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      RS 22:2191     




§2191. Hearings

            A. The division of administrative law shall hold a hearing in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., and shall hold a hearing under either of the following circumstances:

            (1) If required by any provision of this Code.

            (2) Upon written demand for a hearing made by any person aggrieved by any act, order of the commissioner, or failure of the commissioner of insurance to act, if such failure is deemed an act under any provision of this Code, or by any report, promulgation, or order of the commissioner of insurance other than an order on a hearing of which such person was given actual notice or at which such person appeared as a party, or order pursuant to the order on such hearing.

            B.(1) Any demand for a hearing shall be filed by the aggrieved party with the commissioner within thirty days after mailing of notice of the act or order to the aggrieved party's last known address or within thirty days after the delivery of notice of the act or order to the aggrieved party. The demand for hearing shall specify in what respects the person is aggrieved and the grounds upon which relief should be granted at the hearing. The aggrieved person shall reference the particular sections of the statutes and rules involved, shall provide a short and plain statement of matters asserted for review, and shall attach a copy of any order or decision of the commissioner for review.

            (2) The commissioner shall provide the division of administrative law with a copy of a demand for a hearing by the aggrieved party within five days of receipt of the original.

            (3) The division of administrative law shall hold the hearing demanded within thirty days after receipt of the demand from the commissioner, unless postponed by mutual consent, or upon motion of either party for good cause shown or as ordered by the division of administrative law. In no circumstance shall this hearing be held later than sixty days from the date of the original demand for the hearing unless otherwise agreed upon by all parties.

            C. This Chapter shall not apply to public hearings held by the commissioner unless otherwise provided. The commissioner may promulgate procedures, rules, and regulations for the conduct of any public hearing in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.

            Acts 1958, No. 125. Amended by Acts 1964, No. 150, §1; Acts 1992, No. 695, §1; Redesignated from R.S. 22:1351 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 317, §1; Acts 2012, No. 271, §1; Acts 2018, No. 171, §1, eff. Jan. 1, 2019.

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