HLS 15RS-765 ENGROSSED
2015 Regular Session
HOUSE BILL NO. 215
BY REPRESENTATIVE LEBAS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INSURANCE COMMISSIONER: Specifies the contents of a notice of wrongful conduct,
including showing cause as to why regulatory action should not be taken by the
insurance commissioner
1 AN ACT
2To amend and reenact R.S. 22:2195, relative to the authority of the commissioner of
3 insurance; to provide relative to a notice of wrongful conduct; to provide for the
4 contents of the notice, including informing the person of the opportunity to show
5 cause as to why regulatory action should not be taken; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 22:2195 is hereby amended and reenacted to read as follows:
9 ยง2195. Show Notice of wrongful conduct; opportunity to show cause notice
10 If any person is entitled to a hearing by pursuant to any provision of this
11 Code, before any proposed action is taken, the notice of the proposed action may be
12 in the form of a notice to show cause stating that the proposed action may be taken,
13 unless such person shows cause at a hearing to be held as specified in the notice why
14 the proposed action should not be taken, and stating the basis of the proposed action.
15 the commissioner shall issue a notice of wrongful conduct prior to the taking of any
16 regulatory action. The notice shall contain allegations of fact describing the wrongful
17 conduct and cite the provisions of law that the commissioner deems to have been
18 violated. The notice shall also inform the person of the opportunity to show cause,
19 in a manner specified in the notice, as to why regulatory action should not be taken.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-765 ENGROSSED
HB NO. 215
1 Section 2. This Act shall become effective upon signature by the governor or, if not
2signed by the governor, upon expiration of the time for bills to become law without signature
3by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4vetoed by the governor and subsequently approved by the legislature, this Act shall become
5effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 215 Engrossed 2015 Regular Session LeBas
Abstract: Specifies the contents of a notice of wrongful conduct, including informing the
person of the opportunity to show cause as to why regulatory action should not be
taken by the insurance commissioner.
Present law provides that if any person is entitled to a hearing by any provision of present
law, the Insurance Code, before any proposed action is taken, the notice of the proposed
action may be in the form of a notice to show cause stating that the proposed action may be
taken, unless such person shows cause at a hearing to be held as specified in the notice why
the proposed action should not be taken, and stating the basis of the proposed action.
Proposed law instead provides that if any person is entitled to a hearing pursuant to any
provisions of present law, the Insurance Code, the commissioner shall issue a notice of
wrongful conduct prior to the taking of any regulatory action. Requires that the notice shall
contain allegations of fact describing the wrongful conduct and cite the provisions of present
law that the commissioner deems to have been violated. Further requires that the notice
inform the person of the opportunity to show cause, in a manner specified in the notice, as
to why regulatory action should not be taken.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 22:2195)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.