R123-4-4. Reviewability

A. The agency may not issue a declaratory order if the subject matter is:

1. not within the jurisdiction and expertise of the agency;

2. frivolous, trivial, irrelevant or immaterial;

3. likely to substantially prejudice the rights of a person who would be a necessary party, unless that person consents in writing to the determination of the matter by a declaratory proceeding;

4. one in which the person requesting the declaratory order has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; or

5. otherwise excluded by state and federal law.