HAR §6-20-8
HAR §6-20-8. Petition for declaratory ruling; scope
Cite as Haw. Code R. § 6-20-8
(a) Any person or agency may petition the board for a
declaratory ruling as to the applicability of any
statutory provision administered by the system or of
any rule or order adopted by the system.
(b) The scope of this subchapter is limited to
petitions requesting the board's interpretation of a
statute, rule, or administrative order administered by
the board, regarding circumstances that have not yet
been decided by the system or the board. A petition
for declaratory ruling is a way to seek an advance
determination from the board. A petition under this
subchapter may not request the board to review a
concrete decision already made by the system or the
board. For example, a petition alleging that the
system has improperly granted or denied the petitioner
20-7
or other person a benefit, service credit, or other
entitlement under chapter 88, HRS, must be filed as a
petition for contested case hearing under subchapter 2
of chapter 6-23, and not as a petition for declaratory
ruling. [Eff 11/9/81; am and comp 11/26/93; am and
comp 11/26/2009; comp
APR 1·11022 ] (Auth: HRS §§88
28, 91-2, 91-8) (Imp: HRS§ 91-8)