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PLANNING COMMISSION COUNTY OF HAWAII RULES OF PRACTICE AND PROCEDURE RULE 3. DECLARATORY RULINGS 3-1 Petitions for Declaratory Rulings (a) On petition of an interested person, the Commission may issue a declaratory order as to the applicability of any statutory provision, ordinance, or of any rule or order of the Commission. (b) Petition for a declaratory ruling shall contain: (1) A non-refundable filing and processing fee of one hundred dollars; (2) Name, address, telephone number, if available, and signature of each petitioner; (3) A designation of the specific provision, rule, or order in question, together with a statement of the controversy or uncertainty involved; (4) A statement of the petitioner’s position or contention; and (5) A memorandum of authorities, containing a full discussion of reasons and legal authorities in support of such position or contention. (c) Within sixty days after the submission of a petition for declaratory ruling, the Commission shall either deny the petition in writing, stating the reasons for such denial or issue a declaratory order on the matters contained in the petition, or set the matter for a public hearing, as provided in sections 3-2, 3-3 and 3-4 of these rules. 3-2 Request for Public Hearing The Commission, in its discretion, may order that a hearing be held on a declaratory ruling petition. Any petitioner or party in interest who desires a hearing on a petition for a declaratory ruling shall submit a written request for a hearing, setting forth in the request the reasons why the matters alleged in the petition and the supporting material submitted will not permit the fair and expeditious disposition of the petition and, to the extent that such request for a hearing is dependent upon factual assertion, shall attach to the request an affidavit establishing such facts. In the event a hearing is ordered by the Commission, the hearing shall be conducted in accordance with section 3-4 of this rule. 3-3 Notice of Public Hearing A notice of the declaratory ruling petition shall be published at least once in a newspaper of general circulation in the County, and the notice shall also be mailed to all persons who have made timely written requests for advance notice. The notice shall be published at least ten days prior to the date set for the hearing. 3-1