236 Neb. Admin. Code, ch. 1, § 006
Any interested person may petition the Commission requesting the promulgation, amendment, or repeal of any rule. Such requests shall be submitted in written form to the Director by certified mail. The petition shall cite the rule to be amended or repealed, and shall set forth the text of the rule or rules proposed for promulgation or amendment. Petitions shall be dated and include the original signatures and mailing addresses of the individuals presenting the petition. Petitions shall also include a statement of purpose for the proposed rule or rule change. Petitions may include, as attachments, additional supporting material.
Rules proposed for promulgation, amendment or repeal by petition shall be considered by the Commission at its next regularly scheduled meeting, provided that the petition is received not less than 5 days prior to the meeting. Petitions which are not received in time to be included on the Commission's agenda shall be carried to the agenda of the next scheduled meeting of the Commission. Decisions of the Commission concerning proposed rules or rule changes presented by petition shall be announced in writing with a copy of the decision mailed to each petitioner. In the event that the petitioner, or petitioners, choose to contest the decision of the Commission, a hearing shall be provided at such time and place designated by the Commission. The petitioner, or petitioners, shall be provided reasonable notice in writing of the time and place for the hearing, and shall be provided an opportunity to present testimony and evidence. An official record of the proceedings shall be provided by the Commission, including the testimony and exhibits offered at the hearing.
Any rule or rule changes proposed as a result of a petition shall, if approved or amended by the Commission, be adopted in the same manner as any other rule or rule change.
On petition of any interested person, the Commission may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule enforceable by it. A declaratory ruling of the Commission, if issued after argument and stated to be binding, is binding between the Commission and the petitioner on the state of facts alleged unless it is altered or set aside by a court. Such a ruling shall be subject to review in the manner provided by statute for the review of decisions in contested cases.
Petitions for a declaratory ruling shall be delivered in written form to the Director by certified mail. The petition shall be dated and include the original signatures and mailing addresses of the individuals presenting the petition. The petition shall include the statement of request for a ruling, reasons for the request, the questions to be considered and supporting evidence.
Petitions for a declaratory ruling shall be considered by the Commission at its next regularly scheduled meeting, provided that the petition is received not less than 5 days prior to the meeting. Petitions not received in time to be included on the Commission's agenda shall be carried to the agenda of the next scheduled Commission meeting. Rulings of the Commission requested by petition shall be announced in writing with a copy mailed to each petitioner. Petitioners shall be provided an opportunity to present testimony before the Commission. Notification shall be provided concerning the date, time and place for consideration of the petition for declaratory ruling.
236 Neb. Admin. Code, ch. 1, § 006