§42. Public records; forms and methods; electronic signatures and filings; timely filing of
papers
A.Notwithstanding any other provision of law to the contrary, any public record
maintained by the commissioner of insurance may be kept in any written, photographic,
microfilm, or other similar form or method, or may be kept by any magnetic, electronic,
optical, or similar form of data compilation which is approved for such use in a rule
promulgated by the commissioner. No such magnetic, electronic, optical, or similar form of
data compilation shall be approved unless it provides reasonable safeguards against erasure
or alteration.
B.The commissioner may, at his discretion, cause any public record maintained by
him or any part thereof to be microfilmed, or otherwise reproduced, in order to
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§42. Public records; forms and methods; electronic signatures and filings; timely filing of
papers
A. Notwithstanding any other provision of law to the contrary, any public record
maintained by the commissioner of insurance may be kept in any written, photographic,
microfilm, or other similar form or method, or may be kept by any magnetic, electronic,
optical, or similar form of data compilation which is approved for such use in a rule
promulgated by the commissioner. No such magnetic, electronic, optical, or similar form of
data compilation shall be approved unless it provides reasonable safeguards against erasure
or alteration.
B. The commissioner may, at his discretion, cause any public record maintained by
him or any part thereof to be microfilmed, or otherwise reproduced, in order to accomplish
efficient storage and preservation of such records.
C. A certified copy of a public record maintained by the commissioner shall be
deemed to be an original for all purposes and shall be admissible in evidence in all courts or
administrative agencies as if it were the original.
D. Subject to such guidelines and limitations as may be promulgated by the
commissioner, electronic signatures are hereby authorized.
E. The commissioner shall promulgate rules to regulate the use of electronic
signatures. Such rules may include limitations upon which documents may be signed
electronically.
F. The commissioner may permit or require the electronic filing of any rate, form,
application for any license or registration, or any other filings, along with any accompanying
supplementary rate information or supporting information.
G. If the commissioner permits or requires electronic filings pursuant to Subsection
F of this Section, the commissioner shall arrange for payment of filing fees by electronic
funds transfer.
H. The time for acting on filings made electronically shall be the same as the time
for acting on filings made in writing. Filings made electronically shall be considered
received by the commissioner when received in the electronic data processing system used
by the commissioner to review filings, unless received on a weekend or legal holiday, in
which case filings are deemed received on the next business day. Communications from the
commissioner to persons making filings electronically shall be considered received by that
person when the communication is sent to the person making the filing.
I. Grounds for approval, disapproval, or withdrawal of approval for filings made
electronically shall be the same grounds for these actions as to filings made in writing, except
that the commissioner may waive filing requirements relating to filings made in writing, such
as requirements for original signatures or the number of copies, and the commissioner may
disapprove or withdraw approval of a filing if it does not comply with the commissioner's
requirements for electronic filings.
J. Filings made electronically shall be subject to the law of this state relating to
inspection of public records pursuant to the Public Records Act, Title 44 of the Louisiana
Revised Statutes of 1950, or any other applicable law.
K. The commissioner may promulgate rules and regulations which the commissioner
deems necessary for the administration of electronic filings.
L. Notwithstanding any other law to the contrary, the filing of papers, including but
not limited to applications, forms, reports, returns, statements, and filings of any kind with
the commissioner subject to the exceptions and provisions in Subsections A through K of
this Section shall not be subject to the provisions of R.S. 1:60 but shall be subject to other
relevant provisions of law or rules or regulations of the commissioner.