Hawaii Regulations § 3-161-62 Disposition of petition
Regulation Text
The commission, as expeditiously as possible after the filing of a petition for declaratory relief, shall:
(1)
Deny the petition where:
(A)
The petition fails to conform substantially with section
3-161-60
or is not supported by a memorandum of law in support of the petition;
(B)
The petition is frivolous;
(C)
The matter is not within the jurisdiction of the commission;
(D)
The petition is based on hypothetical or speculative facts of either liability or damages;
(E)
There is a genuine controversy of material fact, the resolution of which is necessary before any order or declaratory relief may issue; or
(F)
There is any other reason justifying denial of the petition;
(2)
Set the petition for argument before the commission in accordance with this subchapter; or
(3)
Assign the petition to the hearings officer for further proceedings in accordance with this subchapter.
History
[Eff MAY 29 2010] (Auth: HRS §§ 91-2 , 11-193) (Imp: HRS §§ 91-2 , 91-8 , 11-193, 11-216, 11-228, 11-229)
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