Haw. Code R. § 23-3-4 - Declaratory relief

(a) Upon receipt of a petition for declaratory relief, the department within thirty days shall notify the petitioner in writing whether or not to proceed with the relief.

(b) If it is determined by the department that a genuine controversy of material fact exists within the petition, the department shall:

(1) Issue a declaratory order within sixty days from the date of receipt of the petition;

(2) Dismiss the petition for declaratory relief; or

(3) Allow its conversion to a petition for rule relief proceedings pursuant to section 91-6, Hawaii Revised Statutes, or contested case proceedings, pursuant to section 91-9, Hawaii Revised Statutes.

(c) If the agency decides not to proceed, it shall notify the petitioner in writing that the petition is denied and give reasons for the denial.

Notes

Haw. Code R. § 23-3-4

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