Current through September 17, 2024
Section 4-1-(4) - DECLARATORY RULINGS(a) PETITION-FORM: A petition for a declaratory ruling may be filed by any interested person with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Commission. The petition shall: (1) show the venue, to wit: "Before the Nebraska Accountability and Disclosure Commission"; (2) contain a heading specifying the subject matter, the name and address of the petitioner and, if any, the names and addresses of all other parties whom the petitioner alleges to have or claim an interest which would be affected by the disposition of the petition by the Commission; (3) contain a statement of the grounds upon which the Commission's authority or jurisdiction depends; (4) contain a specific statement averring the legal capacity of the petitioner to instigate the proceedings; (5) set forth all material facts upon which the declaratory ruling is requested and a demand for the relief to which the petitioner supposes himself entitled; and (6) be signed by the petitioner or by his or her attorney in which case the attorney shall also state his or her address.(b) PROCEDURE AND EVIDENCE: Except as otherwise provided in this Section, matters of procedure and evidence pertaining to a proceeding for a declaratory ruling shall be governed by §1-(6).(c) WHEN REFUSED: The Commission is not bound to issue a declaratory ruling and may refuse to issue a declaratory ruling where such ruling, if issued, would not terminate the uncertainty or controversy giving rise to the proceeding or where the petitioner seeks a declaratory ruling applicable to a class.(d) DISPOSITION: Parties or their attorneys of record to a declaratory ruling proceeding shall be notified of the decision and order of the Commission, if issued, by certified mail, return receipt requested.4 Neb. Admin. Code, ch. 1, § (4)