23 CAR § 43-214 – Petitions for declaratory rulings under Arkansas Code § 23-61-303(b)

(a) At his or her discretion, the Insurance Commissioner may interpret or decide an insurance issue in a written declaratory order issued following the requirements of Declaratory Orders, 23 CAR pt. 41, resolving a question or controversy concerning the applicability of statutory provisions, rules, or orders over which the State Insurance Department has authority.
(b) The time period of such adjudication shall follow the requirements of 23 CAR pt. 41, which requires an order within ninety (90) days from the filing of the petition.
(c) The discretion of the commissioner to consider issuing a declaratory order shall include the evaluation of whether:
1. (1) There is an issue of sufficient statewide magnitude over an ambiguity, interpretation, or conflict requiring an interpretation for the public consumers involved or a substantial number of third parties servicing those consumers; and
2. (2) Rulemaking procedures would not be timely in alleviating any irreparable harm to insureds or affected third parties needing an interpretation.
(d)
1. (1) The commissioner may in his or her discretion grant or deny a request for a declaratory order with or without a hearing.
2. (2) If granted, the commissioner may set a request for a declaratory order for an administrative hearing to consider legal arguments related to such requested interpretations.
(e) The department does not have a specific form or required format for a petition for a declaratory ruling other than it be a request in writing to the commissioner detailing the standards above.