Haw. Code R. § 14-24.1-5 - Refusal to issue declaratory ruling

The board may, for good cause, refuse to issue a declaratory ruling with specific reasons for that determination. 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 that can be expected to exist in the near future;

(2) The petitioner's interest is not of the type that would give the petitioner standing to maintain an action if the petitioner were to seek judicial relief;

(3) The issuance of the declaratory ruling may affect the interests of the board in a litigation that is pending or may reasonably be expected to arise; or

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

Notes

Haw. Code R. § 14-24.1-5

[Eff OCT 24 2003] (Auth: HRS §§ 91-2, 91-8) (Imp: HRS § 91-8)