La. Admin. Code tit. 37 § XI-901

Current through Register Vol. 50, No. 9, September 20, 2024
Section XI-901 - Transmission of Forms and Documents Filed with the Department of Insurance
A. All forms, documents, applications, filings, financial reports, and any and all other forms and types of documents required by law or voluntarily filed with the commissioner by any insurer or entity regulated by the commissioner shall be filed by depositing the same in the United States mail, postage prepaid, and/or with a private or commercial interstate carrier, and/or via electronic transmission. Payment of fees, including license fees, and premium taxes shall be exempt from this Rule.
B. No document of any sort or kind described in §901.A will be accepted or received by the personnel of the department as having been filed with the department unless the same is transmitted to the department via the United States mail, a private or commercial interstate carrier, and/or electronic transmission.
C. The department shall retain the envelope or other evidence of submission method attached to the document.
D.
1.Transmission of documents by private courier service without interstate service or by hand delivery is permissible as long as the documents are:
a. subsequently mailed in the United States Postal Service or delivered to a private or commercial interstate carrier for shipping and received by the department on or before the twentieth day after receipt of the private courier delivery, or hand delivery; or
b. sent via electronic transmission such that the transmission is received by the Department of Insurance on or before the twentieth day after receipt of the private courier delivery or hand delivery.
2. A document received in accordance with §901 shall be deemed received on the date of the department's receipt of the original private courier delivery without interstate service or hand delivery. Any departmental decision shall be based on the date of the initial private courier delivery or hand delivery, and any stamp of approval shall be affixed to those documents.
E. Notwithstanding §901.A through D, requests for public records shall be in accordance with procedures established for public records requests and record management.

La. Admin. Code tit. 37, § XI-901

Promulgated by the Department of Insurance, Commissioner of Insurance, LR 17:1210 (December 1991), amended LR 18:620 (June 1992), amended by the Department of Insurance, Office of the Commissioner, LR 29:41 (January 2003), Amended LR 4563 (1/1/2019), Amended LR 471330 (9/1/2021).
AUTHORITY NOTE: Promulgated in accordance with R.S. 22.2.