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4.1411 Nonissuance of declaratory order.

Cite as [A.S.A.C. § 4.1411 ]

The board, for good cause, may refuse to issue a declaratory order. Without limiting the general application of the foregoing, the board may so refuse where:

(a) the question is speculative or purely hypothetical and does not involve an existing situation or a situation which may reasonably be expected to occur in the near future;

(b) the petitioner's interest is not of the type which confers sufficient standing to maintain an action in a court of law;

(c) the issuance of the declaratory order may adversely affect the interest of the Territory, the board, or any officer or employee of the territory involving in pending litigation or litigation which may reasonably be expected to arise; or

(d) the petition requests a ruling on a statutory provision not administered by the board or the matter is not otherwise within the jurisdiction of the board.

History: Rule 11-87, eff 17 Jun 87.