Haw. Code R. § 13-1-27 - Petition for declaratory ruling

(a) On the petition of an interested person, the board may issue a declaratory order regarding the applicability of any statutory provision or of any rule or order of the board.

(b) 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 provision, 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.

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

(d) The board may order the petitioner to give notice of the petition to designated persons and the public or may itself provide such notice.

(e) In its discretion, the board may permit interested persons to intervene in proceedings for declaratory orders when it finds that such participation will assist the board in its consideration of the matter.

(f) The board may, for good cause, refuse to issue a declaratory order. Without limiting the generality of the foregoing, the board 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 board or any of its officers or employees in litigation which is pending or may reasonably be expected to arise; or

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

(g) The board 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 board may, in its discretion, order such proceeding set down for hearing.

(2) Any petitioner or person admitted as an intervenor 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 factors.

(i) If the board orders a hearing it may require the petitioner to give notice of the hearing to designated persons or to the public or may itself provide such notice. In the event a hearing is ordered by the board, §§ 91-9 through 91-13, HRS, shall govern the proceeding.

(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 board.

(k) Notwithstanding the other provisions of this section, the board may, on its own motion or upon request but without notice or hearing, issue a declaratory order to terminate a controversy or to remove uncertainty.

Notes

Haw. Code R. § 13-1-27

[Eff 6/22/81; am 9/7/82; am and comp 2/27/09] (Auth: HRS § 171-6) (Imp: HRS §§ 91-8, 92-16)