NAC232.040. Petition for declaratory order or advisory opinion: Authorization; filing; contents.

     1. Except as otherwise provided in subsection 4, an interested person may petition the Director to issue a declaratory order or advisory opinion concerning the applicability of a statute, regulation or decision of the Department or any of its divisions.

     2. The original and one copy of the petition must be filed with:

     (a) The chief who is authorized to administer or enforce the statute or regulation or to issue the decision; or

     (b) The Director, if the statute, regulation or decision is administered or enforced by the Director.

     3. The petition must include:

     (a) The name and address of the petitioner;

     (b) The reason for requesting the order or opinion;

     (c) A statement of facts that support the petition; and

     (d) A clear and concise statement of the question to be decided by the Director or chief and the relief sought by the petitioner.

     4. An interested person may not file a petition for a declaratory order or an advisory opinion concerning a question or matter that is an issue in an administrative, civil or criminal proceeding in which the interested person is a party.

     (Added to NAC by Dep’t of Commerce, eff. 12-17-87; A 5-14-92)