Louisiana Revised Statutes 22:1808.5 – Nonresident licensing
Terms Used In Louisiana Revised Statutes 22:1808.5
- 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.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- 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.
- Service of process: The service of writs or summonses to the appropriate party.
A. Unless denied licensure pursuant to La. Rev. Stat. 22:1808.8, a nonresident person shall receive a nonresident consultant license if:
(1) The person is currently licensed as a resident for an equivalent license and in good standing in his home state.
(2) The person has submitted the proper request for licensure and has paid the fees required by La. Rev. Stat. 22:821.
(3) The person has submitted or transmitted to the commissioner of insurance the application for licensure that the person submitted to his home state.
(4) The person’s home state awards nonresident consultant licenses to residents of this state on the same basis.
B.(1) The commissioner of insurance may verify the consultant’s licensing status through the consultant database maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries.
(2) Whenever, by the laws or regulations of any other state or jurisdiction, any limitation of rights and privileges, conditions precedent, or any other requirements are imposed upon residents of this state who are nonresident applicants or licensees of such other state or jurisdiction in addition to, or in excess of, those imposed on nonresidents pursuant to this Part, the same requirements shall be imposed upon such residents of such other state or jurisdiction.
(3)(a) The commissioner of insurance shall not issue a license to any nonresident applicant until such applicant has filed forms approved by the commissioner which designate the commissioner as his true and lawful agent, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of any interested person arising out of the applicant’s insurance business in this state. The designation shall constitute an agreement that such service of process has the same legal force and validity as personal service of process upon the person in the state.
(b) The service of process upon any such licensee in any action or proceeding in any court of competent jurisdiction may be made by a party serving the commissioner of insurance with appropriate copies thereof and the payment to him of the fee authorized by La. Rev. Stat. 22:821.
(c) The commissioner of insurance shall, within ten days of being served, forward a copy of such process by registered or certified mail, return receipt requested, to the licensee at his last known address of record or principal place of business, and the commissioner shall maintain copies of all such processes so served upon him.
(4) The service of process upon any such licensee in any action or proceeding instituted by the commissioner of insurance pursuant to this Part shall be made by the commissioner by mailing such process by registered or certified mail, return receipt requested, to the licensee at his last known address of record or principal place of business.
C. A nonresident consultant who moves from one state to another state or a resident consultant who moves from this state to another state shall file a change of address and provide certification from the new resident state within thirty days of the change of legal residence. No fee or license application is required.
Acts 2016, No. 312, §1.