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RULE 7. DECLARATORY RULINGS <br />(a) Any interested person may petition the Commission for a declaratory order as to <br />the applicability of any rule or order of the Commission. <br />(b) The petition shall contain: <br />(1) The name, address, and telephone number of the petitioner. <br />(2) A statement of the nature of the petitioner's interest, including reasons for <br />the submission of the petition. <br />(3) A designation of the specific provision, rule, or order in question. <br />(4) A complete statement of the facts for which the petitioner feels the rule or <br />order may be applicable. <br />(5) A statement of the position or contention of the petitioner regarding <br />application of the rule or order. <br />(6) A memorandum of authorities, containing a full discussion of the reasons, <br />including any legal authorities, in support of such position or contention. <br />(c) Any petition that does not conform to the foregoing requirements may be rejected. <br />(d) The Commission may, for good cause, refuse to issue a declaratory ruling and shall <br />so state in writing the reasons for its refusal. Without limiting the generality of the <br />foregoing, the Commission may so refuse where: <br />(1) The question is speculative or purely hypothetical and does not <br />involve existing fact or facts, which can reasonably be expected to <br />exist in the near future. <br />(2) The issuance of the declaratory ruling may adversely affect the interests of <br />the County of Hawaii, the Commission, the Department, or any of their <br />officers or employees in any litigation which is pending or may reasonably <br />be expected to arise. Litigation is pending in which the County of Hawaii, <br />the Commission, the Department, its employees or officers, and the <br />petitioners are parties. <br />(3) The matter is not within the jurisdiction of the Commission. <br />(e) Where any question of law is involved, the Commission may refer the matter to the <br />corporation counsel. It may also obtain the assistance of other agencies where <br />necessary or desirable. <br />(f) Upon the disposition of the petition, the petitioner shall be informed in writing by <br />the Commission. <br />Page 7 <br />