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Rules of the Department of Human Resources Title 1 - Rules of the Director, Effective December 16, 2019
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Rules of the Department of Human Resources Title 1 - Rules of the Director, Effective December 16, 2019
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12/16/2019 8:20:58 AM
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<br />(g) Filing and effective date of rules shall be in accordance with <br />Hawai‘i Revised Statutes, Section 91-4. <br />\[Eff. 07-01-02; am 03-01-15\] (Auth: HRS §§76-17, 91-6) <br /> <br />§2-3 Declaratory ruling. <br /> <br />(a) Any interested person may petition the director for a declaratory <br />order as to the applicability of any statutory provision or any rule or <br />order of the director. <br /> <br />(b) The petition shall be submitted in duplicate to the director. It shall <br />contain: <br /> <br />(1) The name, address, and telephone number of the petitioner; <br /> <br />(2) A statement of the nature of petitioner's interest, including <br />reasons for the submission of the petition; <br /> <br />(3) A designation of the specific provision, rule, or order in <br />question; <br /> <br />(4) A complete statement of the relevant facts; <br /> <br />(5) A statement of the position or contention of the petitioner; <br /> <br />(6) A memorandum of authorities containing a full discussion of <br />the reasons including any legal authorities in support of such <br />position or contention; <br /> <br />(7) The signature of each petitioner. <br /> <br />(c) Any petition which does not conform to the foregoing requirements <br />may be rejected. <br /> <br />(d) The director may, for good cause, refuse to issue a declaratory <br />ruling. Without limiting the generality of the foregoing, the director <br />may so refuse where: <br /> <br />(1) The question is speculative or purely hypothetical and does <br />not involve existing facts, or facts which can reasonably be <br />expected to exist in the near future; <br /> <br />(2) The petitioner's interest is not of the type which would give <br />the petitioner standing to maintain action if the petitioner <br />was to seek judicial relief; <br /> <br /> <br /> <br />2-3 <br /> <br />
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