This text of Louisiana § 22:462 (Examination by commissioner) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§462. Examination by commissioner
A.The commissioner of insurance shall make an annual examination of each self-insurer for the initial three-year period during which the self-insurer transacts business in this
state. Thereinafter, the commissioner shall make an examination of each self-insurer at least
once every five years, unless the commissioner, in his discretion, determines that the
financial condition or operations of the self-insurer warrant more frequent examinations.
B.All expenses incurred by the commissioner in conducting the examination shall
be paid by the self-insurer examined. A self-insurer may contest the reasonableness of the
amount of the expenses billed to it by applying to a court of competent jurisdiction for a rule
to test the reasonableness of the billing. The ru
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§462. Examination by commissioner
A. The commissioner of insurance shall make an annual examination of each self-insurer for the initial three-year period during which the self-insurer transacts business in this
state. Thereinafter, the commissioner shall make an examination of each self-insurer at least
once every five years, unless the commissioner, in his discretion, determines that the
financial condition or operations of the self-insurer warrant more frequent examinations.
B. All expenses incurred by the commissioner in conducting the examination shall
be paid by the self-insurer examined. A self-insurer may contest the reasonableness of the
amount of the expenses billed to it by applying to a court of competent jurisdiction for a rule
to test the reasonableness of the billing. The rule shall be tried by preference and, if
appealed, shall be given preference in the appellate court as may be provided for suits against
the state.
C. If a self-insurer does not contest the reasonableness of the billing and fails to pay
the expenses of the examination within thirty days after the receipt of the billing or within
fifteen days after the date that a final judgment was rendered when a rule had been issued
pursuant to Subsection B of this Section, the commissioner may file a lien against any of the
assets of the self-insurer located within the state until the amount of the lien is paid in full.
D. The commissioner shall employ such personnel as is necessary to conduct the
examination and to compile the report thereon.
E. In conducting an examination of a self-insurer, the commissioner shall have
access to all records of the self-insurer and those pertaining to the self-insurance plan of the
self-insurer. All such records and the officers, employees, and representatives of the self-insurer shall be made available to the commissioner.
F. If the self-insurer fails to make the records or personnel available as provided in
Subsection E, the commissioner may petition any court of competent jurisdiction to subpoena
witnesses or documentary evidence. The commissioner shall have the power to administer
oaths and examine under oath any person relative to the insurance affairs of the self-insured
being examined. Any person who testifies falsely or makes a false affidavit during the
course of such an examination shall be guilty of perjury.
G. The commissioner shall make a certified report of his findings and a copy shall
be furnished to the self-insurer pursuant to the provisions in R.S. 22:1983.
H. In lieu of an examination under this Section of any foreign self-insurer licensed
in this state, the commissioner may accept an examination report on the self-insurer as
prepared by the department for the self-insurer's state of domicile if the insurance department
was, at the time of the examination, accredited under the National Association of Insurance
Commissioners' Financial Regulation Standards and Accreditation Program and the
examination is performed under the supervision of an accredited state insurance department,
or with the participation of one or more examiners who are employed by that accredited state
insurance department, and who, after a review of the examination workpapers and report,
state under oath that the examination was performed in a manner consistent with the
standards and procedures required by their state insurance department.