Haw. Code R. § 16-201-88 - Form of requests for informal interpretations

(a) A board or commission may consider any written communication from any person asking a question for processing under this Subchapter; provided that the board or commission shall not proceed under this Subchapter in response to a properly drawn petition for relief under the provisions of this chapter or where it is clear that the petitioner expects a formal and binding response without obtaining the consent of the petitioner to the issuance of an informal interpretation.

(b) In determining whether a particular inquiry is appropriate for the issuance of an informal interpretation, the following factors shall be among those considered:

(1) Whether the facts set forth by the requester are sufficiently detailed and clear to allow the board or commission to understand the requester's circumstance;

(2) Whether the question being asked is clear; and

(3) Whether there has been a consistent historical pattern of deciding similar inquiries upon which the board or commission can base its response.

Notes

Haw. Code R. § 16-201-88

[Eff and comp 7/6/90] (Auth: HRS § 91-8) (Imp: HRS § 91-8)