Haw. Code R. § 15-30-20 - Declaratory ruling by the development corporation

(a) Any person may petition the development corporation for a declaratory order as to the applicability of any statutory provision or of any rule or order of the development corporation, by submitting a signed letter to the chairperson. The letter of the petitioner shall contain:

(1) A statement of the nature of the petitioner's interest, including reasons for the submission of the petition;

(2) A designation of the specific statutory provision, rule, or order in question;

(3) A statement of the relevant facts;

(4) A statement of the interpretation given the statutory provision, rule, or order by the petitioner, including any legal authorities, in support of the interpretation of the petitioner;

(5) A statement that the petition is being made pursuant to this section; and

(6) The name, address, and telephone number of the petitioner.

Any petition which does not conform to the requirements of this section may be rejected by the development corporation.

(b) Upon receipt of the petition, the development corporation shall to cause it to be dated to establish the date of receipt. Within thirty days of the date of receipt, the development corporation shall notify the petitioner of the date, time, and place when the development corporation shall hold a hearing to consider the petition, the petitioner's privilege of personal appearance, with or without counsel as the petitioner may elect; and the petitioner's privilege of presenting evidence in support of the petition.

(c) The development corporation for good cause may refuse to issue a declaratory order. Good cause may include, but shall not be limited to, any of the following:

(1) The question is speculative or purely hypothetical and does not involve an existing situation or one which may reasonably be expected to occur in the near future;

(2) The petitioner's interest is not the type which would give the petitioner standing to maintain an action in a court of law;

(3) The issuance of the declaratory order may adversely affect the interest of the development corporation or the State of Hawaii in any litigation which is pending or may reasonably be expected to arise;

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

(d) Within thirty days after a hearing is held, the development corporation shall inform the petitioner in writing that the petition is denied and shall state reasons therefor, or that a declaratory order will be issued within sixty days from the date of the hearing. If a petition is denied, the petitioner may seek judicial review pursuant to chapter 91, HRS, and applicable rules of court.

Notes

Haw. Code R. § 15-30-20

[Eff DEC 24 1984] (Auth: HRS §§ 91-2, 206M-3) (Imp: HRS § 91-8)