Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 1 - ADMINISTRATION › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter 4 - SPECIAL PROCEEDINGS › Section 19-1-27 - Petition for declaratory rulings

Current through June, 2024
(a) Form and
				  contents. On petition of an interested person, the department may issue a
				  declaratory order as to the applicability of any statutory provision or of any
				  rule or order of the department. Petitions for the issuance thereof shall state
				  clearly and concisely the controversy or uncertainty, shall cite the statutory
				  authority involved, shall include a detailed statement of all the facts and the
				  reasons or grounds prompting the petition, together with full disclosure of
				  petitioner's interest and shall conform to the requirements of section
				  19-1-10.
(b) Additional data and supporting
				  authorities. The department, upon receipt of the petition, may require the
				  petitioner to file additional data or a memorandum of legal authorities in
				  support of the position taken by the petitioner.
(c) Dismissal. The department may summarily
				  dismiss a petition for a declaratory ruling if the petitioner refuses to comply
				  with the requirements of this section in a material respect.
(d) Consideration. 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 director may
				  in his discretion order such proceeding set down for hearing. Any petitioner or
				  party in interest, who desires a hearing on a petition for declaratory ruling,
				  shall set forth in detail in its 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 of the petition, and, to the extent that such request
				  for hearing is dependent upon factual assertion, shall accompany such request
				  by affidavit establishing such facts. In the event a hearing is ordered by the
				  director, sections
				  19-1-7 to 20
				  shall govern the proceedings.
(e)
				  Declaratory ruling on department's own motion. Notwithstanding the other
				  provisions of this chapter, the department may on its own motion or upon the
				  complaint or petition of any interested person or an agency of the state or
				  county government hold such proceedings as it may deem necessary from time to
				  time for the purpose of obtaining information necessary or helpful in the
				  determination of its policies, the carrying out of its duties, or the
				  formulation of its rules. For such purposes it may subpoena witnesses and
				  require the production of evidence. Procedures to be followed by the department
				  shall, unless specifically prescribed in this chapter or by chapter
				  91, Hawaii Revised Statutes, be such
				  as in the opinion of the department will best serve the purposes of such
				  proceedings. Also, any provision of this chapter may be suspended or waived by
				  the department or presiding officer before whom the matter is heard to prevent
				  undue hardship in any particular instance.