1. A. The monies in the Agricultural Commodities Commission Self-Insurance Fund shall be used solely for the administration and operation of this program of
   self-insurance.
2. B. Any claimant who wishes to assert a claim must provide, under oath, written and notarized proof of a loss covered under this program within 30 days of the loss.

3. C. Said written claim shall include the following information:

   1. 1. name and address of claimant;
   2. 2. name of the licensee(s) against whom claimant is asserting a loss;
   3. 3. nature of the relationship and transaction between claimant and licensee(s);
   4. 4. the date of the loss which shall be defined as the date on which claimant knew, or should have known, that a loss had occurred;
   5. 5. the amount of the loss and how calculated;
   6. 6. a concise explanation of the circumstances that precipitated the loss;
   7. 7. copies of those documents relied upon by claimant as proof of said loss.
4. D. Failure to furnish such proof of loss within the required time shall not invalidate nor reduce the claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible.
5. E. Upon receipt of a proof of loss, the commission will receive the claim to determine whether it is covered under the program. The burden of proof to establish the loss shall be upon the claimant.
6. F. Where any loss is or may be covered by other insurance or bond, the other insurance is primary and the commission may require the claimant to exhaust his remedies as to the other insurer before considering the payment of the claim.
7. G. Once a proof of loss has been filed against a licensee(s), the commission may make a complete inspection of the licensee's physical facilities and the contents thereof, as well as an audit of all books and records of the licensee and/or claimant, subject to the confidentiality requirements of R.S. 3:3421.
8. H. Once proof of loss has been filed against a licensee(s), any other claimants alleging a loss caused by said licensee(s) will have a period of 60 days within which to post and thereby file a written claim. The said 60-day period will begin to run upon publication by the commission of the notice of claim in the official local journal for legal notices, or the print publication with the highest circulation in the area serviced by the licensee. The purpose of said notice is to determine whether there are multiple claims, and in the event of multiple claims which exceed the amount of insurance, then the proceeds available for losses of said licensee(s) will be prorated.
9. I. The commission shall provide a notice, by published advertisement, in the official local journal for legal notices or the print publication with the highest circulation in the area serviced by the licensee of the failure of a warehouse and/or grain dealer licensee, and all claims pursuant thereto must be filed within 60 days of the published advertisement.
10. J. The commissioner may, at his option, represent the producers and the patrons of a licensee in their claim against a licensee.
11. K. When claims against different licenses are filed timely and approved by the commission and the aggregate amount claimed exceeds the amount in the fund, those claims filed first will be paid before other claims until the fund is exhausted. However, the commission may, for good cause shown, permit the payment of any claim or claims over a period of years as it shall determine.
12. L. The fiscal year for the self-insurance fund shall be from July 1 through June 30 of each year. However, any claims received by the commission on or before August 15 of any calendar year shall be deemed as a claim on the self-insurance fund of the previous fiscal year. Claims against a licensee which are posted or received by the commission within 60 days of the advertisement of the first claim shall be considered as received on the same date as the first claim.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3410.1 and R.S. 3:3405.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Agriculture, Office of Agro-Consumer Services, LR 13:234 (April 1987), amended LR 19:1304 (October 1993).