HAR §16-201-60. Material issue of fact, public interest

If, at any time, it appears that there exists a genuine controversy of material fact the resolution of which is necessary before any order of declaratory relief may issue, or that the petition raises issues of public concern and interest that a proceeding for rule relief would more fairly and effectively aid the authority in achieving its purposes and goals and protect that public concern or interest, the authority or hearings officer may: (1) Sua sponte or on motion of any party dismiss the petition for declaratory relief and allow same to be refiled as a petition for hearing or rule relief; or (2) Convert the proceeding to one for hearing or rule relief and proceed thereafter as if the petition had been brought originally for hearing or rule relief. If the proceeding is converted to a proceeding for hearing or rule relief, the issues may be restricted to those material facts in issue. [Eff 7/11/81; am and comp - 24 - 1/25/85; am and comp 7/6/90] (Auth: HRS §§91-8, 26-9) (Imp: HRS §§91-8, 26-9)