Haw. Code R. § 11-185-76 - Refusal to issue declaratory order

The agency may, for good cause, refuse to issue a declaratory order. Good cause includes, but is not limited to, a finding by the agency that:

(1) The question is speculative or purely hypothetical and does not involve existing facts or facts that can reasonably be expected to exist in the near future;

(2) The petitioner's interest is not of the type that would give the petitioner standing to maintain an action if the petitioner were to seek judicial relief;

(3) The issuance of the declaratory order may adversely affect the interests of the agency or any of its employees in litigation that is pending or may reasonably be expected to arise; or

(4) The matter is not within the jurisdiction of the agency.

Notes

Haw. Code R. § 11-185-76

[Eff. FEB 09 1981] (Auth: HRS Sec 91-8) (Imp: HRS Sec. 91-8)