§ 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).

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).



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.