§15-16-40 Petition. Any interested person
may petition the authority for a declaratory order as to the applicability
of a statutory provision or any rule or order of the authority. [Eff
1/21/83, comp 9/8/86] (Auth: HRS §§91-8, 206E-4) (Imp:
HRS §§91-8, 206E-4)
§15-16-41 Submission of petition. (a)
The petition shall be submitted to the office of the authority.
(b) In addition to the requirements contained in section 15-16-19,
the petition shall set forth the following:
(1) Designation of the specific statute, rule, or order in question.
(2) A complete statement of facts.
(3) A statement of the nature of petitioner's interest, including
the reasons for submitting the petition.
(4) A statement of the position or contention of the petitioner.
(5) A full discussion of the reasons, including any legal authorities,
in support of petitioner's position or contention. [Eff 1/21/83,
comp 9/8/86] (Auth: HRS §§91-8, 206E-4) (Imp: HRS
§§91-8, 206E-4)
§15-16-42 Rejection of petition. The authority
may reject any petition which does not conform to the foregoing requirements.
[Eff 1/21/83, comp 9/8/86] (Auth: HRS §§91-8, 206E-4) (Imp:
HRS §§91-8, 206E-4)
§15-16-43 Refusal to issue declaratory ruling.
(a) The authority may refuse to issue a declaratory ruling for good
cause.
(b) Without limiting the generality of the foregoing, the authority
may so refuse where:
(1) The question is speculative or purely hypothetical and does
not involve existing fact, or facts which can reasonably be expected to
exist in the near future.
(2) The petitioner's interest is not a type which would give
him standing to maintain an action if he were to seek judicial relief.
(3) The issuance of the declaratory ruling may adversely affect
the interests of the State, the authority, or any of their officers or
employees, in litigation which is pending or may reasonably be expected
to arise. [Eff 1/21/83, comp 9/8/86] (Auth: HRS §§91-8,
206E-4) (Imp: HRS §§91-8, 206E-4)
§15-16-44 Referral to other agencies.
Where a question of law is involved, the authority may refer the matter
to the attorney general. The authority may also obtain assistance
from other agencies, when necessary or desirable. [Eff 1/21/83, comp
9/8/86] (Auth: HRS §§91-8, 206E-4) (Imp: HRS §§91-8,
206E-4)
§15-16-45 Notification of petitioner.
The petitioner shall be informed by the authority by certified mail upon
the disposition of the petition. [Eff 1/21/83, comp 9/8/86] (Auth:
HRS §§91-8, 206E-4) (Imp: HRS §§91-8, 206E-4)
§15-16-46 Status of orders. Orders disposing
of petitions have the same status as other authority orders. Orders
shall be applicable only to the fact situation alleged in the petition
or set forth in the order. They shall not be applicable to different
fact situations or where additional facts not considered in the order exist.
[Eff 1/21/83, comp 9/8/86] (Auth: HRS §§91-8, 206E-4) (Imp:
HRS §§91-8, 206E-4)
§15-16-47 Time limit. The authority shall
render a decision on a petition for declaratory ruling upon receipt of
a complete petition but in no event later than the second regular monthly
meeting at which it could have properly noticed consideration of the petition
on its agenda. [Eff 1/21/83, comp 9/8/86] (Auth: HRS §§91-8,
206E-4) (Imp: HRS §§91-8, 206E-4)
§15-16-48 and §15-16-50 (Reserved).