HAR §16-201-50. Disposition of petition

The authority, as expeditiously as possible after the filing of a petition for declaratory relief, shall: (1) Deny the petition where: (A) The petition fails to conform substantially with section 16-201-48 or is not supported by a memorandum of law in support of the petition; (B) The petition is frivolous; (C) The matter is not within the jurisdiction of the authority; - 22 - (D) The petition is based on hypothetical or speculative facts of either liability or damages; (E) There is a genuine controversy of material fact, the resolution of which is necessary before any order or declaratory relief may issue; or (F)T here is any other reason justifying denial of the petition. (2) Set the petition for argument before the authority in accordance with this Subchapter; or (3) Assign the petition to the hearings officer for further proceedings in accordance with this Subchapter. [Eff 7/11/81; am and comp 1/25/85; am and comp 7/6/90] (Auth: HRS §§91-8, 26-9) (Imp: HRS §§91-8, 26-9)