Haw. Code R. § 12-1-5 - Petition for declaratory ruling
(a) On petition of
an interested person or agency, the director may issue a declaratory order as
to the applicability of any statutory provision, administrative rule, or order
of the director. Petitions shall:
(1) State
clearly and concisely the controversy or uncertainty;
(2) Shall cite the statutory authority
involved; and
(3) Shall include a
complete statement of the facts and the reasons prompting the petition,
together with full disclosure of petitioner's interest.
(b) Upon receipt of the petition, the
director may require the petitioner to file additional data or memoranda in
support of the position taken by the petitioner.
(c) The director, without notice or hearing,
may dismiss a petition for declaratory ruling for want of a substantial
question or for material failure to comply with the requirements of this
section, and the petitioner will be so notified in writing.
(d) Although no hearing need be granted to
the petitioner or to any interested person in the usual course of disposition
of a petition for a declaratory ruling, the director may order a hearing upon
written request of the petitioner stating in detail why a hearing is necessary
for a fair consideration of the petition.
(e) Notwithstanding any other provisions of
this section, the director may issue a declaratory order to terminate a
controversy or to remove uncertainty.
Notes
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