Rules and Regulations - Liquor Commission (Amended 2024)

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E. Where any question of law is involved, the Commission may refer the matter to the Corporation Counsel. The Commission may also obtain the assistance of other agencies, where necessary or desirable. F. The Commission shall consider each petition submitted and, within a reasonable time thereof, either deny the petition in writing, stating its reason for the denial, or issue a declaratory order on the matters contained in the petition. G. Orders disposing of petitions shall have the same status as other Commission orders. Orders shall be applicable only to the fact situation alleged in the petition or set forth in the order. They shall not be applicable to different fact situations or where additional facts not considered in the order exist. RULE 1-13 APPEAL TO THE LIQUOR COMMISSION. A. Where a licensee is aggrieved by a decision of the Director, the licensee may file an appeal. The appeal shall be in writing and submitted in 12 copies at least 30 days prior to the first Thursday of each month and shall contain: 1. The name, residence and mailing address, and telephone number of the appellant. 2. A statement of the nature of appeal. 3. A designation of the specific statute, rule, order or decision in question. 4. A complete statement of facts. 5. A statement of the position or contention of the appeal. 6. A memorandum of authorities, containing a full discussion of the reasons, including any legal authorities, in support of such position or contention. 7. The signature of the appellant. B. Any appeal which does not conform to the foregoing requirements may be rejected by the Commission. C. The Commission may, for good cause, refuse to consider the appeal. 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 fact or facts which can reasonably be expected to exist in the near future. 2. The issuance of a ruling may adversely affect the interests of the State and/or County of Hawaii, the Commission or any of their officers or employees in any litigation which is pending or may reasonably be expected to arise. 3. The matter is not within the jurisdiction of the Commission. D. The Commission shall consider each appeal submitted and, within a reasonable time thereof, set a date for hearing such appeal. Notice of the hearing shall be given to the appellant at least 15 days before the date of the hearing. Notice of the Commission's decision shall be given to the licensee within 90 days of such hearing. 14