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La. Rev. Stat. § 49:992

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§992. Applicability; exemptions; attorney fees; court costs

Notes of Decisions
Cited in 12 cases, 1998–2015 · leading case: Wooley v. State Farm Fire and Cas. Ins. Co.
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Wooley v. State Farm Fire and Cas. Ins. Co. (2005) la · cites it 4× “R.S. 49:992(B)(2) by Act 739 unconstitutionally usurps the Commissioner's powers to regulate insurance in the public interest.”
Wooley v. State Farm Fire and Cas. Ins. Co. (2006) lactapp · cites it 3× “R.S. 49:992(B)(2) provided: In an adjudication commenced by the division, the administrative law judge shall issue the final decision or order, whether or not on rehearing, and the agency shall have no authority to override such decision or order.”
Abl Mgmt. v. Board of Sup'rs of S. Univ. (2000) la “§ 49:992(E) mandated that the Procurement Code adjudications commence in the DAL, no legislation authorized an administrative hearing in the DAL for activities provided in LA.”
Gilliam v. Brooks Heating & Air Conditioning (2014) lactapp “R.S. 49:992. A comparison of the administrative procedure provided in Title 23 of the Revised Statutes for unemployment 117insurance claims shows that the receipt of evidence for such claims is limited by the legislature to the administrative hearings before the appeal referee…”
GOVERNMENT COMPUTER SALES v. State (1998) lactapp · cites it 3× “49:992(A)(2) & (D). The Act applies to the Office of State Purchasing, and it specifically authorizes the Division of Administrative Law to conduct formal administrative hearings on Procurement Code matters fitting the APA definition of "adjudication.”
Dillard v. Louisiana State Uniform Construction Code Council (2011) lactapp · cites it 5× “Delvin Portier, (appellees in this appeal) that the law requires administrative hearings to be in accordance with LSA-R.S. 49:992, et seq., and by the Division of Administrative Law.”
Ford v. State, Department of Health & Hospitals (2015) lactapp · cites it 4× “R.S. 49:992(D)(2)(b)(iii)(aa). 2 ■ In a fourteen-page detailed decision, dated October 14, 2013, DHH declined to adopt the ALJ’s recommended decision, and instead ruled, “[t]he denial of the application for enrollment as a MEDICAID physician group provider was an appropriate…”
Louisiana United Businesses Ass'n v. State Workers' Compensation Second Injury Board (2005) lactapp · cites it 4× “Factual Background and Procedural History On December 23, 2002, Lumbermen’s Mutual Casualty Company (Lumbermen’s) and Louisiana United Businesses Association Self-Insurers’ Fund (LUBA) (collectively plaintiffs or applicants) filed a petition for writ of mandamus pursuant to…”
CEDYCO CORP. v. Department of Natural Res. (2008) lactapp “Cedyco timely requested a fact finding hearing, and the Commissioner requested an adjudicatory hearing before the DAL in accordance with LSA-R.S. 49:992(D)(7). A hearing was set for July 7, 2006; however, on July 6, 2006, Cedyco and the Commissioner entered into a consent order…”
Bonvillian v. State Ex Rel. Department of Insurance (2008) lactapp · cites it 2× “R.S. 49:992(B)(2) was amended by Acts 2005, No.”
Unit. Bus. Ass'n v. Wor. Com. SEC. Inj. Bd. (2005) lactapp · cites it 4× “Factual Background and Procedural History On December 23, 2002, Lumbermen's Mutual Casualty Company (Lumbermen's) and Louisiana United Businesses Association Self-Insurers' Fund (LUBA) (collectively plaintiffs or applicants) filed a petition for writ of mandamus pursuant to…”
City of Baton Rouge v. Douglas (2006) lactapp “Nothing precluded Douglas from filing a declaratory suit, wherein the trial court could consider whether the Bernard decision should be given retroactive application.”
— La. Rev. Stat. § 49:992(A)(2) — 1 case
GOVERNMENT COMPUTER SALES v. State (1998) lactapp “49:992(A)(2) & (D). The Act applies to the Office of State Purchasing, and it specifically authorizes the Division of Administrative Law to conduct formal administrative hearings on Procurement Code matters fitting the APA definition of "adjudication.”
— La. Rev. Stat. § 49:992(B)(2) — 3 cases
Wooley v. State Farm Fire and Cas. Ins. Co. (2005) la “R.S. 49:992(B)(2) by Act 739 unconstitutionally usurps the Commissioner's powers to regulate insurance in the public interest.”
Wooley v. State Farm Fire and Cas. Ins. Co. (2006) lactapp “R.S. 49:992(B)(2) provided: In an adjudication commenced by the division, the administrative law judge shall issue the final decision or order, whether or not on rehearing, and the agency shall have no authority to override such decision or order.”
Bonvillian v. State Ex Rel. Department of Insurance (2008) lactapp “R.S. 49:992(B)(2) was amended by Acts 2005, No.”
— La. Rev. Stat. § 49:992(B)(3) — 3 cases
Wooley v. State Farm Fire and Cas. Ins. Co. (2005) la “R.S. 49:992(B)(2) by Act 739 unconstitutionally usurps the Commissioner's powers to regulate insurance in the public interest.”
Wooley v. State Farm Fire and Cas. Ins. Co. (2006) lactapp “R.S. 49:992(B)(2) provided: In an adjudication commenced by the division, the administrative law judge shall issue the final decision or order, whether or not on rehearing, and the agency shall have no authority to override such decision or order.”
City of Baton Rouge v. Douglas (2006) lactapp “Nothing precluded Douglas from filing a declaratory suit, wherein the trial court could consider whether the Bernard decision should be given retroactive application.”
— La. Rev. Stat. § 49:992(D)(2)(b)(iii) — 1 case
Ford v. State, Department of Health & Hospitals (2015) lactapp “R.S. 49:992(D)(2)(b)(iii)(aa). 2 ■ In a fourteen-page detailed decision, dated October 14, 2013, DHH declined to adopt the ALJ’s recommended decision, and instead ruled, “[t]he denial of the application for enrollment as a MEDICAID physician group provider was an appropriate…”
— La. Rev. Stat. § 49:992(D)(5) — 1 case
Dillard v. Louisiana State Uniform Construction Code Council (2011) lactapp “Delvin Portier, (appellees in this appeal) that the law requires administrative hearings to be in accordance with LSA-R.S. 49:992, et seq., and by the Division of Administrative Law.”
— La. Rev. Stat. § 49:992(D)(7) — 1 case
CEDYCO CORP. v. Department of Natural Res. (2008) lactapp “Cedyco timely requested a fact finding hearing, and the Commissioner requested an adjudicatory hearing before the DAL in accordance with LSA-R.S. 49:992(D)(7). A hearing was set for July 7, 2006; however, on July 6, 2006, Cedyco and the Commissioner entered into a consent order…”
— La. Rev. Stat. § 49:992(E) — 4 cases
Abl Mgmt. v. Board of Sup'rs of S. Univ. (2000) la “§ 49:992(E) mandated that the Procurement Code adjudications commence in the DAL, no legislation authorized an administrative hearing in the DAL for activities provided in LA.”
GOVERNMENT COMPUTER SALES v. State (1998) lactapp “49:992(A)(2) & (D). The Act applies to the Office of State Purchasing, and it specifically authorizes the Division of Administrative Law to conduct formal administrative hearings on Procurement Code matters fitting the APA definition of "adjudication.”
Louisiana United Businesses Ass'n v. State Workers' Compensation Second Injury Board (2005) lactapp “Factual Background and Procedural History On December 23, 2002, Lumbermen’s Mutual Casualty Company (Lumbermen’s) and Louisiana United Businesses Association Self-Insurers’ Fund (LUBA) (collectively plaintiffs or applicants) filed a petition for writ of mandamus pursuant to…”
Unit. Bus. Ass'n v. Wor. Com. SEC. Inj. Bd. (2005) lactapp “Factual Background and Procedural History On December 23, 2002, Lumbermen's Mutual Casualty Company (Lumbermen's) and Louisiana United Businesses Association Self-Insurers' Fund (LUBA) (collectively plaintiffs or applicants) filed a petition for writ of mandamus pursuant to…”
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