NAC439B.630. Issuance of declaratory order or advisory opinion: Time for issuance; tolling of time for issuance; consolidated petitions.

     1. Except as otherwise provided in subsections 2 and 3, the director or his designee will issue a declaratory order or advisory opinion pursuant to NAC 439B.600 to 439B.640, inclusive, within 60 days after the date on which a petition for a declaratory order or petition for an advisory opinion is filed.

     2. The running of the time period for the issuance of a declaratory order or advisory opinion provided in subsection 1 shall be deemed to be tolled under the following circumstances:

     (a) If the director or his designee requests that the petitioner submit additional information to the director or his designee after the date the petition for a declaratory order or advisory opinion was filed. The running of the time period for the issuance of a declaratory order or advisory opinion provided in subsection 1 shall be deemed to be tolled from the date the director or his designee mails the request for additional information to the petitioner until 30 days after the date on which the director or his designee receives the additional information from the petitioner.

     (b) If the petitioner, without receiving a request for additional information from the director or his designee, submits additional information to the director or his designee after the date the petition for a declaratory order or advisory opinion was filed. The running of the time period for the issuance of a declaratory order or advisory opinion provided in subsection 1 shall be deemed to be tolled from the date the additional information is received until 30 days after the date on which the director or his designee receives the additional information from the petitioner.

     3. When the director or his designee decides to consolidate two or more petitions for an advisory opinion and issue a declaratory order, the director or his designee will set a date for the issuance of the declaratory order which will allow for proper consideration of the issues and which may reasonably exceed 60 days after the dates on which each petition for an advisory opinion to be consolidated was filed. The director or his designee will notify each petitioner by mail of the date set for the issuance of the declaratory order.

     (Added to NAC by Dep’t of Human Resources, eff. 7-7-94)