NAC612.720. Petition for declaratory order: Filing; contents; action by Administrator.

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

     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 Administrator.

     3. A person may not file a petition for a declaratory order concerning:

     (a) A question or matter that is an issue in a pending administrative, civil or criminal proceeding in which the person is a party; or

     (b) The benefit rights of a claimant, an employer’s liability with respect to contributions, or a determination of substantially common ownership, management or control between two or more business entities.

     4. The Administrator may refuse to review a petition that requests the issuance of a declaratory order if:

     (a) The original petition is not accompanied by two copies of the petition; or

     (b) The petition does not contain the information required by subsection 2.

     5. The Administrator 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 Administrator or any other entity which apply or interpret the statute, regulation or decision in question.

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

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

     6. The Administrator 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 Administrator,

Ê whichever occurs later.

     (Added to NAC by Employm’t Security Div. by R199-05, eff. 2-23-2006)