Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 601 - RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC UTILITIES COMMISSION
Subchapter 16 - DECLARATORY ORDERS
Section 16-601-164 - Refusal to issue declaratory order
Current through August, 2024
The commission may, for good cause, deny the petition or refuse to issue a declaratory order by giving specific reasons for that determination. Without limiting the generality of the foregoing, the commission may so refuse where:
(1) The question is speculative or purely hypothetical and does not involve existing facts or facts that can be expected to exist in the near future;
(2) The petitioner's interest does not give it standing to maintain an action if petitioner were to seek judicial relief;
(3) The issuance of the declaratory order may affect the interest of the State in pending litigation or in litigation that may reasonably be expected to arise; or
(4) The matter is not within the jurisdiction of the commission.