Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 6 - DECLARATORY ORDERS
Section 454-6-005 - DISPOSITION OF THE PETITION

Universal Citation: 454 NE Admin Rules and Regs ch 6 ยง 005

Current through September 17, 2024

005.01. GENERALLY. Upon the filing of a petition, the Director may consider the petition, or delegate the matter to a designated hearing officer, or Department employee to consider the petition and recommend a decision to the Director. In reviewing the petition, the Director may, in his/her discretion, do one or more of the following:

005.01(A). Require that additional information be submitted before the petition will be further considered;

005.01(B). 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;

005.01(C). 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;

005.01(D). Consider the petition and any attachments without oral presentation.

005.02. Within thirty (30) days after the petition is filed, the Director shall, in writing:

005.02(A). Issue an order declaring the applicability of the statute, rule, or order in question to the specified circumstances; or

005.02(B). Agree to issue an order by a specified time declaring the applicability of the statute, rule, or order in question to the specified circumstances; or

005.02(C). Set the matter for specified proceedings as set forth in subsection 005.01 of this chapter; or

005.02(D). Decline to issue a declaratory ruling, stating the reasons for the Director's decision.

005.03. Notwithstanding section 005.02 of this rule, the Director may determine at any time that he/she will not issue a declaratory order if issuance of an order under the circumstances would be contrary to any provisions of section 009 of this chapter. The Director shall notify the petitioner and, if applicable, any intervenor or necessary party in writing when the Director determines not to issue a declaratory order.

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