HAR §15-15-102. Refusal to issue declaratory order

The commission, for good cause, may refuse to issue a declaratory order by giving specific reasons for the determination. Without limiting the generality of the foregoing, the commission may so refuse where: - 54 - Hawai`i Administrative Rules Title 15, Chapter 15 - Unofficial (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 commission in a litigation that is pending or may reasonably be expected to arise; or (4) The matter is not within the jurisdiction of the commission. [Eff 10/27/86; comp 8/16/97; comp May 08 2000] (Auth: HRS §§91-8, 205-1, 205-7) (Imp: HRS §§91-2, 91-8)