NAC288.410. Consideration by Board.

     1. The Board may, for good cause, refuse to issue a declaratory order if:

     (a) The question is speculative or purely hypothetical and does not involve existing facts or facts that can reasonably be expected to exist in the near future;

     (b) The petitioner’s interest is not of the type which would give him standing to maintain an action if he were to seek judicial relief;

     (c) The issuance of the declaratory order may adversely affect the interest of the Board or any of its officers or employees in a litigation which is pending or may reasonably be expected to arise; or

     (d) The matter is not within the jurisdiction of the Board.

     2. The Board will consider each petition submitted for a declaratory order and will, within a reasonable time after the submission:

     (a) Deny the petition in a written statement containing the Board’s reasons for the denial;

     (b) Set the matter for hearing and proceed according to NAC 288.280 to 288.370, inclusive; or

     (c) Issue a declaratory order on the matters contained in the petition.

     3. The Board may issue a declaratory order without holding a hearing on a petition which has been opposed if all of the legal issues raised by the petition have been previously decided by the Board and the Board adopts its previous decision or decisions as precedent.

     4. The Board may order a hearing on an unopposed petition for a declaratory order if it is in the best interests of those who may be affected by the order.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 8.06, eff. 11-12-71; A and renumbered as No. 4.06, 1-10-73; A 8-31-79; No. 8.07, eff. 11-12-71; A and renumbered as No. 4.08, 1-10-73; A and renumbered as No. 4.075, 8-31-79; No. 8.08, eff. 11-12-71; A and renumbered as No. 4.09, 1-10-73; No. 4.08, eff. 8-31-79]