HAR §16-201-88. Form of requests for informal interpretations

(a) A board or commission may consider any written communication from any person asking a question for processing under this Subchapter; provided that the board or commission shall not proceed under this Subchapter in response to a properly drawn petition for relief under the provisions of this chapter or where it is clear that the petitioner expects a formal and binding response without obtaining the consent of the petitioner to the issuance of an informal interpretation. - 30 - (b) In determining whether a particular inquiry is appropriate for the issuance of an informal interpretation, the following factors shall be among those considered: (1) Whether the facts set forth by the requester are sufficiently detailed and clear to allow the board or commission to understand the requester’s circumstance; (2) Whether the question being asked is clear; and (3) Whether there has been a consistent historical pattern of deciding similar inquiries upon which the board or commission can base its response. [Eff and comp 7/6/90] (Auth: HRS §91-8) (Imp: HRS §91-8)