§ 35.19. Petitions for declaratory orders.
Petitions for the issuance, in the discretion of an agency, of a declaratory order to terminate a controversy or remove uncertainty, shall state clearly and concisely the controversy or uncertainty which is the subject of the petition, shall cite the statutory provision or other authority involved, shall include a complete statement of the facts and grounds prompting the petition, together with a full disclosure of the interest of the petitioner.
Notes of Decisions Controversy Required
Preliminary objections to complaint seeking declaratory judgment were sustained since challenge to proposed regulations was premature as there was no controversy. American Council of Life Insurance v. Foster, 580 A.2d 448 (Pa. Cmwlth. 1990).
Declaratory Order Inappropriate
Where insurer is a defendant in a pending class action, its request for a declaratory order is inappropriate, as the relief requested will not terminate a controversy or remove uncertainty. Therefore, there is no basis for maintaining an action for a declaratory order and the request was properly denied. Independence Blue Cross v. Insurance Department, 802 A.2d 715 (Pa. Cmwlth. 2002).
Review
It was within the powers of the Board of Property to review an action for declaratory judgment regarding title to real property between private parties and the Commonwealth. Kaiser Energy, Inc. v. Department of Environmental Resources, 535 A.2d 1255 (Pa. Cmwlth. 1988).
-Statutory Basis
The petition for declaratory order authorized by 1 Pa. Code Part II assumes an underlying statutory basis for the agency’s exercise of an adjudicatory function. Sunrise Energy, LLC v. FirstEnergy Corp., 148 A.3d 894 (Pa. Cmwlth. 2016).
Cross References This section cited in 12 Pa. Code § 11.8 (relating to petitions for declaratory order); 22 Pa. Code § 351.1 (relating to purpose and scope); 34 Pa. Code § 111.15 (relating to no other pleadings allowed); 34 Pa. Code § 131.32 (relating to petitions except petitions for joinder and challenge proceedings); 34 Pa. Code § 131.121 (relating to penalty proceedings initiated by a party); 52 Pa. Code § 5.42 (relating to petitions for declaratory orders); 52 Pa. Code § 1005.22 (relating to petitions for declaratory orders); 55 Pa. Code § 41.3 (relating to definitions); 55 Pa. Code § 41.31 (relating to request for hearing); 55 Pa. Code § 41.42 (relating to request for declaratory relief); and 61 Pa. Code § 703.2 (relating to petition content).
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