Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 6 - DECLARATORY ORDERS
Section 454-6-003 - PETITION FOR DECLARATORY ORDER
Current through March 20, 2024
003.01. GENERALLY. A request for a declaratory order must be made by a petition that meets the requirements of this section.
003.02. WHO MAY FILE. Any person may petition the Department for issuance of a declaratory order regarding the applicability to specified circumstances of a statute, rule, or order which is within the primary jurisdiction of the Department.
003.03. WHEN ORDERS APPROPRIATE. A declaratory order may be requested on the applicability of a statute, rule, or order enforced by the Department. "Applicability" refers to the appropriateness of the relation of the law to the person, property, or state of facts, or its relevance under the circumstances given. It may include such questions as whether the law applies at all, to whom it applies, when it applies, how it applies, or which law applies. Considerations as to whether issuance of a declaratory order is appropriate include:
003.04. FORM OF PETITION. A petition for declaratory order shall be in the form of a pleading (see Attachment 1 to this rule incorporated by reference to this rule) which shall contain each of the following:
003.05. CONTENTS OF PETITION. To be considered, the petition shall include the following:
003.06. The petition shall be subscribed and verified by the petitioner. If the petitioner is a corporation, political subdivision, or other entity, then the petition shall be subscribed and verified by a duly authorized agent of the petitioning entity.
003.07. SAMPLE PETITION. The petitioner may use the sample form of a petition which is Attachment 1 and incorporated within this chapter. The petitioner may also prepare a reasonable facsimile of Attachment 1 so long as the requirements of subsections 003.04, 003.05, and 003.06 of this chapter are satisfied.
003.08. WRITTEN CONSENTS. The petitioner shall also attach to the petition any written consents obtained from any necessary party that the petition may be determined by use of a declaratory order proceeding.