Section 11-1-61 - Petitions for declaratory orders(a) Any interested person or agency may petition for a declaratory order as to the applicability of any statutory provision administered by the department or of any rule or order of the department.(b) The petition shall be filed in writing and shall include: (1) The petitioner's name, mailing address, and telephone number;(2) The petitioner's signature or the signature of the petitioner's authorized representative or attorney;(3) A designation of the specific statutory provision, rule, or order in question, together with a clear and concise statement of the controversy or uncertainty involved;(4) A full disclosure of the petitioner's interest in the subject matter, including the reason or grounds for submission of the petition;(5) A detailed statement of the facts;(6) A statement of the petitioner's position or contention; and(7) A memorandum containing a discussion of reasons and legal authorities in support of the petitioner's position or contention. The department may summarily dismiss any petition that fails to comply with the requirements of this section, or may require the petitioner to file additional data in support of the petition, or may offer a reasonable opportunity to correct any deficiencies in the petition.
(c) There is no right to a hearing on a petition for a declaratory order. At its discretion, the department may hold a hearing of any type it chooses before it rules on the petition.(d) The department may, for good cause, refuse to issue a declaratory order. Good cause includes, but is not limited to, a finding by the department that: (1) The question is speculative or purely hypothetical and does not involve an existing situation or one that can reasonably be expected to occur in the near future;(2) The petitioner's interest is not of the type that would give the petitioner standing to maintain an action in a court of law based on the same factual and legal circumstances presented in the petition;(3) The statutory provision cited in the petition is not administered by the department or the rule or order cited in the petition is not a rule or order of the department; or(4) The factual and legal circumstances presented in the petition are involved in pending administrative contested case proceedings or judicial proceedings that may result in a decision on the applicability of the statutory provision or rule or order cited in the petition.(e) Within a reasonable time after the petition is filed, the department shall file a written ruling on the petition stating the department's reasons for: (1) Denying the petition;(2) Granting the petition; or(3) Granting part and denying part of the petition; and issue a declaratory order if the petition is granted in whole or in part.
The department shall send the ruling and any order to the petitioner as allowed by section 11-1-4.
[Eff 2/14/2005] (Auth: HRS §§ 91-2, 321-9) (Imp: HRS § 91-8)