La. Admin. Code tit. 37 § XI-1141

Current through Register Vol. 50, No. 9, September 20, 2024

Section XI-1141 - Rehearings

A. The commissioner may, upon motion therefor made within 10 days after service of a decision and order, order a rehearing upon such terms and conditions as he may deem just and proper if a petition for judicial review of the decision and order has not been filed. Such motion shall not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision; that the decision or order is clearly contrary to the law and the evidence; that there is a showing that issues not previously considered ought to be examined in order to properly dispose of the matter; or there is other good ground for further consideration of the issues and the evidence in the public interest. The motion shall be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence or other grounds above recited and the reason why such evidence was not introduced at the hearing or other grounds above recited. Upon rehearing, the commissioner may modify his decision and order as the additional evidence or other grounds relied upon may warrant. The commissioner shall grant or deny a motion for rehearing within 10 days from his receipt of same.

B. The petition of a party for rehearing, reconsideration, or review, and the order of the commissioner granting it, shall set forth the grounds which justify such action. Nothing in §1141 shall prevent rehearing, reopening or reconsideration of a matter of the commissioner in accordance with other statutory provisions applicable to such agency, or at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence. On reconsideration, reopening, or rehearing, the matter may be heard by the commissioner or it may be referred to a subordinate deciding officer. The hearing shall be confined to those grounds upon which the reconsideration, reopening, or rehearing was ordered. If an application for rehearing shall be timely filed, the period within which judicial review, under the applicable statute must be sought, shall run from the final disposition of such application.

La. Admin. Code tit. 37, § XI-1141

Promulgated by the Department of Insurance, Commissioner of Insurance, February 12, 1973.

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:2 and R.S. 22:1351-1367.