La. Admin. Code tit. 7 § XXVII-203

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

Section XXVII-203 - Distribution of Funds for Claims from Prior Insolvency

A. Any claimant who wishes to assert a claim against a licensee who became or becomes insolvent after January 1, 2008, but before the promulgation of these rules shall provide, under oath, written and notarized proof of a loss covered by this fund within 30 days of notification of claim process.

B. A written claim shall include all of the following information:

1. name and address of claimant;

2. name of the licensee against whom claimant is asserting a loss;

3. nature of the relationship and transaction between claimant and licensee;

4. the date of the loss which shall be defined as the date on which the claimant knew or should have known that a loss had occurred;

5. the amount of the loss and how calculated;

6. a concise explanation of the circumstances that precipitated the loss;

7. copies of those documents relied upon by claimant as proof of said loss.

C. Upon receipt of proof of loss, the commission shall review the claim to determine whether it is covered under the program. The burden of proof to establish the loss shall be upon the claimant.

D. The said 30 day period shall begin to run upon publication by the commission of the notice of claim process in the official local journal for legal notices or the print publication with the highest circulation in the area serviced by the licensee.

La. Admin. Code tit. 7, § XXVII-203

Promulgated by the Department of Agriculture and Forestry, Office of Agro-Consumer Services, Agricultural Commodities Commission, LR 35:630 (April 2009), amended by the Department of Agriculture and Forestry, Agricultural Commodities Commission, LR 37:511 (February 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3410.2.