S.D. Admin. R. 20:06:32:01

Current through Register Vol. 50, page 159, June 17, 2024
Section 20:06:32:01 - Petition for declaratory ruling

Any interested party wishing the Division of Insurance to rule on the applicability to that party of any statutory provision or rule or order may file a petition for a declaratory ruling in accordance with SDCL 1-26-15 with the director of the division. The petition must reference the applicable statutory provision or rule or order and state generally the factual situation existing under which the question arises. The petition must be verified by the petitioner, except that matters not within the personal knowledge of the petitioner may be on information or belief. The petition shall identify the class of persons or entities known by the petitioner to have a present interest which would be affected by the declaratory ruling. The petition shall identify any specific persons or entities who have prior to the filing of the petition communicated with the petitioner through written documentation concerning a dispute on the matter to be ruled upon, and the director shall name them as parties. A declaration may not prejudice the rights of persons or entities not parties to the proceeding. This chapter does not create a cause of action against any petitioner.

S.D. Admin. R. 20:06:32:01

22 SDR 95, effective 1/18/1996; 23 SDR 179, effective 4/27/1997.

General Authority: SDCL 1-26-15.

Law Implemented: SDCL 1-26-15.