R600-1-4. Reviewability  


Latest version.
  • The agency shall not issue a declaratory order if the subject matter is:

    A. not within the jurisdiction and competence of the agency;

    B. frivolous, trivial, irrelevant, or immaterial;

    C. 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;

    D. 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

    E. otherwise excluded by state or federal law.