§1921. Purpose and powers
A.The purpose of this Part is to create within the Department of Insurance an office
of insurance fraud. This office shall be charged with the responsibility, when directed by the
commissioner of insurance, to conduct investigations and background criminal checks on
each applicant for a license or certificate of authority to transact a business of insurance. The
office of insurance fraud shall be governed by the provisions of this Part including the
powers and duties relating to the investigation and prevention of administrative or civil
violations of the insurance laws of this state.
B.In the event the applicant is a corporation, partnership, or other legal entity, the
investigations and criminal background checks shall be limited to those individuals who are
d
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§1921. Purpose and powers
A. The purpose of this Part is to create within the Department of Insurance an office
of insurance fraud. This office shall be charged with the responsibility, when directed by the
commissioner of insurance, to conduct investigations and background criminal checks on
each applicant for a license or certificate of authority to transact a business of insurance. The
office of insurance fraud shall be governed by the provisions of this Part including the
powers and duties relating to the investigation and prevention of administrative or civil
violations of the insurance laws of this state.
B. In the event the applicant is a corporation, partnership, or other legal entity, the
investigations and criminal background checks shall be limited to those individuals who are
directors, officers, employees, or individuals who exercise control, as defined in R.S.
22:691.2(3), of the entity. After the receipt of a license or certificate of authority, an
individual who intends to succeed to a position subject to this Subsection or to control, as
defined in R.S. 22:691.2(3), the entity shall undergo an investigation and criminal
background check.
C. If the office has reason to believe, whether acting on its own initiative or as a
result of complaints, that a person has engaged in, or is engaging in, an act or practice that
violates this Part or any other provision of this Code, it may examine and investigate the
affairs of such person and may administer oaths and affirmations, serve subpoenas ordering
the attendance of witnesses, and collect evidence.
D. If during the course of investigation, the office of insurance fraud determines that
there may be a violation of criminal law, the office shall turn the matter over to the
Department of Justice; the Department of Public Safety and Corrections, public safety
services, office of state police; and any other appropriate law enforcement or prosecutorial
agency, for further investigation, enforcement, or prosecution.
NOTE: Former R.S. 22:1921 redesignated as R.S. 22:31 by Acts 2008, No.
415, §1, eff. Jan. 1, 2009.
Acts 1992, No. 707, §2; Acts 1994, 3rd Ex. Sess., No. 50, §2; Acts 1999, No. 1312,
§2, eff. Jan. 1, 2000; Acts 2004, No. 826, §1; Redesignated from R.S. 22:1241 by Acts 2008,
No. 415, §1, eff. Jan. 1, 2009; Acts 2012, No. 192, §1; Acts 2012, No. 271, §1; Acts 2013,
No. 217, §1; Acts 2015, No. 162, §1, eff. June 23, 2015; Acts 2022, No. 159, §1, eff. May
25, 2022.