HAR §15-15-98. Who may petition

(a) On petition of any interested person, the commission may issue a declaratory order as to the applicability of any statutory provision or of any rule or order of the commission to a specific factual situation. (b) A farmer or landowner with lands qualifying under section 205-45, HRS, may file a petition for declaratory order to designate the lands as important agricultural lands and shall file a petition that conforms to the requirements of this section and section 205-44 and 205-45, HRS. (c) Notwithstanding the other provisions of this subchapter, the commission, on its own motion or upon request but without notice of hearing, may issue a declaratory order to terminate a controversy or to remove uncertainty. [Elf 10/27/86; comp 8/16/97; comp 5/8/00; am and comp NOV 0 ÿ2013 ] (iuth: HRS §§91-8, 205-1, 205-7) (Imp: HRS §§91-2, 91-8) 83 15-15-99 Petition for declaratory order; form and contents. The petition shall be submitted consisting of one original, one paper copy, and one electronic copy, and shall conform to the format requirements of sections 15-15-38, 15-15-39, and 15-15- 40, and shall contain: (i) The name, address including zip code, and telephone number of each petitioner; (2) A statement of the petitioner's interest in the subject matter, including the reasons for submission of the petition; (3) A designation of the specific statutory provision, rule, or order in question, together with a complete statement of the relevant facts and a statement of the issues raised or controversy or uncertainty involved; (4) A statement of the petitioner's interpretation of the statute, rule or order or the petitioner's position or contention with respect thereto; 5) A memorandum of authorities, containing a full discussion of reasons and legal authorities in support of such position or contention. The commission may require the petitioner to file additional data or memoranda; 6) The names of any other potential parties; 7) The signature of each petitioner; and 8) A statement whether the petition for declaratory ruling relates to any commission docket for district boundary amendment or specia! permit, and if so, the docket number and identification of all parties to the docket. JEff 10/27/86; comp 8/16/97; comp 5/8/00; am and comp NOV 0 2ÿ013 ] (Auth: HRS ÿ91-8, 205-1, 205-7) (Imp: HRS §§91-2, 91-8) 15-15-i00 Consideration of petition for declaratory order. (a) The commission, within ninety days after submission of a petition for declaratory order, shall: (i) Deny the petition where: (A) The question is speculative or purely hypothetical and does not involve an existing situation or one which may 84 reasonably be expected to occur in the near future; or B) The petitioner's interest is not of the type which confers sufficient standing to maintain an action in a court of law; or C) The issuance of the declaratory order may adversely affect the interest of the State, the commission, or any of the officers or employees in any litigation which is pending or may be reasonably be expected to arise; or D) The petitioner requests a ruling on a statutory provision not administered by the commission or the matter is not otherwise within the jurisdiction of the commission; or (2) Issue a declaratory order on the matters contained in the petition; or (3) Set the petition for hearing before the commission or a hearings officer in accordance with this subchapter. The procedures set forth in subchapter 7 shal! be applicable. (b) If the matter is set for hearing, the commission shall render its findings and decision within one hundred and twenty days after the close of the hearing or, if post hearing briefs are filed, forty-five days after the last brief is filed, unless a different time period is stated at the hearing. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp HOW 022Q13 ] (Auth: HRS §ÿ91-8, 205-ir 205-7) (Imp: HRS ÿ91-2, 91-8) §15-15-101 Declaratory orders; dismissal of petition. The commission, without notice or hearing, may dismiss a petition for declaratory order that fails in material respect to comply with the requirements of this subchapter. The dismissal shall be in writing and state the reasons therefor. JEff 10/27/86; am and comp 8/16/97; c0mp 5/8/00; am and comp NOV 0 ÿ2013 ] (Auth: HRS §§91-8, 205-1, 205-7) (Imp: HRS §ÿ91-2, 91-8) §15-15-102 REPEALED [RNOV 0ÿ2ÿ]ÿ] 85 15-15-i03 Declaratory orders; request for hearing. The commission may, but shall not be required to, conduct a hearing on a petition for declaratory order. Any petitioner or party in interest who desires a hearing on a petition for a declaratory order shall set forth in detail in the request the reasons why the matters alleged in the petition, together with supporting affidavits or other written briefs or memoranda of legal authorities, will not permit the fair and expeditious disposition of the petition, and to the extent that the request for a hearing is dependent upon factual assertion, shall accompany the request by affidavit establishing those facts. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp NOVOÿ0ÿ3 ] (Auth: HRS §ÿ91-8, 205-1, 205-7) (Imp:HÿS §ÿ91-2, 91-8) 15-15-i04 Applicability of declaratory order. An order disposing of a petition shall apply only to the factual situation described in the petition or set forth in the order. It shall not be applicable to different fact situations or where additional facts not considered in the order exist. The order shall have the same force and effect as other orders issued by the commission. [Elf 10/27/86; am and comp 8/16/97; comp 5/8/00; am and comp ÿSV 022013 ] (Auth: HRS §§91-8, 205-1, 205-7) (Imp: HRS §§91-2, 91-8) 15-15-104.1 Fees. The Petitioner shall be responsible for fees pursuant to section 15-15-45.1 herein. [Elf and comp NOV 0 22013 ] (Auth: HRS §205-i, 205-4.1, 205-7) (Imp: HRS §§91-2, 92-21, 205- 4.1 SUBCHAPTER 15 RULEMAKING PROCEDURES @15-15-i05 Initiation of rulemaking proceedings. (a) The commission, at any time on its own motion, may initiate proceedings for the adoption, amendment, or repeal of any rule of the commission. (b) Any interested person may petition the commission for the adoption, amendment, or repeal of any rule of the commission. The petitioner shall file and deliver one original, one paper copy and one electronic copy of the petition to the office of the 86 commission. under this section may be modified by order of the commission. Petitions for rulemaking filed with the commission shall become matters of public record. 10/27/86; comp 8/16/97; comp 5/8/00; am and comp NOV 022ÿ]3 ] (iuth: HRS §§205-1, 205-7) (Imp: HRS ÿ§91-2, 91-6, 205-7) The number and format of copies required [Elf §15-15-106 Rulemaking; form and contents of petition. Petitions for rulemaking need not be in any special form but shal! conform to the requirements of this subchapter and shall contain: i) The name, address (including zip code), and telephone number of each petitioner; 2) A statement of the petitioner's interest in the subject matter; 3) A statement of the reasons in support of the proposed rule, amendment, or repeal; 4) The authorization or relief sought; 5) The citation of the statutory provision or other authority under which Commission authorization or relief is sought; 6) A draft or the substance of the proposed rule or amendment or a designation of the provisions the repeal of which is desired; and 7) The signature of each petitioner. Any petition which does not conform to the foregoing requirements may be rejected by the commission. The rejection shal! be in writing aid shall state the reasons therefor. [Elf 10/27/86; comp 8/16/97; am and comp 5/8/00; am and comp NOV 0 2ÿ013 ] (iuth: HRS §§91-13.5, 205-1, 205-7) (Imp: HRS §91-13.5, 91-6, 205-7)