Section 3-70-29 - Declaratory ruling by the authority(a) Any interested person may petition the authority for a declaratory order as to the applicability of any statutory provision administered by the authority or of any rule or order of the authority.(b) The petition shall be submitted in duplicate to the office of the manager. The petition need not be in any special form but shall contain at a minimum: (1) A statement of the nature of the 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 and precise nature of the controversy;(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 authorities, in support of the interpretation of the petitioner; and(6) The name, address, telephone number, and signature of the petitioner.(c) Any petition which does not conform to the foregoing requirements may be rejected by the authority.(d) Upon receipt of the petition, the manager shall cause it to be dated to establish the date of submission.(e) The authority may for good cause refuse to issue a declaratory order. Without limiting the generality of the foregoing, the authority may refuse where: (1) 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;(2) The petitioner's interest is not of the type which would give the petitioner standing to maintain an action in a court of law;(3) The issuance of the declaratory order may adversely affect the interest of the State, the authority, or any of the officers or employees of the State or the authority in any litigation which is pending or may be reasonably expected to arise; or(4) The petition requests a ruling on a statutory provision not administered by the authority or the matter is not otherwise within the jurisdiction of the authority.(f) Where any question of law is involved, the authority may refer the matter to the attorney general of the State for legal opinion.(g) No hearing need be granted to the petitioner or to any interested person in the usual course of disposition of a petition for a declaratory ruling. However, the authority may, at its discretion, order a hearing on the disposition of the petition if the petitioner submits a written request therefor, stating in detail why a hearing is necessary for a fair consideration of the need for a declaratory ruling on the matter stated in the petition.(h) The authority shall, with reasonable promptness, either deny the petition, stating the reasons therefor, or issue a declaratory ruling. Upon disposition of the petition, the authority shall promptly notify the petitioner.(i) Orders disposing of petitions shall be applicable only to the fact situation alleged in the petition or as 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 6/12/81; am and comp SEP 18 2006] (Auth: HRS § 109-2) (Imp: HRS § 109-2)