Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 43 - RULES OF PRACTICE AND PROCEDURE BEFORE THE HAWAII LABOR RELATIONS BOARD
Subchapter 3 - DECLARATORY RULINGS UNDER CHAPTERS 89 AND 377, HRS
Section 12-43-52 - Disposition
Universal Citation: HI Admin Rules 12-43-52
Current through November, 2024
(a) The board shall consider each petition submitted and, within a reasonable time after the submission thereof, either deny the petition, stating its reason for the denial; issue a declaratory ruling on the matters contained in the petition; or set the matter for hearing or argument.
(b) The board may in its discretion refuse to issue a declaratory ruling. Without limiting the generality of the foregoing, the board may so refuse where:
(1) The question is speculative or
hypothetical and does not involve existing facts or facts which are expected to
exist in the near future;
(2) The
petitioner's interest is not of the type which would give the petitioner
standing to maintain an action if such petitioner were to seek judicial
relief;
(3) The issuance of the
declaratory ruling may adversely affect the interests of the board or any of
its officers or employees in litigation which is pending or may reasonably be
expected to arise;
(4) The matter
is not within the jurisdiction of the board; or
(5) There is a genuine controversy of
material fact, the resolution of which is necessary before any declaratory
ruling may be issued.
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