La. Admin. Code tit. 37 § XIII-17707

Current through Register Vol. 50, No. 6, June 20, 2024

Section XIII-17707 - Procedure to Request Consent or a Waiver Pursuant to R.S. 22:1554

A. The commissioner may place on probation, suspend, revoke, or refuse to issue, renew, or reinstate an insurance producer license, or may levy a fine not to exceed five hundred dollars if an insurance producer, without the consent of or a waiver from the commissioner, has employed or has allowed to associate with his business, in any manner, any person engaged in the business of insurance who has been convicted of a felony under the laws of this state or any other state or territory, the District of Columbia, the United States, or any foreign country.

B. In order to ensure compliance with R.S. 22:1554(A)(18), insurance producers should screen potential employees by performing a background check.

C. An insurance producer requesting consent or a waiver pursuant to R.S. 22:1554(A)(18) shall do so in writing in a form approved by the commissioner. Such request shall include:

1. the employee-us name, job title and date of birth;

2. the employee-us date of employment;

3. a detailed description of the employee-us job duties;

4. a statement from the employee explaining the facts and circumstances of the conviction;

5. a bill of information or other charging documents, court minutes, sentencing documents, and proof of successful completion of sentence for the felony conviction(s);

6. any other information deemed necessary by the commissioner.

D. The decision to grant or deny a request for consent or a waiver shall be issued in writing to the requesting employer.

E. The commissioner may deny consent or a waiver if he finds:

1. the competence, experience or integrity of the employee are such that it would not be in the best interest of clients of the employer or the public to allow the individual to be employed in the business of insurance;

2. the employing insurance producer or the employee knowingly makes a materially false statement or omission of material information in the request; or

3. any other reason, now or hereinafter, as provided for in applicable statutes and regulations.

La. Admin. Code tit. 37, § XIII-17707

Promulgated by the Department of Insurance, Office of the Commissioner, LR 471879 (12/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11, 22:1554, and the Administrative Procedure Act, R.S. 49:950 et seq.