Nebraska Administrative Code
Topic - NATURAL RESOURCES, DEPARTMENT OF
Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE
Chapter 6 - DECLARATORY ORDERS
Section 454-6-009 - CIRCUMSTANCES UNDER WHICH DIRECTOR WILL NOT ISSUE DECLARATORY ORDERS

Universal Citation: 454 NE Admin Rules and Regs ch 6 ยง 009

Current through March 20, 2024

009.01. Grounds upon which the Director shall refuse to issue a declaratory order include, but are not limited to, the following:

009.01(A). The petition requests a declaratory order on a matter that is outside the scope of authority of the Department;

009.01(B). The petition requests review or appeal of a decision made by the Department in a contested case;

009.01(C). The petition requests a declaratory order on the effect of past conduct;

009.01(D). An investigation for purposes of a formal adjudication, a contested case, or a petition to issue, amend, or repeal a rule is pending before the Department involving the petitioner on substantially the same or similar facts or issues raised in the petition;

009.01(E). The petition seeks a declaration that a statute or rule is unconstitutional or invalid;

009.01(F). The issue raised in the petition has been settled by a change in circumstances or other means so as to render moot the need for a declaratory order;

009.01(G). An order would substantially prejudice the rights of a person or entity who would be a necessary party and who does not consent in writing to the determination of the matter by a declaratory order proceeding;

009.01(H). An order would not resolve the controversy or uncertainty; or

009.01(I). The question posed or facts presented are insufficiently specific, overly broad, or are otherwise inappropriate as a basis upon which to decide the matter.

009.02. Grounds upon which the Director may determine to refuse to issue a declaratory order include, but are not limited to, the following:

009.02(A). Refusal is necessary to assure adequate allocation of Department resources are available for issuing rulings on petitions raising questions of greater urgency or significance;

009.02(B). The question presented is of such complexity that the Department has had insufficient opportunity or resources to develop a fully matured ruling;

009.02(C). The petitioner fails to submit any additional information requested by the Department or submits such information after the date established by the Department.

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