Nebraska Administrative Code
Topic - CORRECTIONAL SERVICES, DEPARTMENT OF
Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES
Chapter 10 - PETITION FOR DECLARATORY ORDER
Section 68-10-004 - Disposition of the Petition

Universal Citation: 68 NE Admin Rules and Regs ch 10 ยง 004

Current through September 17, 2024

004.01 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:

004.01A Require that additional information be submitted before the petition will be further considered;

004.01B Require a petitioner to provide notice to persons or entities who may be necessary parties and other persons that a request for a declaratory order has been filed with the agency;

004.01C 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;

004.01D Consider the petition and any attachments without oral presentation.

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

004.02A Issue an order declaring the applicability of the statute, regulation, rule, or order in question to the specified circumstances; or

004.02B Agree to issue an order by a specified time declaring the applicability of the statute, regulation, rule, or order in question to the specified circumstances; or

004.02C Set the matter for specified proceedings as set forth in subsection 004.01 of this Chapter; or

004.02D Decline to issue a declaratory ruling, stating the reasons for the agency's decision.

004.03 Notwithstanding section 004.02 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 008 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.

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