Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 2 - DECLARATORY RELIEF
Section 12-46-63 - Disposition of petition
Universal Citation: HI Admin Rules 12-46-63
Current through August, 2024
(a) The commission, as expeditiously as possible after the filing of a petition for declaratory relief, may refuse to consider any petition for declaratory relief. Without limiting the generality of the foregoing, the commission may refuse consideration where:
(1) The petition fails
to substantively conform with section 12-46-61 or is not supported by a
memorandum of authorities in support of the petition;
(2) The petition is frivolous;
(3) The matter is not within the jurisdiction
of the commission;
(4) The petition
is based on hypothetical or speculative facts of either liability or damages;
or
(5) There is a genuine
controversy of material fact, the resolution of which is necessary before any
order or declaratory relief may issue.
(6) There is any other reason justifying
denial of the petition.
(b) With respect to each petition to be considered, and as expeditiously as possible, the commission shall:
(1) Summarily, and in writing, deny the
petition, setting forth the reasons for the denial and advise petitioner of the
right to request reconsideration or judicial relief or grant the relief sought
either as prayed for or as modified by the commission, setting forth the
reasons therefor and advise respondent, if any, of the right to request
reconsideration or judicial relief;
(2) Set the petition for argument before the
commission in accordance with this subchapter; or
(3) At its sole discretion, assign the
petition to the hearings examiner for further proceedings in accordance with
this subchapter.
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