La. Admin. Code tit. 37 § XIII-12911

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIII-12911 - Request for Hearing

A. The fire chief shall make a written request for board review of the public fire protection grading to the commissioner within 60 days of PIAL's written response to the fire chief's dispute letter.

B If PIAL fails to provide a written response to the fire chief's dispute letter of a public fire protection grading within 60 days of receipt of the dispute letter, the fire chief shall make a written request to the commissioner within 10 days of the expiration of the 60 day deadline for PIAL's response to the fire chief's dispute letter, for board review of the public fire protection grading.

C. The fire chief's written request for board review shall include, but not be limited to:

1. documentation that the fire chief or his designee has attended one of the classes listed in §12909. A 1;

2. a copy of the fire chief's dispute letter sent to PIAL with certified/registered mail post marks as referenced in §12923;

3. documentation used to support the fire chief's dispute of the public fire protection grading;

4. a copy of the initial questionnaire and other paperwork relevant to the dispute sent to PIAL by the fire chief;

5. a copy of the public fire protection grading report issued by PIAL for the fire protection district that is the subject of the request for the review with certified/registered mail post marks as referenced in §12923;

6. a copy of PIAL's written response to the fire chief's dispute letter, with certified/registered mail postmarks as referenced in §12923 If PIAL failed to respond to the fire chief's dispute letter, the fire chief shall include a statement to that effect; and

7. a copy of the fire chief's written request for review sent to the commissioner, with certified/registered mail postmarks as referenced in §12923

D. The board may request additional information and documentation from either PIAL or the fire chief prior to the hearing.

E. The board shall have the authority to suspend a detrimental change in a public fire protection grading from the date a proper request for review is received until appropriate board action is completed and a written decision has been issued by the board.

La. Admin. Code tit. 37, § XIII-12911

Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:665 (April 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S 22:1405(J), 1405.1, 1405.2, 1405.3, and the Administrative Procedure Act, R.S. 49:950 et seq.