2011 Louisiana Laws
Revised Statutes
TITLE 22 — Insurance
RS 22:1921 — Purpose and powers

PART II. INSURANCE FRAUD

§1921. Purpose and powers

A. The purpose of this Part is to create within the Department of Insurance a section of insurance fraud. This section shall be charged with the responsibility, when requested by the commissioner of insurance, to conduct investigations and background criminal checks on all applicants for a license or certificate of authority to transact a business of insurance.

B. In the event the applicant is a corporation, partnership, or other legal entity, the criminal searches shall be limited to those individuals who are directors, officers, employees, or individuals who own or control at least ten percent of the entity. If the section 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 the Insurance Code, it may examine and investigate into the affairs of such person and may administer oaths and affirmations, serve subpoenas ordering the attendance of witnesses, and collect evidence.

C. If during the course of investigation, the Department of Insurance determines that there may be a violation of any criminal law, the investigation shall then be turned over to the Louisiana Department of Justice, the Department of Public Safety and Corrections, public safety services, office of state police, and other appropriate law enforcement and/or prosecutorial agency, for further investigation, enforcement, or prosecution.

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.

NOTE: Former R.S. 22:1921 redesignated as R.S. 22:31 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.