68 Neb. Admin. Code, ch. 10, § 008

Current through June 17, 2024

Section 68-10-008 - Circumstances Under Which Agency will not Issue Declaratory Orders

008.01 Grounds upon which the agency shall refuse to issue a declaratory order include, but are not limited to, the following:

008.01A The petition requests a declaratory order on a matter that is outside the scope of authority of the agency;

008.01B The petition requests review or appeal of a decision made by the agency in a contested case;

008.01C The petition requests a declaratory order on the effect of past conduct;

008.01D An investigation for purposes of a formal adjudication, a contested case, or a petition to issue, amend, or repeal regulations is pending before the agency involving the petitioner on substantially the same or similar facts or issues raised in the petition;

008.01E The petition seeks a declaration that a statute or rule or regulation is unconstitutional or invalid;

008.01F The issue raised in the petition has been settled by a change in circumstances or other means so as to render moot the need for a declaratory order;

008.01G An order would substantially prejudice the rights of a person or entity who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order proceeding;

008.01H An order would not resolve the controversy or uncertainty; or

008.01I The question posed or facts presented are insufficiently specific, overly broad, or are otherwise inappropriate as a basis upon which to decide the matter.

008.02 Grounds upon which the agency may determine to refuse to issue a declaratory order include, but are not limited to, the following:

008.02A Refusal is necessary to assure adequate allocation of agency resources are available for issuing rulings on petitions raising questions of greater urgency or significance;

008.02B The question presented is of such complexity that the agency has had insufficient opportunity or resources to develop a fully matured ruling;

008.02C The petitioner fails to submit any additional information requested by the agency or submits such information after the date established by the agency;

68 Neb. Admin. Code, ch. 10, § 008

Adopted effective 3/28/2023