Section 297-3-005 - Disposition of the Petition005.01 GenerallyUpon the filing of a petition, the agency director, acting on behalf of the Board, may consider the petition, refer the petition to the agency attorney, and recommend a decision to the Board. In reviewing the petition, the Board may, in its 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 agency;005.01C On behalf of the Board 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 005.01 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 Board shall, in writing:005.02A Issue an order declaring the applicability of the statute, regulation, rule, or order in question to the specified circumstances; or005.02B 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; or005.02C Set the matter for specified proceedings as set forth in subsection 005.0.1 of this Chapter; or005.02D Decline to issue a declaratory ruling, stating the reasons for the Board's decision.005.03 Notwithstanding section 005.02 of this rule, the Board 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 Board shall notify the petitioner and, if applicable, any intervenor or necessary party in writing when the Board determines not to issue a declaratory order.297 Neb. Admin. Code, ch. 3, § 005