Haw. Code R. § 19-1-27 - Petition for declaratory rulings

(a) Form and contents. On petition of an interested person, the department may issue a declaratory order as to the applicability of any statutory provision or of any rule or order of the department. Petitions for the issuance thereof shall state clearly and concisely the controversy or uncertainty, shall cite the statutory authority involved, shall include a detailed statement of all the facts and the reasons or grounds prompting the petition, together with full disclosure of petitioner's interest and shall conform to the requirements of section 19-1-10.

(b) Additional data and supporting authorities. The department, upon receipt of the petition, may require the petitioner to file additional data or a memorandum of legal authorities in support of the position taken by the petitioner.

(c) Dismissal. The department may summarily dismiss a petition for a declaratory ruling if the petitioner refuses to comply with the requirements of this section in a material respect.

(d) Consideration. Although in the usual course of disposition of a petition for a declaratory ruling no formal hearing will be granted to the petitioner or to a party in interest, the director may in his discretion order such proceeding set down for hearing. Any petitioner or party in interest, who desires a hearing on a petition for declaratory ruling, shall set forth in detail in its request the reasons why the matters alleged in the petition, together with supporting affidavits or other written evidence and briefs or memoranda of legal authorities will not permit the fair and expeditious disposition of the petition, and, to the extent that such request for hearing is dependent upon factual assertion, shall accompany such request by affidavit establishing such facts. In the event a hearing is ordered by the director, sections 19-1-7 to 20 shall govern the proceedings.

(e) Declaratory ruling on department's own motion. Notwithstanding the other provisions of this chapter, the department may on its own motion or upon the complaint or petition of any interested person or an agency of the state or county government hold such proceedings as it may deem necessary from time to time for the purpose of obtaining information necessary or helpful in the determination of its policies, the carrying out of its duties, or the formulation of its rules. For such purposes it may subpoena witnesses and require the production of evidence. Procedures to be followed by the department shall, unless specifically prescribed in this chapter or by chapter 91, Hawaii Revised Statutes, be such as in the opinion of the department will best serve the purposes of such proceedings. Also, any provision of this chapter may be suspended or waived by the department or presiding officer before whom the matter is heard to prevent undue hardship in any particular instance.

Notes

Haw. Code R. § 19-1-27

[Eff 6/1/81; comp OCT 16 2000] (Auth: HRS § 91-2) (Imp: HRS § 91-8)