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Reminder from the Louisiana Department of Insurance Regarding Employing Individuals with Felonies

The Louisiana Commissioner of Insurance reissued an advisory letter on May 23, 2022, reminding insurance producers of their responsibilities for conducting a thorough background check when employing staff.

Louisiana law La. R.S. 22:1554(A)(18) prohibits insurance producers from employing or allowing an individual to associate with their business if convicted of a felony, either in the United States or abroad. Penalties for hiring an individual convicted of a felony include probation, suspension, revocation, or the refusal to issue, renew, or reinstate the producer's insurance license. The commissioner may also issue fines of up to $500 for each violation, and up to $10,000 for all violations in a calendar year.

Screening potential employees or contractors with a thorough and accurate background check is necessary to ensure compliance.

If an employee's background check returns a felony and a producer still wishes to employ the individual, the producer may request consent or a waiver to employ or associate the individual with their business pursuant to Regulation 119. Producers must submit the "Request for Consent or a Waiver Pursuant to LA R.S. 22:1554(A)(18)" form to producerlicensing@ldi.la.gov. The Commissioner may deny consent or a waiver if they deem the subject's employment in the business of insurance is not in the public's best interest.

If there are any questions about this process, please contact the Deputy Commissioner of the Office of Licensing via email at public@ldi.la.gov or phone at (225) 219-5941.

Source (includes the Request for Consent or a Waiver): Advisory Letter 2018-02 (Revised and Reissued)

Posted: May 25, 2022


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