Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 465 - INTRODUCTION TO THE PROGRAM MANUAL
Chapter 5 - REQUEST FOR A DECLARATORY ORDER
Section 465-5-005 - Disposition of the Petition

Universal Citation: 465 NE Admin Rules and Regs ch 5 ยง 005

Current through March 20, 2024

005.01 General Requirements:

Upon the filing of a petition, the 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 Department employee to consider the petition and recommend a decision to the Director. In reviewing the petition, the Department may, in its discretion, do one or more of the following:

1. Require that additional information be submitted before the petition will be further considered.

2. 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 Department.

3. 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.

4. Consider the petition and any attachments without oral presentation.

005.02 Requirements Within 30 Days:

Within 30 days after the petition is filed, the Department shall, in writing:

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

2. 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.

3. Set the matter for specified proceedings as set forth in 465 NAC 5-005.01; or

4. Decline to issue a declaratory ruling, stating the reasons for the Department's decision.

005.03 Decision Not to Issue a Declaratory Order:

Notwithstanding 465 NAC 5005.02, 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 465 NAC 5-006.02. The Department shall notify the petitioner and, if applicable, any intervenor or necessary party in writing when the Department determines not to issue a declaratory order.

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.
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