Nebraska Administrative Code
Topic - CORRECTIONAL SERVICES, DEPARTMENT OF
Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES
Chapter 10 - PETITION FOR DECLARATORY ORDER
Section 68-10-007 - Issuance of Declaratory Order

Universal Citation: 68 NE Admin Rules and Regs ch 10 ยง 007

Current through September 17, 2024

007.01 The agency shall issue its declaratory order within sixty (60) days of the date on which the petition was filed.

007.02 The declaratory order shall be in writing and shall include the following:

007.02A The names of all parties to the proceeding upon which the order is based;

007.02B The facts upon which the order is based;

007.02C The statute, regulation, rule, or order at issue in the matter;

007.02D The agency's conclusion as to the applicability of the statute, regulation, rule, or order to the facts;

007.02E The agency's conclusion as to the legal effect or result of applying the statute, regulation, rule, or order to the facts; and

007.02F The reasons relied upon by the agency to support its conclusions.

007.03 A copy of the declaratory order shall be served upon each party by certified mail, return receipt requested.

007.04 Effect of Declaratory Order. A declaratory order shall have the same status and binding effect as any other order issued in a contested case.

007.05 No Response within 60 Days. If the agency has not issued a declaratory order within sixty (60) days after the petition has been filed, then the petition shall be deemed to have been denied by the agency.

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