Haw. Code R. § 8-4-1 - Petition for declaratory rulings
(a) On petition of
an interested person, the board may issue a declaratory order as to the
applicability of any statutory provision or of any rule or order of the board.
Petitions for the issuance thereof shall state clearly and concisely the
controversy or uncertainty, shall cite the statutory authority involved, shall
include a complete statement of the facts and the reasons or grounds prompting
the petition, together with full disclosure of petitioner's interest and shall
conform to the requirements of section
8-2-2.
(b) The board, 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 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 chapter or allow the petitioner a
reasonable amount of time to correct defects in the petition.
(d) Although in the usual course of
disposition of a petition for a declaratory ruling no formal hearing shall be
granted to the petitioner or to a party in interest, the board may order the
proceeding set down for hearing. Any petitioner or party in interest, who
desires a hearing on a petition for declaratory ruling, shall set forth in
detail in the request, the reasons why the matters alleged in the petition,
togetherwith supporting affidavits or other written evidence, shall not permit
the fair and expeditious disposition of the petition; and to the extent that a
request for hearing is dependent upon factual assertion, shall accompany the
request by affidavit establishing those facts. In the event a hearing is
ordered by the board, chapter 2, Title 8, Administrative Rules, shall govern
the proceedings.
(e)
Nothwithstanding the other provisions of this section, the board, on its own
motion or upon request but without notice or hearing, may issue a declaratory
order to terminate a controversy or to remove uncertainty.
Notes
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