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      RS 22:462     

  

§462.  Examination by commissioner

A.  The commissioner of insurance shall make an annual examination of each self-insurer for the initial three-year period during which the self-insurer transacts business in this state.  Thereinafter, the commissioner shall make an examination of each self-insurer at least once every five years, unless the commissioner, in his discretion, determines that the financial condition or operations of the self-insurer warrant more frequent examinations.

B.  All expenses incurred by the commissioner in conducting the examination shall be paid by the self-insurer examined.  A self-insurer may contest the reasonableness of the amount of the expenses billed to it by applying to a court of competent jurisdiction for a rule to test the reasonableness of the billing.  The rule shall be tried by preference and, if appealed, shall be given preference in the appellate court as may be provided for suits against the state.

C.  If a self-insurer does not contest the reasonableness of the billing and fails to pay the expenses of the examination within thirty days after the receipt of the billing or within fifteen days after the date that a final judgment was rendered when a rule had been issued pursuant to Subsection B of this Section, the commissioner may file a lien against any of the assets of the self-insurer located within the state until the amount of the lien is paid in full.

D.  The commissioner shall employ such personnel as is necessary to conduct the examination and to compile the report thereon.

E.  In conducting an examination of a self-insurer, the commissioner shall have access to all records of the self-insurer and those pertaining to the self-insurance plan of the self-insurer.  All such records and the officers, employees, and representatives of the self-insurer shall be made available to the commissioner.

F.  If the self-insurer fails to make the records or personnel available as provided in Subsection E, the commissioner may petition any court of competent jurisdiction to subpoena witnesses or documentary evidence.  The commissioner shall have the power to administer oaths and examine under oath any person relative to the insurance affairs of the self-insured being examined.  Any person who testifies falsely or makes a false affidavit during the course of such an examination shall be guilty of perjury.

G.  The commissioner shall make a certified report of his findings and a copy shall be furnished to the self-insurer at least thirty days prior to the filing of the report in the office of the commissioner for public inspection.  During this thirty-day period, the self-insurer may request in writing that a hearing be held to consider objections to the report.  The report shall not be made public until after the hearing is held and any modifications that the commissioner deems necessary are made.

H.  In lieu of an examination under this Section of any foreign self-insurer licensed in this state, the commissioner may accept an examination report on the self-insurer as prepared by the department for the self-insurer's state of domicile if the insurance department was, at the time of the examination, accredited under the National Association of Insurance Commissioners' Financial Regulation Standards and Accreditation Program and the examination is performed under the supervision of an accredited state insurance department, or with the participation of one or more examiners who are employed by that accredited state insurance department, and who, after a review of the examination workpapers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their state insurance department.

Acts 1990, No. 902, §1; Acts 1997, No. 1449, §1; Redesignated from R.S. 22:3012 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2012, No. 680, §1, eff. June 7, 2012.



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