NAC232.050. Petition for declaratory order or advisory opinion: Action by Department; record and notice of order or opinion.

     1. The Director or a chief may refuse to review a petition which requests him or her to issue a declaratory order or advisory opinion if:

     (a) The original petition is not accompanied by one copy of the petition; or

     (b) The petition does not contain the information required by NAC 232.040.

     2. The Director or chief with whom the petition is filed may:

     (a) Conduct an informal hearing to determine issues of fact or to hear argument related to the petition and may enter reasonable orders that govern the conduct of such a hearing.

     (b) Request the petitioner to provide additional information or arguments relating to the petition.

     (c) Issue a declaratory order or an advisory opinion based upon the contents of the petition and any material submitted with the petition.

     (d) Consider relevant decisions that have been issued by the Department or division which apply or interpret the statute, regulation or decision in question.

     (e) Enter any reasonable order to assist his or her review of the petition.

     3. The Director or chief with whom the petition is filed will maintain a record of the order or opinion that is indexed by subject matter and mail a copy of the order or opinion to the petitioner within 60 days after:

     (a) The petition is filed;

     (b) The petition is referred to the Director for decision;

     (c) An informal hearing is conducted; or

     (d) Any additional information or written argument is received by the Director or the chief,

Ê whichever occurs later.

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