305 Neb. Admin. Code, ch. 3, § 005

Current through September 17, 2024

Section 305-3-005 - Disposition of the Petition

005.01 Generally

Upon the filing of a petition, acting on behalf of the Commission, the Director or, by the Director's delegation, another Agency employee or a hearing officer may review the petition and recommend a decision to the Commission. In reviewing the petition, the Director or his or her designee, may in his or her discretion, do one or more of the following:

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

005.01B 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 Commission;

005.01C On behalf of the Commission, 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 as set forth in subsection 005.02C of this Chapter;

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

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

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

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

005.02C Set the matter for specified proceedings as set forth in subsection 005.01 of this Chapter; or

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

005.03 Notwithstanding section 005.02 of this rule, the Commission may determine at any time that it 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 Commission shall notify the petitioner and, if applicable, any intervener or necessary party in writing when the Commission determines not to issue a declaratory order.

305 Neb. Admin. Code, ch. 3, § 005