanied by parent or legal custodian, on a regular basis for at least twelve and one-half hours in a continuous seven-day week. See Louisiana Revised Statutes 17:407.33
• Commission: shall mean a fee paid to an insurance producer as a percentage of the premium generated by a sold insurance policy, or direct compensation or reward of a producer when the same is calculated as a flat fee or as a percentage of the premium or on the profit to the principal. See Louisiana Revised Statutes 22:1542
• Compensation: means normal or regular base pay, but does not include overtime, per diem, differential pay, or any other allowance for other expense. See Louisiana Revised Statutes 29:403
• Coverage area: means the parish, parishes, or other geographical area within the jurisdiction of a local early learning enrollment coordinator. See Louisiana Revised Statutes 17:407.91
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.33
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.62
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.82
• Department: means the state Department of Education. See Louisiana Revised Statutes 17:407.91
• Disability: means a physical or mental impairment, which substantially limits one or more of the major life activities, or a record of such impairment. See Louisiana Revised Statutes 29:403
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Donor: The person who makes a gift.
• Early learning center: means any child day care center, Early Head Start Center, Head Start Center, or stand-alone prekindergarten program not attached to a school. See Louisiana Revised Statutes 17:407.33
• Early learning staff: means a person employed as a full-time staff member in a licensed early learning center or a registered family child day care home. See Louisiana Revised Statutes 17:407.82
• Employee: means any person employed by any private or public employer. See Louisiana Revised Statutes 29:403
• Employment: means a position as an employee with any private or public employer. See Louisiana Revised Statutes 29:403
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Executor: A male person named in a will to carry out the decedent
• expansion project: means a project or projects for the acquisition, construction, installation, and equipping of additions or improvements to the Ernest N. See Louisiana Revised Statutes 33:4710.24
• Family child care provider: means an individual who provides child care services for fewer than twenty-four hours per day per child, as the sole caregiver, for six or fewer children, in a private residence. See Louisiana Revised Statutes 17:407.62
• Fiduciary: A trustee, executor, or administrator.
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• food service establishment: has the meaning set forth in Louisiana Revised Statutes 33:4710.24
• Fraud: Intentional deception resulting in injury to another.
• Grantor: The person who establishes a trust and places property into it.
• Home state: shall mean the District of Columbia or any state or territory of the United States in which an insurance producer maintains a principal place of residence or principal place of business and is licensed to act as an insurance producer. See Louisiana Revised Statutes 22:1542
• hotel: as used in this Chapter means and includes any establishment that is engaged in the business of furnishing or providing rooms intended or designed for dwelling, lodging, or sleeping purposes to transient guests and that consists of ten or more guest rooms. See Louisiana Revised Statutes 33:4710.15
• Improvement: means the acquisition, construction, installation, or maintenance of any corporeal property with an estimated useful life of five years or more that is reasonably related to the enhancement of tourism. See Louisiana Revised Statutes 33:4600.3
• In-home provider: means an individual who provides child care services in the child or children's own home. See Louisiana Revised Statutes 17:407.62
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Insurance: shall mean any of the lines of authority as specified in Louisiana Revised Statutes 22:1542
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Legatee: A beneficiary of a decedent
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: shall mean a document issued by this state's commissioner of insurance authorizing a person to act as an insurance producer for the lines of authority specified in the document. See Louisiana Revised Statutes 22:1542
• License type: means the type of license applied for or held, which shall include Type I, Type II, and Type III. See Louisiana Revised Statutes 17:407.33
• Limited line credit insurance: includes credit life, as defined in Louisiana Revised Statutes 22:1542
• Limited line credit insurance producer: shall mean an insurance producer who sells, solicits, or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, group, or individual policy. See Louisiana Revised Statutes 22:1542
• Limited lines producer: shall mean an insurance producer authorized by the commissioner of insurance to sell, solicit, or negotiate limited lines insurance. See Louisiana Revised Statutes 22:1542
• Local early learning enrollment coordinator: means an approved entity that conducts a process for informing families about publicly funded and Type III licensed early childhood care and education programs in the coverage area; collects family preferences; develops and uses a common application process; annually determines demand for publicly funded early childhood care and education within the coverage area; and makes recommendations to the department for the distribution of available publicly funded early childhood care and education slots for children who are economically disadvantaged as defined by the state board within its coverage area. See Louisiana Revised Statutes 17:407.91
• Management plan: means a plan adopted or amended pursuant to this Chapter for the development, redevelopment, maintenance, operation, and promotion of a tourism recovery and improvement district. See Louisiana Revised Statutes 33:4600.3
• NAIC: shall mean the National Association of Insurance Commissioners or its successor. See Louisiana Revised Statutes 22:1542
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Negotiate: shall mean to confer directly with or to offer advice directly to a purchaser, certificate holder, or enrollee, or prospective purchaser, certificate holder, or enrollee, of a particular contract of insurance, including certificates, riders, endorsements, or amendments, concerning any of the benefits, terms, or conditions of the contract if the person engaged in that act is an insurance producer who either sells insurance or obtains insurance from insurers for purchasers, certificate holders, or enrollees. See Louisiana Revised Statutes 22:1542
• Office: means the office of state fire marshal. See Louisiana Revised Statutes 17:407.62
• Person: means an individual, public entity, firm, corporation, partnership, limited liability company, trust, association, or any other business entity or juridical person, whether operating on a for-profit or nonprofit basis. See Louisiana Revised Statutes 33:4600.3
• Person: as used in this Chapter shall have the same definition as that contained in Louisiana Revised Statutes 33:4710.15
• Person: shall mean any natural or artificial legal entity including but not limited to individuals, partnerships, associations, trusts, or corporations. See Louisiana Revised Statutes 22:1542
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• producer: shall mean a person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance, and includes all persons or business entities otherwise referred to in this Code as "insurance agent" or "agent" or "insurance broker" or "broker" or "insurance solicitor" or "solicitor" or "surplus lines broker". See Louisiana Revised Statutes 22:1542
• projects: means one or more of any combination of convention, exhibition, and tourist facilities, including a convention center hotel with a multi-story parking garage and bridge connecting the hotel and the south end of the convention center, the "Convention Center Headquarters Hotel Project" and the necessary land, acquired by lease or purchase, site improvements, infrastructure, furnishings, machinery, equipment, and appurtenances for any such facility. See Louisiana Revised Statutes 33:4710.11
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• related: means the child, grandchild, niece, or nephew of the primary child care provider of a family child care provider or in-home provider. See Louisiana Revised Statutes 17:407.62
• relative: means a natural or adopted child or grandchild of the caregiver or a child in the legal custody of the caregiver. See Louisiana Revised Statutes 17:407.33
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Sell: shall mean to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer. See Louisiana Revised Statutes 22:1542
• Service in the uniformed services: means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty. See Louisiana Revised Statutes 29:403
• Service of process: The service of writs or summonses to the appropriate party.
• Solicit: shall mean to attempt to sell insurance or to ask or urge a person to apply for a particular kind of insurance from a particular insurer. See Louisiana Revised Statutes 22:1542
• Sponsoring organization: means a public or nonprofit private organization that is recognized by the department and that is entirely responsible for the administration of the Child and Adult Care Food Program for a provider. See Louisiana Revised Statutes 17:407.62
• State board: means the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 17:407.91
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Surcharge: means any charge to the consumer that is required to be paid for goods and services that is passed through to the consumer as a charge on the customer's receipt or guest folio. See Louisiana Revised Statutes 33:4600.3
• Surplus lines broker: shall mean an insurance producer who solicits, negotiates, or procures a policy with a surplus lines insurer. See Louisiana Revised Statutes 22:1542
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Terminate: shall mean to cancel the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance. See Louisiana Revised Statutes 22:1542
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Tourist commission: means a political subdivision created pursuant to Louisiana Revised Statutes 33:4600.3
• Tourist commissioners: means the members of the governing body of a tourist commission. See Louisiana Revised Statutes 33:4600.3
• Travel insurance: shall mean that line of insurance defined in Louisiana Revised Statutes 22:1542
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Uniform application: shall mean the current version of the NAIC Uniform Application for resident and nonresident producer licensing. See Louisiana Revised Statutes 22:1542
• Uniform Business Entity Application: shall mean the current version of the NAIC Uniform Business Entity Application for resident and nonresident business entities. See Louisiana Revised Statutes 22:1542
• Uniformed services: means the armed forces of the United States as defined by Louisiana Revised Statutes 29:403
• Venue: The geographical location in which a case is tried.