Section 70-13-009 - Circumstances Under Which Agency Will Not Issue Declaratory Orders009.01 Grounds upon which the agency shall refuse to issue a declaratory order include, but are not limited to, the following:009.01A The petition requests a declaratory order on a matter that is outside the scope of authority of the agency;009.01B The petition requests review or appeal of a decision made by the agency in a contested case;009.01C The petition requests a declaratory order on the effect of past conduct;009.01D 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;009.01E The petition seeks a declaration that a statute or rule or regulation is unconstitutional or invalid;009.01F 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: 009.01G 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;009.01H An order would not resolve the controversy or uncertainty; or009.01I The question posed or facts presented are insufficiently specific, overly broad, or are otherwise inappropriate as a basis upon which to decide the matter.009.02 Grounds upon which the agency determine to refuse to issue a declaratory order include, but are not limited to, the following:009.02A Refusal is necessary to assure adequate allocation of agency resources70 Neb. Admin. Code, ch. 13, § 009