Haw. Code R. § 16-601-164 - Refusal to issue declaratory order

The commission may, for good cause, deny the petition or refuse to issue a declaratory order by giving specific reasons for that determination. Without limiting the generality of the foregoing, the commission may so refuse where:

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

(2) The petitioner's interest does not give it standing to maintain an action if petitioner were to seek judicial relief;

(3) The issuance of the declaratory order may affect the interest of the State in pending litigation or in litigation that may reasonably be expected to arise; or

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

Notes

Haw. Code R. § 16-601-164

[Eff 1/1/2019] (Auth: HRS §§ 91-2, 91-8, *69-6, 271-9, 271G-7) (Imp: HRS §§ 91-2, 91-8, 269-6, 271-9, 271G-7)