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      RS 22:33     

  

§33. Sanctions

            A. Whenever the commissioner of insurance receives notification of an apparent violation from the division of diversity and opportunity, and determines, after notice and opportunity for a hearing in accordance with the Administrative Procedure Act, that an insurer has engaged in a pattern or practice of employment discrimination prohibited by Part IV of Chapter 3-A of Title 23, R.S. 23:331 et seq., he may issue an order requiring the insurer to cease and desist engaging in such unlawful act or practice. If the insurer does not comply with the cease and desist order, the commissioner may then:

            (1) Require the insurer to file an affirmative action plan in accordance with rules and regulations adopted by the commissioner. If the insurer fails to file such affirmative action plan, the commissioner may then:

            (2) Levy a civil penalty of up to ten thousand dollars against the insurer. If, after levy of such a fine, the violation still exists, the commissioner may then:

            (3) Restrict the insurer's agency appointment powers.

            B. Nothing in this Subpart shall be construed to authorize the commissioner to revoke a certificate of authority of any insurer for any violation of this Subpart.

            C. The authority of the commissioner to impose any sanctions provided for in this Section shall not apply in any of the following instances:

            (1) When there is an order or a conciliation agreement in effect rendered by a federal court or federal agency arising out of the same facts.

            (2) When there is a complaint pending with a federal court or federal agency arising out of the same facts.

            (3) When there is a complaint filed with the appropriate federal agency and with the commissioner under the provisions of this Subpart involving the same parties, with respect to the same subject matter, and arising out of the same facts or circumstances.

            (4) When the insurer has an affirmative action plan. The plan shall contain the following minimum requirements:

            (a) A stated purpose of the insurer to foster equal opportunities for minorities.

            (b) The delineation of active steps and efforts by the insurer reasonably calculated to achieve the stated purpose.

            D. An aggrieved party affected by the commissioner's decision, act, or order may demand a hearing in accordance with Chapter 12 of this Title, R.S. 22:2191 et seq.

            Acts 1984, No. 850, §1; Redesignated from R.S. 22:1923 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 317, §1; Acts 2009, No. 503, §1; Acts 2015, No. 274, §1, eff. June 29, 2015.

NOTE: Former R.S. 22:33 redesignated as R.S. 22:63 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.



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