Haw. Code R. § 23-602-4 - Special proceedings
(a) On petition of
an interested person, the commission may issue a declaratory order as to the
applicability of any statutory provision or of any rule or order of the
commission. Petitions for the issuance thereof shall:
(1) State clearly and concisely the
controversy or uncertainty;
(2)
Cite the statutory authority involved; and
(3) Include a complete statement of the facts
and the reasons or ground prompting the petition, together with full disclosure
of petitioner's interest.
(b) The commission, 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) The commission may, without notice of
hearing, dismiss a petition for declaratory ruling which fails in any material
respect to comply with the requirements of chapter
23-602.
(d) Although in the usual course of
disposition of a petition for a declaratory ruling no formal hearing need be
held, any petitioner or party in interest who desires a hearing on a petition
for declaratory ruling shall set forth in detail in their request the reasons
why a hearing is necessary for the fair and expeditious disposition of the
petition. In the event a hearing is ordered by the commission, section
91-3,
Hawaii Revised Statutes, shall govern the proceedings.
(e) Notwithstanding the other provisions of
this chapter, the commission may, on its own motion or upon request, both
without notice or hearing, issue a declaratory order to terminate a controversy
or to remove uncertainty.
Notes
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