NAC641C.640. Petition for declaratory order or advisory opinion: Action by Board.

     1. Upon receiving a petition for a declaratory order or an advisory opinion, the Board will place the matter on the agenda for discussion at the next regularly scheduled meeting of the Board. If a petition for a declaratory order or an advisory opinion is filed with the Board within the 10 days immediately preceding the date of the next regularly scheduled meeting of the Board, the petition will be placed on the agenda for discussion at the following regularly scheduled meeting of the Board.

     2. After discussing and considering a petition for a declaratory order or an advisory opinion at its meeting, the Board will grant or deny the petition. If the Board denies a petition for a declaratory order or an advisory opinion, the Board will take no further action on the matter.

     3. If the Board grants a petition for a declaratory order or an advisory opinion, the Board will issue a declaratory order or an advisory opinion on the matters raised in the petition for a declaratory order or an advisory opinion not later than 90 days after the date on which the Board grants the petition, except that the Board may extend the period by which it will issue the declaratory order or advisory opinion to not more than 120 days if good cause exists for such an extension. The Board may schedule a hearing on any issue raised in a petition for a declaratory order or an advisory opinion before the Board issues its declaratory order or advisory opinion. The Board will consider such a hearing as being sufficient good cause to warrant an extension for issuing its declaratory order or advisory opinion.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)