HAR §14-43-3
HAR §14-43-3. Non-issuance of declaratory order
Cite as Haw. Code R. § 14-43-3
The
board, for good cause, may refuse to issue a
declaratory order.
Without limiting the generality of
the foregoing, the board may so refuse where:
(1)
The question is speculative or purely
hypothetical and does not involve an
existing situation or a situation which may
reasonably be expected to occur in the near
future;
(2)
The petitioner's interest is not of the type
which confers sufficient standing to
maintain an action in a court of law;
(3)
The issuance of the declaratory order may
adversely affect the interest of the State,
the board, or any officer or employee of the
State involved in pending litigation or
litigation which may reasonably be expected
to arise; or
(4)
The petition requests a ruling on a
statutory provision not administered by the
board or the matter is not otherwise within
the jurisdiction of the board.
[Eff
5/12/83; comp
OCT
-7
2023
]
(Auth:
HRS
§88E-3)
(Imp:
HRS §88E-3)
43-2
§14-43-5