Haw. Code R. § 14-24.1-1 - Petitions for declaratory rulings
(a) On petition of
an interested person or agency, the board may issue a declaratory order as to
the applicability of any rule or order of the board.
(b) The petition shall be prepared in a
manner prescribed by the board and the original and five copies thereof shall
be filed with the board. The petition shall conform to the requirements of
section 14-22.1-5, and shall contain the name, address, and telephone number of
each petitioner; the signature of each petitioner; a designation of the
specific rule or order in question, together with a statement of the
controversy or uncertainty involved; a statement of the petitioner's interest
in the subject matter, including the reasons for submission of the petition; a
statement of the petitioner's position or contention; and a memorandum of
authorities, containing a full discussion of reasons and legal authorities, in
support of the position or contention.
(c) Within sixty days after the submission of
a petition for declaratory ruling, the board shall either deny the petition in
writing, stating the reasons for the denial, or issue a declaratory order on
the matters contained in the petition, or set the matter for hearing, as
provided in section 14-24.1-2. If the matter is set for hearing, the board
shall render its findings and decision within sixty days after the close of
that hearing.
(d) The board may,
without notice or hearing, dismiss a petition for declaratory ruling that fails
in material respect to comply with the requirements of this part or for other
reasons as determined by the board.
Notes
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