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109 <br />[Eff. 09/28/021 (Auth: HRS §§76-47, 91-2, 91-8) (Imp: HRS §§76-47, 91-2, 91-8) <br />§ 103-3 Board action. <br />(a) Within sixty days after the filing of any petition for declaratory ruling, <br />the Board shall either deny the petition and/or the request for <br />hearing, issue a declaratory ruling in writing, or set the matter for <br />hearing. <br />(b) Any denial shall be in writing and shall state the reasons for the <br />denial. <br />(c) If the Board orders a hearing, the hearing shall be conducted by <br />the provisions found in Hawai'i Revised Statutes §91-9. <br />(d) The Board may, without notice or hearing, dismiss a petition for <br />declaratory ruling if the petition does not conform to the <br />requirements of § 103-2. <br />[Eff. 09/28/02; am ] (Auth: HRS §§76-47, 91-2, 91-8) (Imp: HRS §§76-47, <br />91-2,91-8) <br />§ 103-4 Applicability of order. <br />Any order disposing of a petition shall be applicable only to the factual <br />situation described in the petition or set forth in the order. <br />[Eff. 09/28/02] (Auth: HRS §§76-47, 91-2, 91-8) ( Imp: HRS §§76-47, 91-2, 91-8) <br />§ 103-5 Declaratory ruling on Board's own motion. <br />Notwithstanding any other provisions of this chapter the Board may, upon <br />its own motion and without notice or hearing, issue a declaratory order to <br />terminate a controversy or to remove any uncertainty. <br />[Eff. 09/28/02; am ] (Auth: HRS §§76-47, 91-2, 91-8) (Imp: HRS §§76-47, <br />91-2,91-8) <br />§ 103-6 Refusal to issue declaratory order. <br />(a) The Board may refuse to issue a declaratory order with specific <br />reasons being provided for the refusal. Reasons for refusing to issue <br />a declaratory order may include, but is not limited to the following: <br />(1) the question is speculative or purely hypothetical and does <br />not involve existing facts, or facts that can be expected to <br />exist in the near future; <br />