NAC233.260. Petition for declaratory order: Filing and contents; action by Commission.

     1. Except as otherwise provided in subsection 3, a person may petition the Commission for a declaratory order concerning the applicability of a statute, regulation or decision of the Commission.

     2. A petition for a declaratory order must include:

     (a) The name and address of the petitioner;

     (b) The reason for requesting the declaratory order;

     (c) A clear and concise statement of the specific issue that the petitioner wants the Commission to decide; and

     (d) A statement of the facts that relate to the issue described in paragraph (c).

     3. A person may not file a petition for a declaratory order concerning an issue in a pending administrative, civil or criminal proceeding in which the person is a party.

     4. The Commission may refuse to review a petition for a declaratory order if the petition does not contain the information required by subsection 2.

     5. The Commission may:

     (a) Conduct a hearing to determine issues of fact or to hear arguments relating to a petition for a declaratory order and issue reasonable orders to govern the conduct of a hearing.

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

     (c) Issue a declaratory order based on the contents of the petition and any material submitted with the petition.

     (d) Consider any relevant decisions of the Commission or any other entity which applies or interprets the statute, regulation or decision in question.

     (e) Consider any other information that the Commission deems relevant to the issue the Commission is deciding.

     (f) Issue any reasonable order to assist the review of the petition.

     6. The Commission will mail a copy of the declaratory order to the petitioner within 60 days after the date on which:

     (a) The petition is filed;

     (b) The Commission conducts a hearing concerning the petition; or

     (c) The Commission receives any additional information or written argument,

Ê whichever occurs later.

     7. The Commission will maintain a record of all the declaratory orders the Commission issues, and the Commission will index each declaratory order by subject matter.

     (Added to NAC by Equal Rights Comm’n by R067-06, eff. 11-16-2006)