Haw. Code R. § 14-2-3 - Declaratory ruling

(a) Any interested person may petition the department of human resources development for a declaratory order as to the applicability of any statute which the department administers or of any rule or order of the department.

(b) The petition shall be submitted in duplicate to the department of human resources development. It shall contain:

(1) The name, address and telephone number of the petitioner;

(2) A statement of the nature of petitioner's interest, including reasons for the submission of the petition;

(3) A designation of the specific provision, rule, or order in question;

(4) A complete statement of the relevant facts;

(5) A statement of the position or contention of the petitioner; and

(6) A memorandum of authorities, containing a full discussion of the reasons, including any-legal authorities, in support of such position or contention.

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

(d) The department of human resources development may, for good cause, refuse to issue a declaratory-ruling. Without limiting the generality of the foregoing, the department of human resources development 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 in action if the petitioner was to seek judicial relief;

(3) The issuance of the declaratory ruling may adversely affect the interests of the State, the department of human resources development or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise; or

(4) The matter is not within the jurisdiction of the department of human resources development.

(e) Where any question of law is involved, the department of human resources development may refer the matter to the State attorney general. The department of human resources development may also obtain the assistance of other agencies, where necessary or desirable.

(f) Each petition shall be either rejected pursuant to subsection (c) or acted upon within a reasonable time. Upon the disposition of the petition, the petitioner shall be promptly informed thereof by the director of human resources development.

(g) Orders disposing of petitions shall have the same status as other agency orders. Orders shall be applicable only to the fact situation alleged in the petition or set forth in the order. They shall not be applicable to different fact situations or where additional facts not considered in the order exist.

Notes

Haw. Code R. § 14-2-3

[Eff 6/22/81; am 5/19/89; comp 8/1/91; am and comp 6/11/92; am and comp 4/1/02; comp DEC 01 2003] (Auth: HRS §§ 76-17, 91-7, 91-8) (Imp: HRS §§ 91-7, 91-8)