Haw. Code R. § 12-43-52 - Disposition

(a) The board shall consider each petition submitted and, within a reasonable time after the submission thereof, either deny the petition, stating its reason for the denial; issue a declaratory ruling on the matters contained in the petition; or set the matter for hearing or argument.

(b) The board may in its discretion refuse to issue a declaratory ruling. Without limiting the generality of the foregoing, the board may so refuse where:

(1) The question is speculative or hypothetical and does not involve existing facts or facts which are 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 ruling may adversely affect the interests of the board or any of its officers or employees in litigation which is pending or may reasonably be expected to arise;

(4) The matter is not within the jurisdiction of the board; or

(5) There is a genuine controversy of material fact, the resolution of which is necessary before any declaratory ruling may be issued.

Notes

Haw. Code R. § 12-43-52

Eff 10/21/2022 (Auth: HRS §§ 89-5, 377-11) (Imp: HRS §§ 89-5, 91-8, 377-11)