HAR §12-46-63. Disposition of petition

(a) The commission, as expeditiously as possible after the filing of a petition for declaratory relief, may refuse to consider any petition for declaratory relief. Without limiting the generality of the ( foregoing, the commission may refuse consideration where: (1) The petition fails to substantively conform with section 12-46-61 or is not supported by a memorandum of authorities in support of the petition; (2) The petition is frivolous; (3) The matter is not within the jurisdiction of the commission; (4) The petition is based on hypothetical or speculative facts of either liability or damages; or (5) There is a genuine controversy of material fact, the resolution of which is necessary before any order or declaratory relief may issue. (6) There is any other reason justifying denial of the petition. (b) With respect to each petition to be considered, and as expeditiously as possible, the commission shall: (1) Summarily, and in writing, deny the petition, setting forth the reasons for the denial and advise petitioner of the right to request reconsideration or judicial relief or grant the relief sought either as prayed for or as modified by the commission, setting forth the reasons therefor and advise respondent, if any, of the right to request reconsideration or judicial relief; (2) Set the petition for argument before the commission in accordance with this subchapter; or (3) At its sole discretion, assign the petition to the hearings examiner for further proceedings in accordance with this subchapter. [Eff 12/31/90; comp ) (Auth: HRS §§91-8, 368-3) (Imp: HRS §§91-8, 368-3) 46-56 r (