Haw. Code R. § 16-201-50 - Disposition of petition

The authority, as expeditiously as possible after the filing of a petition for declaratory relief, shall:

(1) Deny the petition where:

(A) The petition fails to conform substantially with section 16-201-48 or is not supported by a memorandum of law in support of the petition;

(B) The petition is frivolous;

(C) The matter is not within the jurisdiction of the authority;

(D) The petition is based on hypothetical or speculative facts of either liability or damages;

(E) There is a genuine controversy of material fact, the resolution of which is necessary before any order or declaratory relief may issue; or

(F) There is any other reason justifying denial of the petition.

(2) Set the petition for argument before the authority in accordance with this Subchapter; or

(3) Assign the petition to the hearings officer for further proceedings in accordance with this Subchapter.

Notes

Haw. Code R. § 16-201-50

[Eff 7/11/81; am and comp 1/25/85; am and comp 7/6/90] (Auth: HRS §§ 91-8, 26-9) (Imp: HRS §§ 91-8, 26-9)