Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 4 - DECLARATORY RULINGS
Section 17-4-3 - Disposition of petition
Universal Citation: HI Admin Rules 17-4-3
Current through August, 2024
(a) The department may decline to consider any petition for declaratory relief, including, but not limited to, where:
(1) The petition is not
supported by a memorandum of authorities;
(2) The petition is frivolous;
(3) The department has no jurisdiction over
the matter discussed in the petition;
(4) The petition is based on hypothetical or
speculative facts; or
(5) A
controversy of material fact exists which needs to be resolved before any
declaratory relief may be granted.
(b) For each petition, the department shall:
(1) Deny the petition in writing, giving the
reasons for the denial and advising the petitioner of the petitioner's right to
request judicial relief;
(2) Grant
the petition, in whole or modified form, giving the reasons for the action and
advising respondents, if any, of the respondents' right to request judicial
relief; or
(3) Assign the petition
to a hearings officer for further proceedings in accordance with this
chapter.
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