Declaratory Orders and Rulemaking Procedures
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Defines the Department of Insurance’s regulatory role, the declaratory order process, petitions, disclosures, and Commission actions related to declaratory orders and rulemaking; applies to persons, agencies, and interested parties interacting with the Louisiana Department of Insurance.
No material clinical or coverage changes in this revision.
Declaratory Orders: Petition Criteria and Final Provisions
Declaratory order petition criteria
Procedures and criteria for petitions for declaratory orders, required petition contents, disclosures, and permissible grounds for relief or recusal.
Grounds or limits on petitions
- A petition for a declaratory order may not be used to delay or interrupt an adjudication or proceeding.
- A petition for a declaratory order may be limited in scope and is subject to applicable law and rules governing declaratory relief and the Department's authority.
Effective Date
Effective date rule
Severability
Severability provision
Confidentiality
Confidentiality/published treatment
Codes and Filing Timeframe
Purpose, Authority, and Submission Requirements
Purpose and Departmental Authority for Declaratory Orders
This regulation defines declaratory orders and establishes the Department’s authority and procedures for filing and disposing of declaratory order petitions as authorized by the Commissioner under the Administrative Procedure Act. It governs who may petition, what must be included in a petition, and the Department’s role in accepting, denying, modifying, or issuing declaratory relief. The rule is promulgated in accordance with the Administrative Procedure Act and takes effect as provided by that law.
Confidentiality Requirement for Submitted Materials
Applicants must designate and maintain as confidential or privileged any documents, materials, or other information submitted with or included in an application for a declaratory order that are required to be maintained as confidential or privileged under the Revised Statutes or applicable federal law.
- Maintain as confidential or privileged only those submissions that are required to be confidential or privileged under state law (Title of the Revised Statutes) or applicable federal law.
- Confidential or privileged submissions included with a petition remain subject to the legal standards for confidentiality and privilege described in statute or federal law.
Defined Terms
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