Haw. Code R. § 12-43-54 - Declaratory ruling

(a) The board shall issue and serve upon the petitioner and each other party to the proceeding, if any, a decision and order, which shall include appropriate findings of fact and conclusions of law.

(b) All declaratory rulings issued by the board shall be based upon the whole record and supported by substantial evidence, including those matters which the board took notice of pursuant to section 12-43-32(e).

(c) A declaratory ruling or an order disposing of a petition shall be applicable only to the factual situation alleged in the petition or set forth in the declaratory ruling or order disposing of the petition. The declaratory ruling or order disposing of the petition shall not be applicable to different factual situations or where additional facts not considered in the declaratory ruling or order disposing of the petition exist.

Notes

Haw. Code R. § 12-43-54

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