HAR §13-197-8. Declaratory rulings

(a) Any interested person may petition the review board for a declaratory order as to the applicability of any statutory provisions administered by the review board or any rule or order of the review board. (b) The petition shall be submitted in duplicate to the office of the review board. The petition need not be in any special form but shall contain: (1) A full disclosure of the nature of the petitioner's interest, including reasons for the submission of the petition; (2) A designation of the specific statutory provision, rule, or order in question; a complete statement of the relevant facts and the precise nature of the controversy; (3) A statement of the interpretation given the statutory provision, rule or order by the petitioner; (4) A memorandum containing the reasons, including any legal authorities, in support of the interpretation of the petitioner; and (5) The name, address, telephone number, and signature of the petitioner. (c) Any petition which does not conform to the requirements of subsection (b) may be rejected by the review board. (d) Upon receipt of the petition, the review board may require the petitioner to file additional data or memoranda in support of the position taken by the petitioner. (e) The review board may, for good cause, and without notice or hearing, refuse to issue a declaratory order. Without limiting the generality of the foregoing, the review board may also refuse where: (1) The question is speculative or purely hypothetical and does not involve an existing situation or one which may reasonably be expected to occur in the near future; (2) The petitioner's interest is not of the type which would give standing to maintain an action in a court of law; (3) The issuance of a declaratory order may adversely affect the interest of the State of Hawaii, the review board, or any of the board's officers or employees in any litigation which is pending or may be reasonably expected to arise; and (4) The petition requests a ruling on a statutory provision not administered by the review board or the matter is not otherwise within the jurisdiction of the review board. (f) Where the petition involves a question of law, the review board may refer the matter to the attorney general of the State for a legal opinion. (g) No hearing need be granted to the petitioner or to any interested person in the usual course of disposition of a petition for a declaratory ruling. However, the review board may, at its discretion, order a hearing on the disposition of the petition if the petitioner submits a written request stating, in detail, why a hearing is necessary for a fair consideration of the need for a declaratory ruling on the matter stated in the petition. (h) The review board shall, within a reasonable time after receipt of a petition for declaratory ruling, either deny the petition, stating the reasons therefor, or issue a declaratory ruling. Upon disposition of the petition, the review board shall promptly notify the petitioner. (i) Orders disposing of petitions shall be applicable only to the fact situation alleged in the petition or as set forth in the order. They shall not be applicable to different fact situations or where additional facts not considered in the order exist. [Eff 6/22/81; am and comp 3/9/89] (Auth: HRS §§6E-5.5, 91-8) (Imp. HRS §91-8) Subchapter 4 Contested Case Proceedings