Section 305-3-009 - Circumstances Under Which Commission will not Issue Declaratory Orders009.01 Grounds upon which the Commission shall refuse to issue a declaratory order include, but are not limited to, the following: 009.01A The petition requests a declaratory order on a matter that is outside the scope of authority of the Commission;009.01B The petition requests review or appeal of a decision made by the Commission in a contested case;009.01C The petition requests a declaratory order on the effect of past conduct;009.01D An investigation for purposes of a formal adjudication, a contested case, or a petition to issue, amend, or repeal regulations is pending before the Commission involving the petitioner on substantially the same or similar facts or issues raised in the petition;009.01E The petition seeks a declaration that a statute or rule or regulation is unconstitutional or invalid;009.01F 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;009.01G 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;009.01H An order would not resolve the controversy or uncertainty; or009.01I 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 Commission may determine to refuse to issue a declaratory order include, but are not limited to, the following: 009.02A Refusal is necessary to assure adequate allocation of Commission resources are available for issuing rulings on petitions raising questions of greater urgency or significance;009.02B The question presented is of such complexity that the Commission has had insufficient opportunity or resources to develop a fully matured ruling;009.02C The petitioner fails to submit any additional information requested by the Commission, hearing officer, or Agency employee or submits such information after the date established in the request.305 Neb. Admin. Code, ch. 3, § 009