HAR §11-185-76. Refusalto issue declaratory order

The agency may, for good cause, refuse to issue a declaratory order. Good cause includes, but isnot limited to, afinding by the agency that: (1) The question is speculative orpurely hypothetical and does not involve existing facts or facts that can reasonably be expected to exist in the near future; (2) The petitioner’s interest is notofthetype that would givethe petitioner standingto maintain an action ifthe petitioner wereto seekjudicial relief, (3) The issuance ofthe declaratoryorder may adversely alfect the interests of the agency or any ofits employees in litigationthat is pending or may reasonablybe expected to arise; or (4) The matteris notwithin the jurisdictionofthe agency. [Elf.FEB 09 1981] (Auth: IIRS Sec. 91-8) (Imp: FIRS Sec. 91-8)