Haw. Code R. § 4-1-50 - Petition for declaratory ruling

(a) On petition of an interested person, the board may issue a declaratory order regarding the applicability of any statutory provision or of any rule or order of the board. Petitions for the issuance of a declaratory order shall:

(1) State clearly and concisely the controversy of uncertainty;

(2) Cite the statutory authority involved;

(3) Include a complete statement of the facts and the reasons or grounds prompting the petition, together with full disclosure of the petitioner's interest; and

(4) Conform to the requirements of section 4-1-12.

(b) The board, upon receipt of a 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 board, without notice or hearing, may dismiss a petition for declaratory ruling which fails in any material respect to comply with the requirements of this section.

(d) Although no formal hearing will ordinarily be held on a petition for a declaratory ruling, the board may order a hearing.

(e) Any petitioner or interested party who requests a hearing on a petition for declaratory ruling shall:

(1) Set forth in writing the reasons why the information filed will not permit a fair and expeditious disposition of the petition; and

(2) If the hearing is dependent upon factual assertions, submit affidavits establishing those facts.

(f) In the event a hearing is ordered by the board, the proceedings shall be in accordance with subchapter 5.

Notes

Haw. Code R. § 4-1-50

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 91-8) (Imp: HRS §§ 91-2, 91-8)