Section 6-23-29 - Consideration of petition(a) The hearing officer, within a reasonable amount of time after the petition has been filed, shall do one of the following:(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;(B) The petitioner's interest is not of the type which confers sufficient standing to maintain an action in a court of law;(C) The issuance of a final decision may adversely affect the interest of the State, the system, or any of the officers or employees in any litigation which is pending or may be reasonably be expected to arise;(D) The petition requests a decision on a matter other than the alleged misapplication or violation of any provision of chapter 88, HRS, or rules promulgated thereunder, setting forth an alleged entitlement to a benefit, service credit, or other alleged entitlement, or on a matter otherwise not within the scope of this subchapter;(E) The petition requests a decision on a statutory provision not administered by the board or the matter is not otherwise within the jurisdiction of the board; or(F) The petition is frivolous; or(2) Set the petition for hearing.(b) Any order dismissing the petition under this section shall: (2) Include separate findings of fact and conclusions of law; and(3) Constitute a recommended decision pursuant to section 6-23-48. [Eff and comp NOV 26 2009] (Auth: HRS §§ 88-28, 91-2) (Imp: HRS §§ 91-2, 91-9, 91-12, 92-16)