Hawaii Administrative Rules
Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
Subtitle 2.1 - RULES OF PRACTICE AND PROCEDURE STATE MERIT APPEALS BOARD
Chapter 24.1 - RULES APPLICABLE TO DECLARATORY RULINGS
Section 14-24.1-1 - Petitions for declaratory rulings

(a) On petition of an interested person or agency, the board may issue a declaratory order as to the applicability of any rule or order of the board.

(b) The petition shall be prepared in a manner prescribed by the board and the original and five copies thereof shall be filed with the board. The petition shall conform to the requirements of section 14-22.1-5, and shall contain the name, address, and telephone number of each petitioner; the signature of each petitioner; a designation of the specific rule or order in question, together with a statement of the controversy or uncertainty involved; a statement of the petitioner's interest in the subject matter, including the reasons for submission of the petition; a statement of the petitioner's position or contention; and a memorandum of authorities, containing a full discussion of reasons and legal authorities, in support of the position or contention.

(c) Within sixty days after the submission of a petition for declaratory ruling, the board shall either deny the petition in writing, stating the reasons for the denial, or issue a declaratory order on the matters contained in the petition, or set the matter for hearing, as provided in section 14-24.1-2. If the matter is set for hearing, the board shall render its findings and decision within sixty days after the close of that hearing.

(d) The board may, without notice or hearing, dismiss a petition for declaratory ruling that fails in material respect to comply with the requirements of this part or for other reasons as determined by the board.