Nebraska Administrative Code
Topic - ATTORNEY GENERAL
Title 53 - MODEL RULES OF AGENCY PROCEDURE
Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders
Section 53-3-005 - Disposition of the Petition
Current through March 20, 2024
005.01 Generally
Upon the filing of a petition, the agency director may consider the petition, refer the petition to an appropriate licensing or governing board, or delegate the matter to a designated hearing officer, board, or agency employee to consider the petition and recommend a decision to the agency director. In reviewing the petition, the agency may, in its discretion, do one or more of the following:
005.02 Within thirty (30) days after the petition is filed, the agency shall, in writing:
005.03 Notwithstanding section 005.02 of this rule, the agency may determine at any time that it will not issue a declaratory order if issuance of an order under the circumstances would be contrary to any provisions of section 009 of this Chapter. The agency shall notify the petitioner and, if applicable, any intervenor or necessary party in writing when the agency determines not to issue a declaratory order.