23 CAR Part 41 — Declaratory Orders

Chapter I

Subchapter A

Subpart 1

23 CAR § 41-101 Background and purpose {#sec-23-car-41-101 omnilex-key=us-ar-regs-official--title-23-part-41--23 CAR § 41-101}

23 CAR § 41-101. Background and purpose.

(a) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the agency has authority.

(b)(1) A petition for declaratory order may be used only to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner's particular circumstances.

(2) A declaratory order is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability from an agency.

(3) A petition for declaratory order must describe the potential impact of statutes, rules, or orders upon the petitioner's interests.

23 CAR § 41-102 The petition {#sec-23-car-41-102 omnilex-key=us-ar-regs-official--title-23-part-41--23 CAR § 41-102}

23 CAR § 41-102. The petition.

(a) The process to obtain a declaratory order is begun by filing with the Insurance Commissioner a petition that provides the following information:

(1) The name, address, telephone number, and facsimile number of the petitioner;

(2) The name, address, telephone number, and facsimile number of the attorney of the petitioner;

(3) The statutory provision or provisions, agency rule or rules, or agency order or orders on which the declaratory order is sought;

(4) A description of:

(A) How the statutes, rules, or orders may substantially affect the petitioner and the petitioner's particular set of circumstances; and

(B) The question or issue on which the petitioner seeks a declaratory order;

(5) The signature of the petitioner or petitioner's attorney;

(6) The date; and

(7) A request for a hearing, if desired.

(b) The agency may rely on the statements of fact set out in the petition without taking any position with regard to the validity of the facts.

(c) Within ninety (90) days of the filing of the petition, the agency will render a final order denying the petition or issuing a declaratory order.