HAR §13-167-81. Declaratory rulings

(a) On petition of an interested person or on its own motion, the commission may issue a declaratory order regarding the applicability of any statutory provision of the state water code, or of any rule or order of the commission thereunder, or any question of law, fact, or mixed question of law and fact within the jurisdiction of the commission. Petitions for the issuance thereof shall state clearly and concisely the controversy or uncertainty, shall cite the statutory authority involved, shall include a complete statement of the facts, reasons, or grounds prompting the petition together with full disclosure of petitioner's interest, and shall conform to the requirements of §13-167-25. (b) The commission, upon receipt of the petition, may require the petitioner to file additional data or a memorandum of legal authorities in support of the position taken by the petitioner. UNOFFICIAL COMPILATION 167-31 (c) The commission may, without notice or hearing, dismiss a petition for declaratory ruling which fails in any material respect to comply with the requirements of this section. (d) After review of the information filed pursuant to this section the commission may order a hearing on the petition. Any petitioner or interested party who requests a hearing on the petition shall set forth in writing the reasons why the information filed will not permit a fair and expeditious disposition of the petition. If the request for hearing is dependent upon factual assertion, affidavits establishing those facts shall accompany the request. If a hearing is ordered by the commission, the proceeding shall be conducted in accordance with chapter 91, HRS. [Eff. MAY 27 1988] (Auth: HRS §174C-8) (Imp: HRS §§91-8, 92-16)