HAR §3-95-3. Nonissuance of declaratory order

The foundation, for good cause, may refuse to issue a declaratory order. Without limiting the generality of the foregoing, the foundation may so refuse where: (1) The request is speculative or purely hypothetical and is not based on an existing situation or one which may be reasonably expected to occur in the near future; or (2) The petitioner’s interest is not of the kind which confers sufficient standing to maintain an action in a court of law; or (3) The issuance of the declaratory order may adversely affect the interest of the State, the foundation, or any officer or employee of the State or foundation in any litigation which is pending or may which may be reasonably expected to arise; or (4) The petition requests a ruling on a statutory provision not administered by the foundation or the matter is not otherwise within the foundation’s jurisdiction. [Eff: Feb 12, 1987] (Auth: HRS §§9-5, 91-8) (Imp: HRS §§9-5, 91-8) 95-3