Haw. Code R. § 16-301-4 - Declaratory ruling by the director

(a) Any person may petition the director for a declaratory ruling as to the applicability of any statutory provision enforced by the director or of any rule or order of the director.

(b) The petition shall be submitted in duplicate to the office of consumer protection. The petition need not be in any special form but it shall contain:

(1) A statement of the nature of each 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 complete statement of the relevant facts;

(4) A statement of the interpretation given the statutory provision, rule, or order by the petitioner;

(5) A memorandum containing the reasons, including any legal authority in support of the interpretation of the petitioner;

(6) The name, address, and telephone number of each petitioner; and

(7) The signature of each petitioner.

(c) Any petition which does not conform to the requirements of subsection (b) may be rejected by the director.

(d) Upon receipt of the petition, the director shall cause it to be dated to determine the date of submission.

(e) The director shall with reasonable promptness either deny the petition, stating the reasons therefor, or issue a declaratory ruling. Upon disposition of the petition, the director shall promptly notify the petitioner.

(f) The declaratory ruling shall be applicable only to the fact situation as alleged in the petition or as set forth in the ruling. The declaratory ruling shall not be applicable to fact situations which involve additional facts not considered in the ruling.

Notes

Haw. Code R. § 16-301-4

[Eff 6/19/81] (Auth: HRS §§ 91-8, 487-5) (Imp. HRS §§ 91-8, 487-5)