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Advisory opinion regarding whether immediate family members of Barry Ward, the Deputy Commissioner for the Office of Licensing and Compliance in the Dept. of Insurance, may renew their insurance licenses and teach continuing education courses approved by the Office of Licensing and Compliance. |
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The Louisiana Insurance Commissioner recently appointed Barry Ward as the Deputy Commissioner for the Office of Licensing and Compliance for the Department of Insurance. In such capacity, Mr. Ward oversees the sections which licenses insurance producers, insurance companies and related entities. In regards to the licensing section, renewals are done electronically and is comprised of an online application, continuing education hours, and an electronic payment check. Once the requisite information is received, unless the applicant acknowledges a criminal problem, the application is handled by the licensing computer system and the renewal occurs electronically.
Mr. Ward's wife and daughter are licensed producers. His wife was licensed in 1992 and his daughter in 2009. Their licenses renew every two years. According to their birthdays, they both renew in August. They renewed prior to his appointment and will not have to renew until after August 2013.
In addition, since 2004, Mr. Ward's wife has been an approved provider for both pre-licensing and continuing education. The Office of Licensing and Compliance also oversees the approval of educational programs. Ms. Ward is required to submit a class curriculum for review and approval prior to it being presented to producers for educational credit and to resubmit the curriculum to the Department every three years for renewal purposes.
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La. R.S. 42:1113A prohibits a public servant, a member of his immediate family or a legal entity in which either owns a controlling interest, from bidding on or entering into a contract, subcontract or transaction that is under the supervision or jurisdiction of the public servant's agency.
In Hill v. Commission on Ethics for Public Employees,453 So.2d 558, (La. 1984), the Supreme Court concluded that a member of the Cosmetology Board could renew a license for a beauty shop and a license to practice cosmetology since those renewals were "routine and mechanical." Routine and mechanical was defined as something issued in accordance with the rules and procedures of the agency and not with the approval of the Board.
Section 1111C(2)(d) of the Code prohibits a public servant from accepting anything of economic value for services rendered from a person who has a business, contractual, or financial relationship with your agency or a person who conducts operations or activities that are regulated by the public employees' agency.
Section 1112 of the Code prohibits a public servant from participating in transactions in which he, his immediate family members, or his employer has a substantial economic interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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