HAR §8-62-32. Refusal to issue declaratory order

The board, for good cause, may deny a request for a declaratory order with specific reasons for its decision. The board may refuse for reasons including but not limited to the following: (1) The question is speculative or purely hypothetical and does not involve existing facts or facts that can be expected to exist in the near future; (2) The petitioner’s interest is not of the type that would give the petitioner standing to maintain an action if the petitioner were to seek judicial relief; (3) The issuance of the declaratory order may affect the interests of the board in litigation that is pending or may reasonably be expected to arise; or (4) The matter is not within the jurisdiction of the board. [Eff 6/11/2010] (Auth: HRS §§302A-1112, 76-14, 76-47) (Imp: HRS §§76-14, 76-47) 　 SUBCHAPTER 5 RULES APPLICABLE TO APPEALS