Haw. Code R. § 14-43-3 - Non-issuance of declaratory order

Current through February, 2022

The board, for good cause, may 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 an existing situation or a situation which may reasonably be expected to occur in the near future;
(2) The petitioner's interest is not of the type which confers sufficient standing to maintain an action in a court of law;
(3) The issuance of the declaratory order may adversely affect the interest of the State, the board, or any officer or employee of the State involved in pending litigation or litigation which may reasonably be expected to arise; or
(4) The petition requests a ruling on a statutory' provision not administered by the board or the matter is not otherwise within the jurisdiction of the board.

Notes

Haw. Code R. § 14-43-3
[Eff. MAY 12 1983] (Auth: HRS § 88E-3) (Imp: HRS § 88E-3)

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