Haw. Code R. § 15-15-100

Current through September, 2024
Section 15-15-100 - Consideration of petition for declaratory order
(a) The commission, within ninety days after submission of a petition for declaratory order, shall:
(1) Deny the petition where:
(A) The question is speculative or purely hypothetical and does not involve an existing situation or one which may reasonably be expected to occur in the near future; or
(B) The petitioner's interest is not of the type which confers sufficient standing to maintain an action in a court of law; or
(C) The issuance of the declaratory order may adversely affect the interest of the State, the commission, or any of the officers or employees in any litigation which is pending or may be reasonably be expected to arise; or
(D) The petitioner requests a ruling on a statutory provision not administered by the commission or the matter is not otherwise within the jurisdiction of the commission; or
(2) Issue a declaratory order on the matters contained in the petition; or
(3) Set the petition for hearing before the commission or a hearings officer in accordance with this subchapter. The procedures set forth in subchapter 7 shall be applicable.
(b) If the matter is set for hearing, the commission shall render its findings and decision within one hundred and twenty days after the close of the hearing or, if post hearing briefs are filed, forty-five days after the last brief is filed, unless a different time period is stated at the hearing.

Haw. Code R. § 15-15-100

[Eff 10/27/86; am and comp 8/16/97; comp MAY 08 2000] (Auth: HRS §§ 91-8, 205-1, 205-7) (Imp: HRS §§ 91-2, 91-8)
Am and comp 11/2/2013; comp 10/18/2019