HAR §17-4-1. Definitions

As used in this chapter: "Department " means the department of human services. "Director" means the director or deputy directors of the department of human services. "Party" means: (1) The department, if it participates in a proceeding; (2) Each person named in a proceeding; and (3) Any interested or aggrieved person permitted or entitled to participate in a proceeding before the department in the capacity other than as a witness. 4-l 1’829 ’ §17-4-1 "Person" means individuals, partnerships, corporations, associations, or organizations of any character, except for the department. "Relief" means the department's declaration as to whether a rule or order of the department, or a statute which the department is required to administer or enforce, applies to a factual situation. "Respondent ct means any party who contests a proceeding. "Rule" shall have the same meaning as specified in section 91-1, HRS. [Eff 6/4/84; am and camp ~bn -1 7 1995 ] (Auth: HRS $§26-38, 91-2, 346-14, 348-3) (Imp: HRS §§26-38; 91-2, 346-14, 348-3) $17-4-2 Contents of netition for declaratory relief. Any person or agency may petition for declaratory relief by the department in accordance with section 91-8, HRS. A petitioner shall file a memorandum of authorities supporting its petition, discussing thoroughly the factors and legal authorities =;;ortjfgf Thy ~#~t:o~~;~:po~i~~~1-~~f:4~!~~54~48- 3) (Imp: HRS §fi91-8, 346-14, 348-3) §17-4-3 Disnosition of netition. (a) The department may decline to consider any petition for declaratory relief, including, but not limited to, where: (1) The petition is not supported by a memorandum of authorities; The petition is frivolous; The department has no jurisdiction over the matter discussed in the petition; The petition is based on hypothetical or speculative facts; or A controversy of material fact exists which needs to be resolved before any declaratory relief may be granted. For each petition, the department shall: Deny the petition in writing, giving the reasons for the denial and advising the petitioner of the petitioner's right to request judicial relief; (4) (5) 4-2 S17-4-6 (2) (3) Grant the petition, in whole or modified form, giving the reasons for the action and advising respondents, if any, of the respondents 0 right to request judicial relief; or Assign the petition to a hearings officer for further proceedings in accordance with this chapter. Wff W/W cow APR 13 1995 1 (Auth: HRS §§91-8, 346-14, 348-3) (Imp: HRS SS91-8, 346-14, 348-3) §17-4-4 Notice of refusal to consider petition. The department shall notify the petitioner of a determination not to consider the petition within thirty days of receipt of the petition. ywm~PR 1 3 1995 [Eff 6/4/84; ] (Auth: HRS §§91-8, 346-14, 348- : HRS §$$91-8, 346-14, 348-3) $17-4-5 Service of netition. (a) Where the department decides not to dismiss the petition, it shall: (1) Serve each respondent; or (2) Require the petitioner to serve each respondent with a copy of the petition and the memorandum in support of the petition and file a certificate of service with the department. (b) Where the department is not the petitioner, it shall be a party respondent and shall be served in accordance with this section. APR 1 3 1995 ] (Auth: [Eff 6/4/84; camp HRS §§91-8, 346-14, 348-3) (Imp: HRS §§91-8, 346-14, 348-3) §17-4-6 Memorandum in onnosition. Within fifteen days of receiving a copy of the petition, each respondent may file and serve upon the petitioner a memorandum in opposition to the petition, stating the respondent's position and factors supporting that position, including legal authorities. [Eff 6/4/84; ywm;D~ " 3 1995 ] (Auth: HRS S$91-8, 346-14, 348- : I-IRS SS91-8, 346-14, 348-3) 4-3 §17-4-7 $17-4-7 Intervention and intervener's memorandum of authorities. Where, subject to section 17-2-11 an interested person requests intervention in a proceeding for declaratory relief, the intervenor may file and serve upon the petitioner a memorandum of authorities, stating the intervener's position and factors supporting that position, including legal authorities. [Eff 6/4/94; camp APR 1 3 1995 ] (Auth: HRS §§91-8, 346-14, 348-3) (Imp: HRS SS91-8, 346-14, 348-3) %§17-4-8 Reouest for additional facts or sunnlemental memorandum. The director or hearings officer may request a party to clarify a factual issue by submitting a statement or memorandum of additional facts. The request shall not unduly delay the proceedings or unreasonably prejudice any party. [Eff 6/4/84; camp APR 1 3 1995 ] (Auth: HRS §§26-38, 91- 8, 346-14, 348-3) (Imp: HRS SS26-38, 91-8, 346-14, 348-3)