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 49-5-009 - CIRCUMSTANCES UNDER WHICH THE DEPARTMENT WILL NOT ISSUE DECLARATORY ORDERS

Universal Citation: 49 NE Admin Rules and Regs ch 5 ยง 009

Current through March 20, 2024

009.01 Grounds upon which the Department 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 Department;

009.01B The petition requests review of a decision made by the Department 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 rules involving the petitioner on substantially the same or similar facts or issues raised in the petition is pending before the Department;

009.01E The petition seeks a declaration that a statute or rule 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 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 not sufficiently specific, are overly broad, or are otherwise inappropriate as a basis upon which to decide the matter.

009.02 Grounds upon which the Department 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 Department 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 Department has had insufficient opportunity or resources to develop a fully matured ruling; or

009.02C The petitioner fails to submit any additional information requested by the Department or submits such information after the date established by the Department;

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