Current through September, 2024
Section 11-201-21 - Petitions for Declaratory RulingsA. On petition of an interested person or agency, the council may issue a declaratory order as to the applicability of any statutory provision or any rule or order of the council and may also make determinations under chapter 343, Hawaii Revised Statutes. The petition shall conform to the requirements of section 11-201-9 and shall contain: 1. The name, address, and telephone number of each petitioner;2. The signature of each petitioner;3. A designation of the specific provision, rule, or order in question, together with a statement of the controversy or uncertainty involved;4. A statement of the petitioner's interest in the subject matter, including the reasons for submission of the petition;5. A statement of the petitioner's position or contention; and6. A memorandum of authorities, containing a full discussion of reasons and legal authorities, in support of the position or contention.B. The council shall inform the public regarding petitions for declaratory rulings in the office's periodic bulletin. Within thirty days after the submission of a petition for declaratory ruling, the council shall either deny the petition in writing, stating the reasons for the denial, or issue a declaratory order on the matters contained in the petition, or set the matter for hearing, as provided in section 11-201-23, provided that if the matter is set for hearing, the council shall render its findings and decision within fifteen days after the close of the hearing. Any determination by the council regarding the petition for declaratory ruling shall be published in the office's periodic bulletin.C. The council, without notice or hearing, may dismiss a petition for declaratory ruling that fails in material respect to comply with the requirements of this section.[Eff 12/6/85] (Auth: HRS §§ 91-2, 91-8, 343-6) (Imp: HRS §§ 91-2, 91-8, 343-6)