Haw. Code R. § 11-201-22 - Refusal to Issue a Declaratory Order

The council, for good cause, may refuse to issue a declaratory order with specific reasons for the determination. Without limiting the generality of the foregoing, the council may so refuse where:

1. The question is speculative or purely hypothetical and does not involve existing facts, or facts that can 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 judicial relief is sought;

3. The issuance of the declaratory order may affect the interests of the council in a litigation that is pending or may reasonably be expected to arise; and

4. The matter is not within the jurisdiction of the council.

Notes

Haw. Code R. § 11-201-22

[Eff 12/6/85] (Auth: HRS §§ 91-2, 91-8, 343-6) (Imp: HRS §§ 91-2, 91-8, 343-6)