Haw. Code R. § 12-44-33 - Refusal to issue declaratory order

The council for good cause may refuse to issue a declaratory order. 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 an existing situation or one which may reasonably be expected to occur 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 the petitioner were to seek judicial relief;

(3) The issuance of the declaratory order may adversely affect the interest of the State, the council, or any of the officers or employees in any litigation which is pending or may reasonably be expected to arise; or

(4) The petition requests a ruling on a statute not administered by the council or the matter is not otherwise within the jurisdiction of the council.

Where any question of law is involved, the council may refer the matter to the attorney general. The council may also obtain the assistance of other agencies, where necessary or desirable.

Notes

Haw. Code R. § 12-44-33

[Eff JUN 6 1986] (Auth: HRS § 132-16) (Imp: HRS § 132-16)