§ 22:2198 — Procedure and subpoena power of commissioner

§2198. Procedure and subpoena power of commissioner
A.(1) Upon receipt of information, evidence, or other reason to believe that a person
or entity may be in possession, custody, or control of any documentary or nondocumentary
information relevant to an investigation for a possible violation of any provision of Chapter
7 of this Title, or violation of any prohibitory insurance law in this state, the commissioner
or other employee designated by him for that purpose may issue and serve a subpoena
compelling the attendance of the person or entity at a hearing or investigation proceeding.
(2) The commissioner may subpoena, administer oaths, and examine any person
under oath concerning the business, conduct, or affairs of any company, entity, or persons
subject to the provisions of this Code, and in connection therewith to require the production
of any books, records, or papers relative to a hearing, inquiry, or investigation.
(3) The commissioner shall serve subpoenas provided for in this Section in the same
manner as if issued by a district court.
B. If a person subpoenaed to attend such hearing, proceeding, or investigation fails
to obey the command of the subpoena without reasonable excuse, or if a person in attendance
upon such inquiry shall without reasonable cause, refuse to be sworn or to be examined or
to answer a question or to produce a book or paper when ordered to do so by the person
conducting such hearing, or if any person fails to perform any act required hereunder to be
performed, he shall be required to pay a penalty of not less than one hundred dollars nor
more than two thousand dollars at the discretion of the court, to be recovered in the name of
the people of the state of Louisiana by the district attorney of the parish in which the
violation occurs, and the penalty so recovered, less costs of court and expenses of the district
attorney to be fixed by the court, shall be paid to the office of the commissioner of insurance.
C. When any person neglects or refuses without reasonable cause to obey a subpoena
issued by the commissioner of insurance, or refuses without reasonable cause to testify, or
to be sworn or to produce any book or paper described in the subpoena, the commissioner
may file a petition against such person in the district court of the parish in which the
testimony is desired to be or has been taken or has been attempted to be taken, briefly setting
forth the fact of such refusal or neglect and attaching a copy of the subpoena and the return
of service thereon and applying for an order requiring such person to attend, testify, or
produce the books or papers before the commissioner or the employee designated by him to
hold a hearing, at such time or place as may be specified in such order. Such court, either
during the term of court or vacation, upon filing of such petition, either before or after notice
to such person, may, in the judicial discretion of such court, order the attendance of such
person, the production of books and papers, and the giving of testimony before the
commissioner or the person designated by him to conduct a hearing. If such person shall fail
or refuse to obey the order of the court and it shall appear to the court that the failure or
refusal of such person to obey its order is willful, and without lawful excuse, the court shall
punish such person by fine or imprisonment in the parish jail, or both, as the nature of the
case may require, as is now, or as may hereafter be lawful for the court to do in cases of
contempt of court.
D. The fees of witnesses for attendance and travel shall be the same as the fees of
witnesses before the parish courts of this state. When a witness is subpoenaed by, or testifies
at the instance of the commissioner or other person designated by him, such fees shall be
paid in the same manner as other expenses of the insurance department. When a witness is
subpoenaed or testifies at the instance of any other party to such hearing, the cost of the
subpoena, subpoena duces tecum and the fee of the witness shall be borne by the party at
whose instance the witness is summoned.

Legislative History

Acts 1958, No. 125. Amended by Acts 1964, No. 153, §1; Redesignated from R.S. 22:1358 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 317, §1; Acts 2024, No. 389, §1.