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
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