Rules Applicable to Declaratory Rulings

CHAPTER 24.1

RULES APPLICABLE TO DECLARATORY RULINGS

§14-24.1-1 Petitions for declaratory rulings §14-24.1-2 Request for hearing §14-24.1-3 Applicability of order §14-24.1-4 Declaratory ruling on board’s own motion §14-24.1-5 Refusal to issue declaratory order

Historical Note: Chapter 24.1 of Title 14 is based substantially upon Part IV of the State Commission Rules of Practice and Procedure. [Eff 6/26/78; R July 9, 1981]

§14-24.1-1 Petitions for declaratory rulings. (a) On petition of an interested person or agency, the board may issue a declaratory order as to the applicability of any rule or order of the board. (b) The petition shall be prepared in a manner prescribed by the board and the original and five copies thereof shall be filed with the board. The petition shall conform to the requirements of section 14-22.1-5, and shall contain the name, address, and telephone number of each petitioner; the signature of each petitioner; a designation of the specific rule or order in question, together with a statement of the controversy or uncertainty involved; a statement of the petitioner's interest in the subject matter, including

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§14-24.1-1

the reasons for submission of the petition; a statement of the petitioner's position or contention; and a memorandum of authorities, containing a full discussion of reasons and legal authorities, in support of the position or contention. (c) Within sixty days after the submission of a petition for declaratory ruling, the board shall either deny the petition in writing, stating the reasons for the denial, or issue a declaratory order on the matters contained in the petition, or set the matter for hearing, as provided in section 14-24.1-2. If the matter is set for hearing, the board shall render its findings and decision within sixty days after the close of that hearing. (d) The board may, without notice or hearing, dismiss a petition for declaratory ruling that fails in material respect to comply with the requirements of this part or for other reasons as determined by the board. [Eff ] (Auth: HRS §§91-2, 91-8) (Imp: §91-8)

§14-24.1-2 Request for hearing. The board will usually act on a petition for a declaratory ruling without conducting a hearing. Any petitioner or party in interest who desires a hearing on a petition for a declaratory ruling shall set forth in detail the reasons why the matters alleged in the petition together with supporting affidavits or other written evidence and briefs or memoranda of legal authorities, will not permit the fair and expeditious disposition of the petition and, to the extent that the request for a hearing is dependent upon factual assertion, shall accompany the request by affidavit establishing facts. The board may, in its discretion, order a hearing. In the event a hearing is granted by the board, section 91-9, Hawaii Revised Statutes, shall govern the proceedings. [Eff ] (Auth: HRS §§91-2, 91-8) (Imp: HRS §91-8)

§14-24.1-3 Applicability of order. An order disposing of a petition shall be applicable only to the factual situation described in the petition or set

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§14-24.1-5

forth in the order. [Eff ] (Auth: HRS §§91-2, 91-8) (Imp: HRS §91-8)

§14-24.1-4 Declaratory ruling on board’s own motion. Notwithstanding the other provisions of this chapter, the board may, on its own motion or upon request but without notice or hearing, issue a declaratory order to terminate a controversy or to remove uncertainty. [Eff ] (Auth: HRS §§91-2, 91-8) (Imp: HRS §91-8)

§14-24.1-5 Refusal to issue declaratory ruling. The board may, for good cause, refuse to issue a declaratory ruling with specific reasons for that determination. 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 existing facts, or facts that can be expected to exist in the near future; (2) The petitioner's interest is not of the type that would give the petitioner standing to maintain an action if the petitioner were to seek judicial relief; (3) The issuance of the declaratory ruling may affect the interests of the board in a litigation that is pending or may reasonably be expected to arise; or (4) The matter is not within the jurisdiction of the board. [Eff ] (Auth: HRS §§91-2, 91-8) (Imp: HRS §91-8)

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§14-25.1-1

HAWAII ADMINISTRATIVE RULES

TITLE 14

DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT

SUBTITLE 2.1

RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD