NAC607.670. Petition for declaratory order: Filing; contents; action by Commissioner.

     1. Except as otherwise provided in subsection 3, a person may file a petition with the Commissioner requesting that he issue a declaratory order concerning the applicability of a statute, regulation or decision of the Commissioner.

     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 statement of the facts that support the petition for a declaratory order; and

     (d) A clear and concise statement of the question or matter to be decided by the Commissioner.

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

     4. The Commissioner may refuse to review a petition that requests the issuance of a declaratory order if the original petition is not accompanied by two copies of the petition as required by NAC 607.150 or the petition does not contain the information required by subsection 2.

     5. The Commissioner may:

     (a) Conduct a hearing to determine issues of fact or to hear arguments relating to a petition for a declaratory order and may enter reasonable orders that govern the conduct of the 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 relevant decisions that have been issued by the Commissioner or any other entity which apply or interpret the statute, regulation or decision in question.

     (e) Consider any other information he determines is relevant to the question or matter to be decided by the Commissioner.

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

     6. The Commissioner will maintain a record of the declaratory order that is indexed by subject matter and will mail a copy of the declaratory order to the petitioner within 60 days after:

     (a) The petition is filed;

     (b) A hearing is conducted concerning the petition; or

     (c) Any additional information or written argument is received by the Commissioner,

Ê whichever occurs later.

     (Added to NAC by Labor Comm’r by R134-03, eff. 12-4-2003)