Haw. Code R. § 6-20-8 - Petition for declaratory ruling; scope

(a) Any person or agency may petition the board for a declaratory ruling as to the applicability of any statutory provision administered by the system or of any rule or order adopted by the system.

(b) The scope of this subchapter is limited to petitions requesting the board's interpretation of a statute, rule, or administrative order administered by the board, regarding circumstances that have not yet been decided by the system or the board. A petition for declaratory ruling is a way to seek an advance determination from the board. A petition under this subchapter may not request the board to review a concrete decision already made by the system or the board. For example, a petition alleging that the system has improperly granted or denied the petitioner or other person a benefit, service credit, or other entitlement under chapter 88, HRS, must be filed as a petition for contested case hearing under subchapter 2 of chapter 6-23, and not as a petition for declaratory ruling.

Notes

Haw. Code R. § 6-20-8

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