Current through September 17, 2024
Section 49-5-004 - SUBMISSION AND SERVICE OF DECLARATORY ORDER PETITION004.01 The original petition for declaratory order shall be filed with the Director by mail or in person during the Department's normal business hours.004.02 The petition shall be deemed as filed when it is actually received by the Department. The Department shall date stamp all petitions upon receipt.004.03 Within five (5) days of the date that the petition is filed with the Department, the petitioner shall serve a copy of the petition, by certified mail, return receipt requested, on all necessary parties, including all persons who are known to have or claim any interest, legal right, duty, privilege, or immunity which would be directly affected by issuance of a declaratory order in this matter by the Department. The petitioner may request an alternative means of service if the petitioner can demonstrate that service by certified mail is not feasible and the requested alternative means of services has as great of a likelihood of notification of all necessary parties as certified mail. 004.03A The petitioner shall include a list of the names or categories of entities of all necessary parties to the declaratory action with the petition when filed with the Department. The Department may require the petitioner to notify additional parties if it determines the list has not identified all necessary parties.004.03B The petitioner shall file with the Department proof of service on all necessary parties identified in the petition.49 Neb. Admin. Code, ch. 5, § 004