Declaratory Ruling

CHAPTER 43

DECLARATORY RULING

§14-43-1 Petition §14-43-2 Form of petition §14-43-3 Non-issuance of declaratory order §14-43-4 Disposition of petition §14-43-5 Applicability of orders

§14-43-1 Petition. An interested person may petition the board for a declaratory order as to the applicability of any statutocy provision administered by the board or any rule or order of the board. The petition shall be submitted in duplicate and filed with the board. [Eff 5/12/83; comp OCT - 7 2023 ] (Auth: HRS §88E-3) (Imp: HRS §§88E-3, 91-8)

§14-43-2 Form of petition. (a) The petition need not be in any special form but shall contain: (1) The petitioner's name, address, zip code, and telephone number; (2) A statement of the nature of the petitioner's interest; (3) A designation of the specific statutory provision, rule, or order in question;

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§14-43-2

(4) A complete statement of the relevant facts; (5) A statement of the interpretation given the statutory provision, rule, or order by the petitioner; (6) A memorandum containing the reasons, including any legal authorities, in support of the interpretation of the petitioner; and (7) The petitioner's signature. (b) A petition which does not conform to the foregoing requirements may be rejected by the board. The petitioner shall be notified in writing of the rejection. [Eff 5/12/83; comp OCT -7 2023 ] (Auth: HRS §88E-3) (Imp: HRS §§88E-3, 91-8)

§14-43-3 Non-issuance of declaratory order. The board, for good cause, may refuse to issue a declaratory order. Without limiting the generality of the foregoing, the board may so refuse where: (1) The question is speculative or purely hypothetical and does not involve an existing situation or a situation which may reasonably be expected to occur in the near future; (2) The petitioner's interest is not of the type which confers sufficient standing to maintain an action in a court of law; (3) The issuance of the declaratory order may adversely affect the interest of the State, the board, or any officer or employee of the State involved in pending litigation or litigation which may reasonably be expected to arise; or (4) 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. [Eff 5/12/83; comp OCT -7 2023 ] (Auth: HRS §88E-3) (Imp: HRS §88E-3)

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§14-43-5

§14-43-4 Disposition of petition. Within a reasonable time after the submission of the petition, the board shall either deny the petition in writing, stating its reasons for the denial, or issue a declaratory ruling on the matters contained in the petition. Upon disposition of the petition, the board shall promptly notify the petitioner of the board's ruling. [Eff 5/12/83; comp OCT -7 2023 ] (Auth: HRS §88E-3) (Imp: HRS §§88E-3, 91-8)

§14-43-5 Applicability of orders. An order disposing of a petition shall be applicable only to the fact situation alleged in the petition or as set forth in the order. The order shall not be applicable to different fact situations or to situations where additional facts not considered in the order exist. [Eff 5/12/83; comp OCT -7 2023 (Auth: HRS §88E- 3) (Imp: HRS §88E-3)

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HAWAII ADMINISTRATIVE RULES

TITLE 14

DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT

SUBTITLE 4

STATE OF HAWAII DEFERRED COMPENSATION PLAN