Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 6 - DECLARATORY ORDERS
Section 454-6-008 - ISSUANCE OF DECLARATORY ORDER

Universal Citation: 454 NE Admin Rules and Regs ch 6 ยง 008

Current through September 17, 2024

008.01. The Director shall issue its declaratory order within sixty (60) days of the date on which the petition was filed unless otherwise provided for in section 005 of this chapter.

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

008.02(A). The names of all parties to the proceeding;

008.02(B). The facts upon which the order is based;

008.02(C). The statute, rule, or order at issue in the matter;

008.02(D). The Director's conclusion as to the applicability of the statute, rule, or order to the facts;

008.02(E). The Director's conclusion as to the legal effect or result of applying the statute, rule, or order to the facts; and

008.02(F). The reasons relied upon by the Director to support his/her conclusions.

008.03. A copy of the declaratory order shall be served upon each party.

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

008.05. No Response within 60 Days. If the Director 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 Director.

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