Haw. Code R. § 23-3-3 - Format and certification of petition

(a) Any interested person may submit a signed petition either in person or by mail to the department for a declaratory order as to the applicability of any statutory provision or of any rule or order of the department. The petition shall be legibly written or typed, identifiable by name, address, and zip code.

(b) The petition shall set forth the text of the:

(1) Nature of the petitioner's interest and reason for submittal;

(2) Identification of the specific statutory provision, order, rule in question; and

(3) Statement of the position or contention of the petitioner, or a memorandum of authorities, including legal authorities, in support of such position or contention.

(c) The petitioner may be required to submit a statement or memorandum of additional facts clarifying a specific factual issue which will aid the department in its consideration for declaratory relief.

(d) The department may refuse to consider the petition where:

(1) The petition is not supported by a memorandum of authorities;

(2) The petition is deemed frivolous;

(3) The matter is not within the department's jurisdiction;

(4) The petition is based on hypothetical or speculative facts;

(5) Any controversy of material fact exists which needs to be resolved by the parties before any relief may be considered or granted; or

(6) The petition would be more appropriately brought as a grievance.

(e) Unless otherwise provided, all petitions shall be filed with the department.

Notes

Haw. Code R. § 23-3-3

[Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS § 91-8)