Haw. Code R. § 15-219-84 - Authority action on declaratory rulings

(a) Within ninety days after the authority's receipt of a petition for declaratory order, the authority shall:

(1) Deny the petition in writing, stating the reasons for the denial;

(2) Issue a declaratory order on the matters contained in the petition; or

(3) Set the matter for hearing, provided that if the matter is set for hearing, the authority shall render its findings and decision within one hundred twenty days after the close of the hearing.

(b) The authority may refuse to issue a declaratory ruling for good cause. Without limiting the generality of the foregoing, the authority may so refuse where:

(1) The question is speculative or purely hypothetical and does not involve existing fact, or facts which can reasonably be expected to exist in the near future;

(2) The petitioner's interest is not a type which 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 authority, or any of its officers or employees, in litigation that is pending or may reasonably be expected to arise; or

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

Notes

Haw. Code R. § 15-219-84

[Eff MAR 02 2012 ] (Auth: HRS §§ 91-8, 206E-4) (Imp: HRS §§ 91-8, 206E-4)