§ 22:1808.3 — Application for license

Louisiana § 22:1808.3

• Jurisdiction: Louisiana
• Title 22: Insurance

Text

§1808.3. Application for license
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 R.S. 22:1808.8.
(4) Repealed by Acts 2022, No. 273, §2, eff. June 3, 2022.
(5) Has paid the fees set forth in R.S. 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, R.S.
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 R.S. 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, R.S. 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
R.S. 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.

Legislative History

Acts 2016, No. 312, §1; Acts 2022, No. 273, §2, eff. June 3, 2022.