RS 22:713 Judicial review; mandamus - Louisiana Statutes

§713.  Judicial review; mandamus

A.  Any person aggrieved by any act, determination, rule, regulation, or order, or any other action of the commissioner pursuant to this Subpart, may appeal therefrom to the Nineteenth Judicial District Court in and for the parish of East Baton Rouge.  The court shall conduct its review without a jury and by trial de novo, except that if all parties, including the commissioner, so stipulate, the review shall be confined to the record.  Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parts so stipulated.

B.  The filing of an appeal pursuant to this Section shall stay the application of any such rule, regulation, order, or other action of the commissioner to the appealing party unless the court, after giving such party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interest of policyholders, shareholders, creditors, or the public.

C.  Any person aggrieved by any failure of the commissioner to act or make a determination required by this Subpart may petition the Nineteenth Judicial District Court in and for the parish of East Baton Rouge for a writ in the nature of a mandamus or a peremptory mandamus directing the commissioner to act or make such determination forthwith.

Acts 1991, No. 794, §1; Redesignated from R.S. 22:1015 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.