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5.4 Declaratory Ruling on Agency's Own )tion <br />Notwithstanding th.e other provisions of this part, the Agency may, on its own motion or <br />upon request but without notice or hearing, issue a declaratory order to terminate a <br />controversy or to remove uncertainty. <br />5.5 Refusal to Issue Declaratory Order <br />The .Agency may, for good cause, rellise to issue a declaratory order with specific reasons <br />for such determination. Without limiting the generality of the foregoing, the Agency may. <br />so refuse where: <br />a. the question is speculative or purely hypothetical and does not involve existing <br />facts, or facts that can be expected to exist in the near future; <br />b. the petitioner's interest is not of the type that would give him standing to maintain <br />an action if he were to seek judicial relief; <br />c. the issuance of the declaratory order may affect the interests of the Agency in a <br />litigation that is pending or may reasonably he expected to arise; or <br />d. the matter is not within the jurisdiction of the Agency. <br />21 <br />