Current through September, 2024
Section 17-4-3 - Disposition of petition(a) The department may decline to consider any petition for declaratory relief, including, but not limited to, where: (1) The petition is not supported by a memorandum of authorities;(2) The petition is frivolous;(3) The department has no jurisdiction over the matter discussed in the petition;(4) The petition is based on hypothetical or speculative facts; or(5) A controversy of material fact exists which needs to be resolved before any declaratory relief may be granted.(b) For each petition, the department shall: (1) Deny the petition in writing, giving the reasons for the denial and advising the petitioner of the petitioner's right to request judicial relief;(2) Grant the petition, in whole or modified form, giving the reasons for the action and advising respondents, if any, of the respondents' right to request judicial relief; or(3) Assign the petition to a hearings officer for further proceedings in accordance with this chapter.[Eff 6/4/84; comp APR 13 1995] (Auth: HRS §§ 91-8, 346-14, 348-3) (Imp: HRS §§ 91-8, 346-14, 348-3)