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Hawaii Regulations § 3-161-69 Material issue of fact; public interest

⤴ Up to Subchapter 3: Declaratory Relief

Regulation Text

If at any time it appears that there exists a genuine controversy of material fact the resolution of which is necessary before any order of declaratory relief may issue, or that the petition raises issues of public concern and interest that a proceeding for hearing or rule relief would more fairly and effectively aid the commission in achieving the commission's purposes and goals and protect that public concern or interest, the commission or hearings officer may:
(1) Sua sponte or on motion of any party dismiss the petition for declaratory relief and allow the petition to be refiled as a petition for hearing or rule relief; or
(2) Convert the proceeding to one for hearing or rule relief and proceed thereafter as if the petition had been brought originally for hearing or rule relief. If the proceeding is converted to a proceeding for hearing or rule relief, the issues may be restricted to those material facts in issue.

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)

[ Am and Comp 12/1/2016 ] (Auth: HRS § 11-314 (8) ) (Imp: HRS § 11-314 )

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