Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 201 - ADMINISTRATIVE PRACTICE AND PROCEDURE
Subchapter 3 - DECLARATORY RELIEF
Section 16-201-50 - Disposition of petition
Universal Citation: HI Admin Rules 16-201-50
Current through August, 2024
The authority, as expeditiously as possible after the filing of a petition for declaratory relief, shall:
(1) Deny the petition where:
(A) The petition fails to conform
substantially with section 16-201-48 or is not supported by a memorandum of law
in support of the petition;
(B) The
petition is frivolous;
(C) The
matter is not within the jurisdiction of the authority;
(D) The petition is based on hypothetical or
speculative facts of either liability or damages;
(E) There is a genuine controversy of
material fact, the resolution of which is necessary before any order or
declaratory relief may issue; or
(F) There is any other reason justifying
denial of the petition.
(2) Set the petition for argument before the authority in accordance with this Subchapter; or
(3) Assign the petition to the hearings officer for further proceedings in accordance with this Subchapter.
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
