HAR §6-1-11. Petition for declaratory ruling

(a) Any interested person may petition the director for a declaratory order as to the applicability of any statutory provision administered by the director or of any rule or order of the director. (b) The petition shall be supmitted in duplicate and delivered to the department in the state capitol during regular business hours. The petition need not be in any special form but shall contain: (1) A statement of the nature of each petitioner's interest, including reasons for the sub­ mission; (2) A designation of the specific statutory provision, rule, or order in question; (3) A complete statement of the facts; (4) A statement of the interpretation given the statutory provision, rule, or order by the petitioner; (5) A memorandum containing the reasons, including any legal authorities, in support of the interpretation of the petitioner; (6) The name, address, and telephone number of each petitioner; and (7) The signature of each petitioner. (c) • Any petition which does not conform to the foregoing requirements shall be rejected by the director. (d) The director, without notice or hearing, may refuse to issue a declaratory order. Without limiting, the generality of the foregoing, the director may so refuse where: (1) The question is speculative or purely hypo­ thetical and does not involve an existing situation or one which may reasonably be expected to occur in the near future; or (2) The petitioner's interest is not of the type which would give 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 of Hawaii in any litigation which is pending or may reasonably be expected to arise; or 1-3 1 9 §6-1-11 (4) The petition requests a ruling on a statutory provision not administered by the department or the matter is not otherwise within the jurisdiction of the department. . (e) Where any question of law is involved, the agency may refer the matter to the attorney general. (f) Within thirty days after submission of the petition, the director shall either deny the petition, stating the reasons for the denial, or issue a declara­ tory ruling. (g) The director may order a hearing on the declaratory ruling. Any petitioner who desires a hearing on a petition for a declaratory ruling shall include in the request the reasons why the matters alleged in the petition, together with supporting affidavit or other written evidence and briefs or memoranda of legal authorities, will not permit the fair and expeditious disposition of the petition. (h) Orders disposing of petitions shall be appli­ cable only to the fact situation alleged in the petition or as set forth in the order. They shall not be appli­ cable to different fact situations or where additional facts not considered in the order exists. [Eff. JUL 13 1981 ] (Auth: HRS §26-38, 91-8) (Imp: HRS §91-8) §§6-1-12 to 6-1-19 (Reserved) SUBCHAPTER 3 RECEIVING AND PAYING HOURS Historical Note: Subchapter 3, chapter 1 of title 6 is based substantially upon rule 3 of the Department of Budget and Finance. [Eff. 9/11/70; R JUL 1 3 19~1 J