1. A. In the event the Division of Diversity and Opportunity finds an apparent violation of R.S. 22:31 et seq., the commissioner may apply penalties as provided for in the Insurance Code.

   1. 1. for employment discrimination prohibited by part IV of chapter 3-A of title 23 (R.S. 23:331 et seq.), the commissioner may issue a cease and desist order and other penalties, as provided in R.S. 22:33;
   2. 2. for violations of R.S. 22:35, the commissioner shall fine the insurer $10,000 for each occurrence, as provided for in R.S. 22:35; or
   3. 3. for violations of R.S. 22:34, the commissioner shall issue a cease and desist order and other penalties as provided for in R.S. 22:1969 and 1970.
2. B. In lieu of taking action against an insurer alleged to have engaged in employment discrimination prohibited by part IV of chapter 3-A of title 23 (R.S. 23:331 et seq.), the commissioner may advise the complainant to file a complaint with the federal Equal Employment Opportunity Commission or the Louisiana Commission on Human Rights.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:31(C), 32(B), and 35(C).

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 43:2191 (November 2017).