§ 22:1461 — Board of review; membership; authority

§1461. Board of review; membership; authority
A. A board of review shall be established within the Department of Insurance to
review public fire protection grading issued by the Property Insurance Association of
Louisiana when a request for review is properly submitted. The board of review shall be
composed of the following membership, each member to be chosen by the specified
organization from its membership, unless otherwise indicated:
(1) One member from the Louisiana Fire Chiefs Association.
(2) One member from the Louisiana Municipal Association.
(3) One member from the American Water Works Association, Southwest Section,
who shall be a Louisiana member with experience in public fire protection.
(4) One member from the Louisiana Association of Public Safety Communications
Officers.
(5) One member who is an employee of the Louisiana Department of Insurance
chosen by the commissioner of insurance.
B. A member of the board shall be elected by its membership as chairman for a term
of one year.
C.(1) The initial member from the Louisiana Fire Chiefs Association and the initial
member from the Louisiana Municipal Association shall each serve a term of three years; the
initial member from the American Water Works Association, Southwest Section, shall serve
a term of two years; and the initial member from the Louisiana Association of Public Safety
Communications Officers shall serve a term of one year. Thereafter, such members shall
serve a term of four years and no member shall serve more than two successive four-year
terms.
(2) The member chosen by the commissioner of insurance shall serve a term
concurrent with that of the commissioner making the appointment.
(3) If a member is unable to serve after being chosen by an organization, then another
member from that organization shall be chosen after written notice of the vacancy and the
reason for such vacancy is given to the other members of the board and the commissioner of
insurance. The organization shall notify all members of the board and the commissioner of
insurance of the new appointment.
D. Three members of the board shall constitute a quorum. No board member shall
act in any case in which he has a personal pecuniary interest.
E. All decisions of the board shall include written reasons for the decisions. The
vote of each member participating shall be recorded. The chairman shall only vote in the
event of a tie.
F. The board shall establish rules and regulations for its own procedures not
inconsistent with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq.
The board shall meet as determined by the chairman, but in any event, the board shall meet
within ninety days after a proper request for review has been received. The board shall issue
a decision within a period of ninety days after the board meets on such matter. The board
shall meet in the public fire protection area for which a request for review has been filed.
G. The board of review shall have the authority to suspend a detrimental change in
a public fire protection classification from the date a proper request for review is received
until appropriate action is completed after a written decision has been issued. Upon
completion of a hearing and review, the board shall instruct the Property Insurance
Association of Louisiana to either reevaluate the public fire protection grading in accordance
with its decision or impose the original public fire protection grading.
NOTE: Former R.S. 22:1461 redesignated as R.S. 22:70 by Acts 2008, No.
415, §1, eff. Jan. 1, 2009.

Legislative History

Acts 2006, No. 809, §1; Redesignated from R.S. 22:1405.1 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.