Current through Register Vol. 50, No. 9, September 20, 2024
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.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
22:2(E) and
49:962.