PETITIONS FOR DECLARATORY ORDERS
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Any person regulated by the Louisiana Department of Insurance may file a petition for a declaratory order pursuant to Regulation 110. The Commissioner reserves the right to accept or reject a petition for a declaratory order. The Commissioner will decide within 60 days after the filing of a petition whether to accept or reject the petition. The petition must be in writing and should be addressed to the Louisiana Department of Insurance, ATTN: Legal Division, and may be mailed to P.O. Box 94214, Baton Rouge, LA 70804-9214, or emailed to [email protected]. If comments are to be shipped or hand-delivered, please deliver to Poydras Building, ATTN: Legal Division, 1702 North 3rd Street, Baton Rouge, LA 70802.
Each petition for a declaratory order shall contain the following:
- The title of the petition (e.g., “Petition for Declaratory Order”);
- The name, address, and telephone number of the person regulated by the LDI requesting the declaratory order;
- A power of attorney or mandate, if the person is represented by a third party;
- The specific questions to be answered or issues to be addressed;
- A complete statement of all relevant facts;
- Citations to or copies of relevant statutes, rules/regulations, or orders of the LDI at issue; and, if the petitioner takes a specific position on the issue, the arguments, reasons, and provisions of law supporting such position;
- Copies of all relevant documents; and
- A signed statement stating to the best of the person’s knowledge:
- Whether the person requesting the declaratory order has the same issue under examination or review with the LDI or any other insurance regulator;
- Whether the person requesting the declaratory order has been notified in writing that an examination with the LDI or any other insurance regulator is pending;
- Whether the person requesting the declaratory order is litigating the issue in the state of Louisiana or is aware of their involvement in litigation on the same issue in other jurisdictions;
- Whether the LDI 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);
- Whether the Louisiana Attorney General has been, or will be, requested to issue an opinion concerning the issue prior to the issuance of the declaratory order; and
- That, prior to the issuance of a declaratory order, if the requesting person is notified of a pending examination by the LDI or any other insurance regulator, the requesting person will notify the Commissioner of the pending examination.
If you have questions regarding your submission, please contact the Legal Division of the LDI at (225) 342-4673.