Haw. Code R. § 6-20-10 - Consideration of petition

(a) The board, within a reasonable time after the receipt of a petition for declaratory ruling, shall do one of the following:

(1) Deny the petition, without a hearing, where:

(A) The question is speculative or purely hypothetical and does not involve an existing situation or one which may reasonably be expected to occur in the near future;

(B) The petitioner's interest is not of the type which confers sufficient standing to maintain an action in a court of law;

(C) The issuance of the declaratory ruling may adversely affect the interest of the State, the system, or any of the officers or employees in any litigation which is pending or may be reasonably be expected to arise;

(D) The petition requests a ruling on a statutory provision not administered by the board or the matter is not otherwise within the jurisdiction of the board;

(E) The petition is frivolous;

(F) The petition is beyond the scope of this subchapter as provided in section 6-20-8(b), or there exists a genuine issue of material fact, the resolution of which is necessary before any declaratory ruling may issue. In either case, the board may dismiss the action or request that the petitioner re-file the action as a petition for contested case hearing under subchapter 2 of chapter 6-23; or

(G) There is other good cause for denial of the petition;

(2) Grant the petition, without a hearing, at the board's discretion; or

(3) Set the petition for a hearing before the board or a designated hearing officer.

(b) If the board denies or grants a petition without a hearing, the board shall notify the petitioner in writing of the denial or grant by the board, and shall state the reasons therefor.

(c) If the board assigns the petition to a hearing officer, the board shall use the decision making procedures set forth in sections 6-23-48, 6-2349, 6-23-50, 6-23-51, 6-23-52, and 6-23-53. The hearing officer shall have the same powers as a presiding officer under this subchapter.

Notes

Haw. Code R. § 6-20-10

[Eff 11/9/81; and comp 11/26/93; am and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2, 91-8, 92-16) (Imp: HRS §§ 91-8, 92-16) Am and comp 4/11/2022