La. Admin. Code tit. 37 § VII-101

Current through Register Vol. 50, No. 4, April 20, 2024

Section VII-101 - Certificates of Self Insurance

A. Place of Application. Applications for certificates of self-insurance shall be made at the Driver Management Bureau, 109 South Foster Drive, Baton Rouge, Louisiana, or through the mail by writing to Department of Public Safety, Record Management Section, Self-Insurance Unit, Box 64886, Baton Rouge, LA 70896.

B. Applications

1. All applications for certificates of self-insurance shall be made on Form LC-75 or revisions thereof. In cases where the applicant has more than 25 vehicles registered in his name, the application shall be accompanied by the following items:

a. a list of all vehicles registered in the name of the applicant including the make, model, year, vehicle identification number, and current license plate number;

b. a financial statement of assets, liabilities, and net worth in sufficient detail to show that the applicant is possessed and will continue to be possessed of the ability to pay judgments.

2. In cases where the applicant has 25 or fewer vehicles registered in his name, the application shall be accompanied, in addition to Subparagraphs a and b above, by the following items:

a. a statement from the assessor in each parish wherein the applicant owns immovable property assessed in his name which statement shall include a description of the property, the assessed valuation thereof, and whether the property is subject to a homestead exemption;

b. a mortgage certificate on each parcel of property listed in response to §101. B.2.a;

c. an appraisal, in writing, of the fair market value of each parcel of property listed in response to §101. B.2.a, given by a person qualified to give appraisals in this state.

C. Issuance. The department shall have 30 days from the date of filing of the application either to issue or deny the application. Failure to deny within that time shall be considered the same as issuance of the certificate. Issuance shall be evidenced by a written certificate signed by the secretary, or his designated representative, and mailed to the applicant at the address given on the application.

D. Limitation on Issuance. No certificate shall be issued to any applicant whose net worth, as shown in the application, is less than the sum obtained by multiplying $10,000 by the number of vehicles registered in applicant's name and adding $5,000 thereto.

E. Renewal. Every person to whom a certificate of self-insurance has been issued shall reapply annually, as provided above, on or before July 1, except that a parcel of property once having been appraised need not be reappraised more often than every five years. Failure to reapply timely or the filing of false information regarding the applicant's financial condition shall be grounds for cancellation of the certificate under §101. F.

F. Cancellation. Upon not less than five days notice and a hearing pursuant to such notice, the Department of Public Safety may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay a judgment within 30 days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.

G. Hearings. Hearings called pursuant to §101. F, shall be conducted by the secretary or his designated representative in accordance with the administrative rules of the Department of Public Safety.

H. Appeals. Any person whose application is denied or whose certificate is canceled may apply for judicial review as provided in R.S. 32:852.

La. Admin. Code tit. 37, § VII-101

Promulgated by the Department of Public Safety, Office of Motor Vehicles, LR 4:296 (August 1978).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1042.