Nebraska Administrative Code
Topic - ATTORNEY GENERAL
Title 53 - MODEL RULES OF AGENCY PROCEDURE
Chapter 3 - Model Regulations and Procedures Governing Agency Declaratory Orders
Section 53-3-009 - Circumstances Under Which Agency will not Issue Declaratory Orders
Universal Citation: 53 NE Admin Rules and Regs ch 3 ยง 009
Current through March 20, 2024
009.01 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; or
009.01I 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 may 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 resources are available for issuing rulings on
petitions raising questions of greater urgency or significance;
009.02B The question presented is of such
complexity that the agency has had insufficient opportunity or resources to
develop a fully matured ruling;
009.02C The petitioner fails to submit any
additional information requested by the agency or submits such information
after the date established by the agency;
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