Louisiana Revised Statutes 22:1808.3 – Application for license
Terms Used In Louisiana Revised Statutes 22:1808.3
- business of insurance: means the writing of insurance or the reinsuring of risks by an insurance consultant or insurer, including all acts necessary or incidental to such writing or reinsuring, and the activities of persons who act as, or are, officers, directors, agents, or employees of consultants or insurers, or who are other persons authorized to act on behalf of such persons. See Louisiana Revised Statutes 22:1808.8
- Contract: A legal written agreement that becomes binding when signed.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
A. A person applying for a resident insurance consultant license shall apply to the commissioner of insurance on the application promulgated by the Department of Insurance and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual’s knowledge and belief. Before approving the application, the commissioner shall find that the individual:
(1) Is at least eighteen years of age.
(2) Resides in the state or maintains his principal place of business in the state.
(3) Is not disqualified for having committed any act that is a ground for denial, suspension, or revocation as set forth in La. Rev. Stat. 22:1808.8.
(4) Repealed by Acts 2022, No. 273, §2, eff. June 3, 2022.
(5) Has paid the fees set forth in La. Rev. Stat. 22:821.
(6) Has successfully passed the examinations for the lines of authority for which the person has applied.
(7) When applicable, has the written consent of the commissioner of insurance pursuant to 18 U.S.C. § 1033, or any successor statute regulating crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.
B.(1)(a) A business entity acting as an insurance consultant is required to obtain an insurance consultant license. Every member, partner, officer, director, stockholder, and employee of the business entity personally engaged in this state in insurance consulting shall be registered with the Department of Insurance under such business entity’s license, and each such member, partner, officer, director, stockholder, or employee shall also qualify as an individual licensee for any line of insurance consulting the business entity is licensed to transact. Licensing of any limited liability company or limited liability partnership as an insurance consultant is subject to prior approval of the commissioner of insurance.
(b) The business entity licensee shall notify the commissioner of insurance within thirty days of any change of status of an individual who is registered under the business entity license.
(c) Any business entity operating at more than one location shall notify the commissioner of insurance of each permanent branch location address within thirty days from the date of the opening of the new location. There shall be at least one individual licensed insurance consultant registered with the Department of Insurance for each branch location.
(d) Any business entity which fails to comply with this Subsection shall be subjected to a fine of one hundred dollars for each violation. Any entity against which a fine has been levied shall be given due notice of such action. Upon receipt of this notice, the entity may apply for and shall be entitled to a hearing in accordance with Chapter 12 of this Title, La. Rev. Stat. 22:2191 et seq.
(2) Application shall be made using the application promulgated by the Department of Insurance. Before approving the application, the commissioner of insurance shall find that:
(a) The business entity has paid the fees set forth in La. Rev. Stat. 22:821.
(b) The business entity has designated one or more licensed individual consultants responsible for the business entity’s compliance with the insurance laws, rules, and regulations of this state.
(3) When completing the background information portion of the application pertaining to the disclosure of certain lawsuits or arbitration proceedings, corporations, banks, partnerships, and directors shall disclose those proceedings occurring within the past five years which are considered to be material under generally accepted accounting principles for purposes of financial statement disclosure.
C.(1) The commissioner of insurance may require any documents deemed necessary to verify the information contained in an application.
(2)(a) In order to make a determination of license eligibility, the commissioner of insurance shall require a full set of fingerprints from each applicant and shall submit the fingerprints and the fees required to perform the criminal history record checks to the Louisiana Bureau of Criminal Identification and Information for state and national criminal history record checks.
(b) The commissioner of insurance may contract for the collection, transmission, and re-submission of fingerprints required pursuant to this Part. If the commissioner of insurance does so, the fee for collecting and transmitting fingerprints and the fee for the criminal history record check shall be payable directly to the contractor by the applicant. The commissioner of insurance may agree to a reasonable fingerprinting fee to be charged by the contractor.
(c)(i) The commissioner of insurance shall treat and maintain an applicant’s fingerprints and any criminal history record information obtained pursuant to this Part as confidential and shall apply security measures consistent with the Criminal Justice Information Services Division of the Federal Bureau of Investigation standards for the electronic storage of fingerprints and necessary identifying information and limit the use of records solely to the purposes authorized in this Part.
(ii) The fingerprints and any criminal history record information shall be exempt from the Public Records Law, La. Rev. Stat. 44:1 et seq., shall not be subject to subpoena, other than a subpoena issued in a criminal proceeding or investigation, shall be confidential by law and privileged, and shall not be subject to discovery or admissible in evidence in any private civil action.
D. Any license issued pursuant to an application claiming residency, as defined in La. Rev. Stat. 22:46, shall constitute an election of residency in the state, and shall be void if the licensee while maintaining a resident license also maintains a license in, or thereafter submits an application for a license in, any other state or other jurisdiction stating that the applicant is a resident of such other state or jurisdiction, or if the licensee ceases to be a resident of this state.
Acts 2016, No. 312, §1; Acts 2022, No. 273, §2, eff. June 3, 2022.