(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.