Section 454-6-009 - CIRCUMSTANCES UNDER WHICH DIRECTOR WILL NOT ISSUE DECLARATORY ORDERS009.01. Grounds upon which the Director shall refuse to issue a declaratory order include, but are not limited to, the following: 009.01(A). The petition requests a declaratory order on a matter that is outside the scope of authority of the Department;009.01(B). The petition requests review or appeal of a decision made by the Department in a contested case;009.01(C). The petition requests a declaratory order on the effect of past conduct;009.01(D). An investigation for purposes of a formal adjudication, a contested case, or a petition to issue, amend, or repeal a rule is pending before the Department involving the petitioner on substantially the same or similar facts or issues raised in the petition;009.01(E). The petition seeks a declaration that a statute or rule is unconstitutional or invalid;009.01(F). 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;009.01(G). 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;009.01(H). An order would not resolve the controversy or uncertainty; or009.01(I). The question posed or facts presented are insufficiently specific, overly broad, or are otherwise inappropriate as a basis upon which to decide the matter.009.02. Grounds upon which the Director may determine to refuse to issue a declaratory order include, but are not limited to, the following: 009.02(A). Refusal is necessary to assure adequate allocation of Department resources are available for issuing rulings on petitions raising questions of greater urgency or significance;009.02(B). The question presented is of such complexity that the Department has had insufficient opportunity or resources to develop a fully matured ruling;009.02(C). The petitioner fails to submit any additional information requested by the Department or submits such information after the date established by the Department.454 Neb. Admin. Code, ch. 6, § 009
Amended effective 8/19/2023