Haw. Code R. § 23-602-4

Current through November, 2024
Section 23-602-4 - Special proceedings
(a) On petition of an interested person, the commission may issue a declaratory order as to the applicability of any statutory provision or of any rule or order of the commission. Petitions for the issuance thereof shall:
(1) State clearly and concisely the controversy or uncertainty;
(2) Cite the statutory authority involved; and
(3) Include a complete statement of the facts and the reasons or ground prompting the petition, together with full disclosure of petitioner's interest.
(b) The commission, upon receipt of the petition, may require the petitioner to file additional data or a memorandum of legal authorities in support of the position taken by the petitioner.
(c) The commission may, without notice of hearing, dismiss a petition for declaratory ruling which fails in any material respect to comply with the requirements of chapter 23-602.
(d) Although in the usual course of disposition of a petition for a declaratory ruling no formal hearing need be held, any petitioner or party in interest who desires a hearing on a petition for declaratory ruling shall set forth in detail in their request the reasons why a hearing is necessary for the fair and expeditious disposition of the petition. In the event a hearing is ordered by the commission, section 91-3, Hawaii Revised Statutes, shall govern the proceedings.
(e) Notwithstanding the other provisions of this chapter, the commission may, on its own motion or upon request, both without notice or hearing, issue a declaratory order to terminate a controversy or to remove uncertainty.

Haw. Code R. § 23-602-4

[Eff SEP 03 1994] (Auth: HRS § 351-68) (Imp: HRS §§ 91-8, 91-9)