HAR §8-62-29. 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. Questions concerning the interpretation of any of chapter 76, Hawaii Revised Statutes, may be submitted to the attorney general for review. (b) The petition shall be prepared in a manner prescribed by the board. The original and five copies thereof shall be filed with the board. The petition shall conform to the requirements prescribed by board rules 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 the reasons for submitting a 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 concerning the matters contained in the petition, or set the matter for hearing; provided that if the matter is set for hearing, the board shall render its findings and decision within sixty days after the close of the 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 section or for other reasons as determined by the board. (e) Any party may intervene subject to the provisions of section 8-62-24 insofar as they are applicable. [Eff 6/11/2010] (Auth: HRS §§302A-1112, 76-14, 76-47) (Imp: HRS §§76-14, 76-47)