Banyan Drive Hawaii Redevelopment Rules and Practice and Procedure

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RULE 5. RULES APPLICABLE TO DECLARATORY RULINGS 5.1 Petitions for .Declaratory Rulings On petition of an interested person or agency, the Agency may issue a declaratory order as to the applicability of any statutory provision, ordinance or of any rule or regulation or order of the Agency. a. Foran and Contents. The petition shall conform to the .requirements of Rule 3.5 and shall contain the name, address and telephone number of each petitioner; the signature of each petitioner; a designation ofthe specific provision, rule or order in question, together with a statement of the controversy or uncertainty involved; a statement of the petitioner's interest in the subject matter, including the reasons for submission of the petition; a statement of the petitioner's position or contention; and a memorandum of authorities, containing a full discussion of reasons and legal authorities, in support of such position or contention. b. Agency Action. Within sixty (60) days after the submission of a petition for declaratory ruling, the Agency 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 hearing, as provided in Rule 5.2; provided, however, that if the matter is set for hearing, the Agency shall render its findings and decisions within sixty (60) days after the close of the hearing. c. Dismissal of Petition. The Agency may, without notice or hearing, dismiss a petition for declaratory ruling that fails in material respect to comply with the requirements of this part. 5.2 Request for Hearing Although in the usual course of disposition of a petition for a declaratory ruling no 'formal hearing will be granted to the petitioner or to a party in interest, the Agency may in its discretion order such proceeding set down for hearing. Any petitioner or party in interest who desires a hearing on a petition for a declaratory ruling shall set forth in detail in his request the reasons why the matters alleged in the petition, together with supporting affidavits or other written evidence and briefs or memoranda of legal authorities, will not permit the fair and expeditious disposition ofthe petition and, to the extent that such request for a hearing is dependent upon factual assertion, shall accompany such request by affidavit establishing such facts. In the event a hearing is ordered by the Agency, Section 91-9, Hawaii Revised Statutes, shall govern the proceedings. 5.3 Applicability of Order An order disposing of a petition shall be applicable only to the factual situation described in the petition or set forth in the order. 20