Report Title:

Declaratory Judgment; Administrative Rules

Description:

Allows a person to challenge an administrative rule as an invalid exercise of executive authority in creating policy or adopting procedures that are beyond the enable legislation; allows a declaratory judgment even if the person has not yet been aggrieved or injured.

HOUSE OF REPRESENTATIVES

H.B. NO.

2075

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to administrative rules.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 91-7, Hawaii Revised Statutes, is amended to read as follows:

"§91-7 Declaratory judgment on validity of rules. (a) Any interested person may obtain a judicial declaration as to the validity of an agency rule as provided in subsection (b) herein by bringing an action against the agency in the circuit court of the county in which petitioner resides or has its principal place of business. The action may be maintained whether or not petitioner has actually been aggrieved or injured or has first requested the agency to pass upon the validity of the rule in question.

(b) The court shall declare the rule invalid if it finds that it: [violates]

(1) Violates constitutional or statutory provisions[, or]; [exceeds]

(2) Exceeds the statutory authority of the agency[, or]; [was]

(3) Was adopted without compliance with statutory rulemaking procedures[.]; or

(4) Is an invalid exercise of executive authority in creating policy or adopting procedures that exceed the enabling legislation."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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