La. Admin. Code tit. 37 § XIII-15707

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-15707 - Disposal of Petitions; Form; Reasons to Issue or not Issue Declaratory Orders

A. The commissioner shall decide within 60 days after the filing of a petition for a declaratory order whether to accept or reject the petition.

B. A petition for a declaratory order shall be submitted in writing to the commissioner, in the manner specified on the departments website, by a person regulated by the department or the persons legal representative. Petitions shall contain the following information:

1. the title of the petition (e.g., "Petition for Declaratory Order");

2. the name, address, and telephone number of the person regulated by the department requesting the declaratory order;

3. a power of attorney or mandate, if the person is represented by a third party;

4. specific questions to be answered or issues to be addressed;

5. complete statement of all relevant facts;

6. citations to or copies of relevant statutes, rules/regulations, or orders of the department at issue, and, if the petitioner takes a specific position on the issue, the arguments, reasons, and provisions of law supporting such position;

7. copies of all relevant documents; and

8. a signed statement stating to the best of the persons knowledge:

a. whether the person requesting the declaratory order has the same issue under examination or review with the department or any other insurance regulator;

b. whether the person requesting the declaratory order has been notified in writing that an examination with the department or any other insurance regulator is pending;

c. whether the person requesting the declaratory order is litigating the issue in the state of Louisiana or is aware of the persons involvement in litigation on the same issue in other jurisdictions;

d. whether the department or any other insurance regulator has previously issued a declaratory order or ruling, no-action letter, or similar declaratory statement on the same issue (with a copy attached);

e. whether the attorney general has been, or will be, requested to issue an opinion concerning the issue prior to the issuance of the declaratory order; and

f. that, prior to the issuance of a declaratory order, if the requesting person is notified of a pending examination by the department or any other insurance regulator, the requesting person will notify the commissioner of the pending examination.

C. A petition for a declaratory order may not be used to delay or interrupt an examination.

D. Reasons for issuing a declaratory order may include but not be limited to:

1. it has been requested by a person regulated by the department, or the person's representative who has a power of attorney or mandate; and

2. the law and rules/regulations or departments orders are not clear.

E. Reasons for not issuing a declaratory order may include but not be limited to:

1. the law and rules/regulations or departments orders are clear;

2. a rule/regulation would be more appropriate under the Administrative Procedure Act;

3. the inquiry concerns alternative fact scenarios, speculative or supposed facts, or purely hypothetical situations;

4. the inquiry concerns matters scheduled for an examination or currently involved in an examination, appeal, or litigation;

5. the inquiry concerns an issue that is being litigated or may be litigated in the near future;

6. the request is incomplete because it does not contain all of the information required by §15707 B;

7. the request can best be handled by another means, such as through issuance of a bulletin, advisory letter, directive, or rule/regulation; or

8. the requesting person withdraws the request at any point prior to issuance of the declaratory order.

La. Admin. Code tit. 37, § XIII-15707

Promulgated by the Department of Insurance, Commissioner of Insurance, LR 442011 (11/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:2(E) and 49:962.