Haw. Code R. § 3-121-32

Current through April, 2024
Section 3-121-32 - Declaratory ruling
(a) Any person may petition the procurement policy board for a declaratory ruling as to the applicability of any statutory provision enforced by the procurement policy board or of any rule or order of the procurement policy board.
(b) The petition shall be submitted in duplicate to the administrator of the state procurement office. The petition need not be in any special form but it shall contain:
(1) A statement of the nature of each petitioner's interest, including reasons for the submission of the petition;
(2) A designation of the specific statutory provision, rule, or order in question;
(3) A complete statement of the relevant facts;
(4) A statement of the interpretation given the statutory provision, rule, or order by the petitioner;
(5) A memorandum containing the reasons, including any legal authority in support of the interpretation of the petitioner;
(6) The name, address, and telephone number of each petitioner; and
(7) The signature of each petitioner, or petitioner's representative.
(c) Upon receipt of the petition, the administrator shall cause the petition to be dated to determine the date of submission, and shall forward the petition to the members of the procurement policy board.
(d) The procurement policy board, or as delegated to the administrator, shall with reasonable promptness either deny the petition, stating the reasons therefor in writing, or issue a declaratory ruling. Upon disposition of the petition, the procurement policy board shall promptly notify the petitioner.
(e) The declaratory ruling shall be applicable only to the fact situation as alleged in the petition or as set forth in the ruling. The declaratory ruling shall not be applicable to fact situations which involve additional facts not considered in the ruling.

Haw. Code R. § 3-121-32

[Eff and comp AUG 24 2009] (Auth: HRS §§ 91-8, 103D-202, 103D- 211) (Imp. HRS §§ 91-8, 103D-202, 103D-211)