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Terms Used In Louisiana Revised Statutes 22:737

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.

A.  All expenses incurred by the commissioner in conducting an administrative supervision shall be paid by the insurer being supervised.  An insurer may contest the reasonableness of the amount of the expenses billed to it by applying to a court of competent jurisdiction for a rule to test the reasonableness of the billing.  The rule shall be tried by preference and, if appealed, shall be given preference in the appellate court as may be provided for suits against the state.

B.  If a supervised insurer does not contest the reasonableness of the billing and fails to pay the expenses of the examination within thirty days after the receipt of the billing or within fifteen days after the date that a final judgment was rendered when a rule had been issued pursuant to Subsection A of this Section, the commissioner may file a lien against any of the assets of the supervised insurer located within the state until the amount of the lien is paid in full.

C.  The commissioner may issue such rules, regulations, or orders as are necessary to carry out and implement the provisions of this Subpart pursuant to the Administrative Procedure Act.

Acts 1992, No. 437, §1; Acts 1999, No. 1304, §1, eff. July 12, 1999; Redesignated from La. Rev. Stat. 22:774 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

NOTE:  Former La. Rev. Stat. 22:737 redesignated as La. Rev. Stat. 22:2010 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.