Haw. Code R. § 11-271-201 - Declaratory rulings

(a) Any interested person may petition the department for a declaratory order as to the applicability of any statutory provision or of any rule or order of the department.

(b) The petition shall be prepared on a form furnished by the department.

(c) The petition shall contain the following:

(1) The name, address, and telephone number of the petitioner;

(2) A statement of the nature of the petitioner's interest, including reasons for submission of the petition;

(3) A designation of the specific statute, rule, or order in question;

(4) A clear and concise statement of the position or contention of the petitioner;

(5) A memorandum of authorities, containing a full discussion of the reasons, including legal authorities, in support of such position or contention; and

(6) The signature of each petitioner.

(d) Any petition which does not conform to the foregoing requirements may be rejected.

(e) Any party may intervene subject to the provisions of section 11-271-111.

(f) The department may, for good cause, refuse to issue a declaratory order. Without limiting the generality of the foregoing, the department may so refuse where:

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

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

(3) The issuance of the declaratory order may adversely affect the interests of the department or any of its officers or employees in a litigation or administrative matter which is pending or may reasonably be expected to arise; or

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

(g) The department shall consider each petition submitted and, within a reasonable time after the submission thereof, either deny the petition in writing, stating its reason for such denial, or issue a declaratory order on the matters contained in the petition.

(h) Hearing.

(1) Although in the usual course of processing a petition for a declaratory ruling no formal hearing shall be granted to the petitioner, the department may, sua sponte, order a contested case hearing on the petition.

(2) Any petitioner who desires a hearing on a petition for declaratory ruling shall set forth in detail in a written request the reasons why the matters alleged in the petition, together with supporting affidavits or other written evidence and briefs or memoranda or legal authorities, will not permit the fair and expeditious disposition of the petition and, to the extent that such request for hearing is dependent upon factual assertion, shall accompany such request by affidavit establishing such facts.

(i) Any hearing held on a petition for declaratory ruling shall comply with the rules in subchapter B of this chapter except that the petitioner shall be the complainant and the petition filed in compliance with this section shall be treated as the complaint.

(j) An order disposing of a petition shall be applicable only to the factual situation alleged in the petition or set forth in the order. The order shall not be applicable to different factual situations or where additional facts not considered in the order exist. Such order shall have the same force and effect as other orders issued by the department.

Notes

Haw. Code R. § 11-271-201

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35, 91-8) (Imp: None)