2006 Louisiana Laws - RS 22:1358 — Procedure

§1358.  Procedure

A.  The commissioner of insurance, or any insurance department employee designated by him for the purpose, shall preside at the hearing and shall keep a true and concise record of the proceedings thereat.  Formal rules of pleading or evidence need not be observed at the hearing.  

B.  In the conduct of any hearing provided for by this Code, the commissioner of insurance or other employee designated by him for that purpose, shall have power to compel the attendance of any person by subpoena, to administer oaths and to examine any person under oath concerning the business, conduct, or affairs of any company 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 the inquiry.  In all cases where witnesses are subpoenaed to attend any hearing under this section, they shall be notified by a summons issued and signed by the commissioner of insurance, or the insurance department employee designated to conduct such hearing, and mailed to them by registered mail, or which shall be served upon them when deemed necessary, by the sheriff of the parish where they reside or where they may be found, the same as in cases of service of a notice to a witness in a civil proceeding.  

(1)  If a person subpoenaed to attend such hearing 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 $100.00 nor more than $2,000.00 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.  

(2)  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.  

(3)  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.  In such case, the insurance department, in its discretion, may require a deposit to cover the cost of such service and witness fees.  

C.  At the expense of and at the written request reasonably made by any person affected by the hearing, the commissioner of insurance or the person designated by him to hold the hearing, shall cause a full stenographic record of the proceedings to be made by a competent stenographic reporter and if transcribed, such records shall be made a part of the record of the commissioner of insurance of the hearing.  

D.  The commissioner of insurance, or such person conducting the hearing, shall allow any person affected by the hearing to be present during the giving of all testimony and shall allow him a reasonable opportunity to inspect all documentary evidence, to examine witnesses, and to present evidence in support of his interests.  Upon good cause shown, the officer conducting the hearing may permit any person to intervene, appear, and be heard at the hearing.  

E.  Any person heard shall make full disclosure of facts pertinent to the subject of inquiry as requested by the person holding the hearing or by any person affected by the hearing.  

Acts 1958, No. 125.  Amended by Acts 1964, No. 153, §1.