§91-8  Declaratory rulings by agencies.  Any interested person may petition an agency for a declaratory order as to the applicability of any statutory provision or of any rule or order of the agency.  Each agency shall adopt rules prescribing the form of the petitions and the procedure for their submission, consideration, and prompt disposition.  Orders disposing of petitions in such cases shall have the same status as other agency orders. [L 1961, c 103, §8; Supp, §6C-8; HRS §91-8]

 

Case Notes

 

  Hawaii public employment relations board was empowered to make declaratory ruling regarding whether violation of collective bargaining agreement is a prohibited practice.  60 H. 436, 591 P.2d 113.

  Where an agency employee's only interest in obtaining a declaratory ruling from that agency stems from his or her work as an agency employee, that interest is insufficient to satisfy this section's standing requirements; where executive director's interest in filing the petition stemmed from the director's work as executive director, the Hawaii civil rights commission did not have jurisdiction to issue a declaratory order on the petition.  104 H. 158, 86 P.3d 449.

  Orders disposing of petitions for declaratory rulings under this section are appealable to the circuit court pursuant to §91-14; thus, circuit court had proper jurisdiction to review Hawaii labor relations board order.  107 H. 178, 111 P.3d 587.