Chapter 95 – Declaratory Rulings

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§3-95-1
HAWAII ADMINISTRATIVE RULES
TITLE 3
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
SUBTITLE 9
STATE FOUNDATION ON CULTURE AND THE ARTS
CHAPTER 95
DECLARATORY RULINGS
§3-95-1 Petition
§3-95-2 Form and content of petition
§3-95-3 Nonissuance of declaratory order
§3-85-4 Hearing
§3-95-5 Disposition of petition
§3-95-6 Applicability of ruling
§3-95-1 Petition. Any interested person may
petition the foundation for a declaratory order as to
the applicability of any statutory provision
administered by the foundation or of any rule or order
of the foundation. The petition shall be submitted in
duplicate and filed with the foundation. [Eff: Feb
12, 1987] (Auth: HRS §§9-5, 91-8) (Imp: HRS §91-8)
§3-95-2 Form and content of petition. (a) The
petition shall include:
(1) A statement of the nature of the
petitioner’s interest including reasons for
the submission of the petition;
(2) The designation of the specific statutory
provision, rule, or order in question;
(3) A complete statement of the relevant facts
and precise nature of the controversy;

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(4) A statement of the interpretation by the
petitioners of the statutory provision,
rule, or order;
(5) A description of the reasons, including any
legal authority of reference, in support of
the interpretation by the petitioner;
§3-95-2
(6) Any other information or facts relevant to
the petition;
(7) The name, address, and telephone number of
the petitioner; and
(8) The signature of the petitioner.
(b) Any petition which does not include all of
the foregoing requirements may be rejected by the
foundation. The date of receipt of the petition shall
be noted on the petition. The petitioners shall be
notified in writing of the rejection. [Eff: Feb 12,
1987] (Auth: HRS §§9-5, 9-8) (Imp: HRS §§9-5, 91-8)
§3-95-3 Nonissuance of declaratory order. The
foundation, for good cause, may refuse to issue a
declaratory order. Without limiting the generality of
the foregoing, the foundation may so refuse where:
(1) The request is speculative or purely
hypothetical and is not based on an existing
situation or one which may be reasonably
expected to occur in the near future; or
(2) The petitioner’s interest is not of the kind
which confers sufficient standing to
maintain an action in a court of law; or
(3) The issuance of the declaratory order may
adversely affect the interest of the State,
the foundation, or any officer or employee
of the State or foundation in any litigation
which is pending or may which may be
reasonably expected to arise; or
(4) The petition requests a ruling on a
statutory provision not administered by the
foundation or the matter is not otherwise
within the foundation’s jurisdiction. [Eff:
Feb 12, 1987] (Auth: HRS §§9-5, 91-8) (Imp:
HRS §§9-5, 91-8)

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§3-95-4 Hearing. No hearing need be granted to
the petitioner or to any interested person in the
usual course of disposition of a petition for a
declaratory ruling. However, the foundation may order
a hearing on the disposition of the petition if the
petitioner submits a written request therefore,
stating in detail why a hearing is necessary for a
fair consideration of the need for a declaratory
ruling on the matter stated in the petition. [Eff:
Feb 12, 1987] (Auth: HRS §§9-5, 91-8) (Imp: HRS §§9-
5, 91-8)
§3-95-4
§3-95-5 Disposition of petition. The
foundation, with reasonable promptness, shall either
deny the petition, stating the reasons therefore in
writing, or issue a declaratory ruling. The director
shall promptly notify the petitioner of the
foundation’s action. [Eff: Feb 12, 1987] (Auth: HRS
§§9-5, 91-8) (Imp: HRS §§9-5, 91-8)
§3-95-6 Applicability of ruling. A ruling on a
petition shall apply only to the fact situation
contained in the petition or as set forth in the
ruling. A ruling shall not apply to different fact
situations or to situations where additional facts,
not contained in the petition, exist. [Eff: Feb 12,
1987] (Auth: HRS §§9-5, 91-8) (Imp: HRS §§9-5, 91-8)