Nebraska Administrative Code
Topic - BANKING AND FINANCE, DEPARTMENT OF
Title 49 - DEPARTMENT OF BANKING AND FINANCE
Chapter 5 - RULE OF PROCEDURE FOR DECLARATORY ACTIONS
Section 49-5-005 - DISPOSITION OF THE PETITION

Universal Citation: 49 NE Admin Rules and Regs ch 5 ยง 005

Current through March 20, 2024

005.01 Upon the filing of a petition, the Director may consider the petition, or delegate the matter to a designated hearing officer or Department representative to consider the petition and recommend a decision. In reviewing the petition, the Director or his or her designee may, in his or her discretion, do one or more of the following:

005.01A Require that additional information be submitted before the petition will be further considered;

005.01B Require a petitioner to provide notice to persons not previously notified that a request for a declaratory order has been filed with the Department;

005.01C Schedule a date, time, and location at which the petitioner and any other parties to the proceeding may make an oral presentation on the petition; or

005.01D Consider the petition and any attachments without oral presentation.

005.02 Within thirty (30) days after the petition is filed, the Department shall, in writing:

005.02A Issue an order declaring the applicability of the statute, rule, or order in question to the specified circumstances; or

005.02B Agree to issue an order by a specified time declaring the applicability of the statute, rule, or order in question to the specified circumstances; or

005.02C Set the matter for specified proceedings as set forth in Section 005.01C of this Rule; or

005.02D Decline to issue a declaratory ruling, stating the reasons for the decision.

005.03 Notwithstanding Section 005.02 of this Rule, the Department 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 Rule. The Department shall notify the petitioner and, if applicable, any intervenor or necessary party of such decision.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.