section 91-8 declaratory order (Hawaii) · Go Syfert
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section 91-8 declaratory order in Hawaii

6 Hawaii opinions name it 1 courts 2005–2025 1 in the last five years

The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Fasi v. State of Hawaii Public Employment Relations Boardgreen
haw · 1979 · cited in 5 Hawaii opinions naming this issue, 2005–2015
2 sentences

2015See Citizens Against Reckless Dev. v. Zoning Bd. of Appeals, 114 Hawai'i 184, 196-97 , 159 P.3d 143, 155-56 (2007) (“[T]he declaratory ruling procedure of HRS § 91-8 is meant to provide a means of seeking a determination of whether and in what way some statute, agency rule, or order, applies to the factual situation raised by an interested person.” (emphasis in original)); Fasi v. State Public Emp’t Relations Bd., 60 Haw. 436, 444 , 591 P.2d 113, 118 (1979) (“[HRS § 91-8] is designed to provide a means for securing from an agency its interpretation of relevant statutes, rules and orders....

2015See Citizens Against Reckless Dev. v. Zoning Bd. of Appeals, 114 Hawai'i 184, 196-97 , 159 P.3d 143, 155-56 (2007) (“[T]he declaratory ruling procedure of HRS § 91-8 is meant to provide a means of seeking a determination of whether and in what way some statute, agency rule, or order, applies to the factual situation raised by an interested person.” (emphasis in original)); Fasi v. State Public Emp’t Relations Bd., 60 Haw. 436, 444 , 591 P.2d 113, 118 (1979) (“[HRS § 91-8] is designed to provide a means for securing from an agency its interpretation of relevant statutes, rules and orders....

55
Lingle v. Hawai'i Government Employees Ass'n, AFSCME, Local 152green
haw · 2005 · cited in 2 Hawaii opinions naming this issue, 2012–2015
2 sentences

2015Ass’n, 107 Hawai'i 178, 186 , 111 P.3d 587, 595 (2005) (“[W]e hold that orders disposing of petitions for declaratory *398 rulings under HRS § 91-8 are appealable to the circuit court pursuant to HRS § 91-14.”); see also AlohaCare, 126 Hawai'i at 342 , 271 P.3d at 637 (declining to reach the issue of whether an “interested person” who petitions for a declaratory ruling under HRS § 91-8 is necessarily a “person aggrieved” pursuant to HRS § 91-14, but holding that in the given case, the petitioner was a “person aggrieved”).

2015Ass’n, 107 Hawai'i 178, 186 , 111 P.3d 587, 595 (2005) (“[W]e hold that orders disposing of petitions for declaratory *398 rulings under HRS § 91-8 are appealable to the circuit court pursuant to HRS § 91-14.”); see also AlohaCare, 126 Hawai'i at 342 , 271 P.3d at 637 (declining to reach the issue of whether an “interested person” who petitions for a declaratory ruling under HRS § 91-8 is necessarily a “person aggrieved” pursuant to HRS § 91-14, but holding that in the given case, the petitioner was a “person aggrieved”).

22
Vail v. Employees' Retirement System of Hawai'igreen
haw · 1993 · cited in 2 Hawaii opinions naming this issue, 2005–2012
2 sentences

2005Sys., 75 Haw. 42, 49-51 , 856 P.2d 1227, 1232-33 (1993) (entertaining an appeal, brought pursuant to HRS § 91-14, of an HRS § 91-8 declaratory order); Fasi v. State Pub.

2005Sys., 75 Haw. 42, 49-51 , 856 P.2d 1227, 1232-33 (1993) (entertaining an appeal, brought pursuant to HRS § 91-14, of an HRS § 91-8 declaratory order); Fasi v. State Pub.

12
In re: The Petition of Ku'ulei Higashi Kanahele and Ahiena Kanahele.green
haw · 2023 · cited in 1 Hawaii opinions naming this issue, 2025–2025
2 sentences

2025As relevant here, HRS § 91-14(g) provides the LUC’s findings of fact in a declaratory order will be affirmed unless they are “[c]learly erroneous in view of the reliable, probative, and substantial evidence on the whole record.” See HRS § 91-14(g)(5); Rosehill, 155 Hawaiʻi at 50, 556 P.3d at 96 (quoting In re Kanahele, 152 Hawaiʻi at 510, 526 P.3d at 487 ). (continued . . .) (3) Proceedings for the adoption, amendment, or repeal of rules under sections 91-3 and 205-7, HRS; (4) Petitions for declaratory orders under section 91-8, HRS; (5) An investigation or review instituted or requested to be

2025As relevant here, HRS § 91-14(g) provides the LUC’s findings of fact in a declaratory order will be affirmed unless they are “[c]learly erroneous in view of the reliable, probative, and substantial evidence on the whole record.” See HRS § 91-14(g)(5); Rosehill, 155 Hawaiʻi at 50, 556 P.3d at 96 (quoting In re Kanahele, 152 Hawaiʻi at 510, 526 P.3d at 487). (continued . . .) (3) Proceedings for the adoption, amendment, or repeal of rules under sections 91-3 and 205-7, HRS; (4) Petitions for declaratory orders under section 91-8, HRS; (5) An investigation or review instituted or requested to be

11
Card v. ZONING BD. OF HONOLULUgreen
haw · 2007 · cited in 1 Hawaii opinions naming this issue, 2015–2015
1 sentence

2015See Citizens Against Reckless Dev. v. Zoning Bd. of Appeals, 114 Hawai'i 184, 196-97 , 159 P.3d 143, 155-56 (2007) (“[T]he declaratory ruling procedure of HRS § 91-8 is meant to provide a means of seeking a determination of whether and in what way some statute, agency rule, or order, applies to the factual situation raised by an interested person.” (emphasis in original)); Fasi v. State Public Emp’t Relations Bd., 60 Haw. 436, 444 , 591 P.2d 113, 118 (1979) (“[HRS § 91-8] is designed to provide a means for securing from an agency its interpretation of relevant statutes, rules and orders....

11
AlohaCare v. Itogreen
haw · 2012 · cited in 1 Hawaii opinions naming this issue, 2015–2015
2 sentences

2015Ass’n, 107 Hawai'i 178, 186 , 111 P.3d 587, 595 (2005) (“[W]e hold that orders disposing of petitions for declaratory *398 rulings under HRS § 91-8 are appealable to the circuit court pursuant to HRS § 91-14.”); see also AlohaCare, 126 Hawai'i at 342 , 271 P.3d at 637 (declining to reach the issue of whether an “interested person” who petitions for a declaratory ruling under HRS § 91-8 is necessarily a “person aggrieved” pursuant to HRS § 91-14, but holding that in the given case, the petitioner was a “person aggrieved”).

2015Ass’n, 107 Hawai'i 178, 186 , 111 P.3d 587, 595 (2005) (“[W]e hold that orders disposing of petitions for declaratory *398 rulings under HRS § 91-8 are appealable to the circuit court pursuant to HRS § 91-14.”); see also AlohaCare, 126 Hawai'i at 342 , 271 P.3d at 637 (declining to reach the issue of whether an “interested person” who petitions for a declaratory ruling under HRS § 91-8 is necessarily a “person aggrieved” pursuant to HRS § 91-14, but holding that in the given case, the petitioner was a “person aggrieved”).

11
Citizens Against Reckless Development v. Zoning Board of Appealsgreen
haw · 2007 · cited in 1 Hawaii opinions naming this issue, 2015–2015
1 sentence

2015See Citizens Against Reckless Dev. v. Zoning Bd. of Appeals, 114 Hawai'i 184, 196-97 , 159 P.3d 143, 155-56 (2007) (“[T]he declaratory ruling procedure of HRS § 91-8 is meant to provide a means of seeking a determination of whether and in what way some statute, agency rule, or order, applies to the factual situation raised by an interested person.” (emphasis in original)); Fasi v. State Public Emp’t Relations Bd., 60 Haw. 436, 444 , 591 P.2d 113, 118 (1979) (“[HRS § 91-8] is designed to provide a means for securing from an agency its interpretation of relevant statutes, rules and orders....

11
Kim v. Employees' Retirement Systemgreen
hawapp · 1998 · cited in 1 Hawaii opinions naming this issue, 2012–2012
2 sentences

2012Lingle , 107 Hawai`i at 185-86, 111 P.3d at 594-95 ; Vail, 75 Haw. at 47-59 , 856 P.2d at 1231-37 ; see Kim , 89 Hawai`i at 71-73, 968 P.2d at 1081-84 .

2012Lingle, 107 Hawai'i at 185-86 , 111 P.3d at 594-95 ; Vail, 75 Haw. at 47-59 , 856 P.2d at 1231-37 ; see Kim, 89 Hawai'i at 71-73 , 968 P.2d at 1081-84 .

11
Sierra Club v. Hawaii Tourism Authoritygreen
haw · 2002 · cited in 1 Hawaii opinions naming this issue, 2005–2005
2 sentences

2005Employment Relations Bd., 60 Haw. 436, 437-43 , 591 P.2d, 113, 114-16 (1979) (noting that the “circuit court acquired jurisdiction [over a declaratory ruling] ... pursuant to HRS § 91-14”); see also Sierra Club v. Hawai'i Tourism Auth., 100 Hawai'i 242, 264 , 59 P.3d 877, 899 (2002) (explaining that HAPA “applies only to judicial review of contested case hearings, see HRS § 91-14, or ... a declaratory order from an agency regarding the ‘applicability of any statutory provision or of any rule or order of the agency,’ HRS § 91-8”).

2005Employment Relations Bd., 60 Haw. 436, 437-43 , 591 P.2d, 113, 114-16 (1979) (noting that the “circuit court acquired jurisdiction [over a declaratory ruling] ... pursuant to HRS § 91-14”); see also Sierra Club v. Hawai'i Tourism Auth., 100 Hawai'i 242, 264 , 59 P.3d 877, 899 (2002) (explaining that HAPA “applies only to judicial review of contested case hearings, see HRS § 91-14, or ... a declaratory order from an agency regarding the ‘applicability of any statutory provision or of any rule or order of the agency,’ HRS § 91-8”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Rosehill v. State of Hawai'i. green
haw · 2024
2 sentences

2025As relevant here, HRS § 91-14(g) provides the LUC’s findings of fact in a declaratory order will be affirmed unless they are “[c]learly erroneous in view of the reliable, probative, and substantial evidence on the whole record.” See HRS § 91-14(g)(5); Rosehill, 155 Hawaiʻi at 50, 556 P.3d at 96 (quoting In re Kanahele, 152 Hawaiʻi at 510, 526 P.3d at 487 ). (continued . . .) (3) Proceedings for the adoption, amendment, or repeal of rules under sections 91-3 and 205-7, HRS; (4) Petitions for declaratory orders under section 91-8, HRS; (5) An investigation or review instituted or requested to be

2025As relevant here, HRS § 91-14(g) provides the LUC’s findings of fact in a declaratory order will be affirmed unless they are “[c]learly erroneous in view of the reliable, probative, and substantial evidence on the whole record.” See HRS § 91-14(g)(5); Rosehill, 155 Hawaiʻi at 50, 556 P.3d at 96 (quoting In re Kanahele, 152 Hawaiʻi at 510, 526 P.3d at 487). (continued . . .) (3) Proceedings for the adoption, amendment, or repeal of rules under sections 91-3 and 205-7, HRS; (4) Petitions for declaratory orders under section 91-8, HRS; (5) An investigation or review instituted or requested to be

12025–2025

Statutes the citing opinions construe

HI § Haw. Rev. Stat. § 91-14 (6) HI § Haw. Rev. Stat. § 91-8 (6) HI § Haw. Rev. Stat. § 91-6 (4) HI § Haw. Rev. Stat. § 91-1 (3) HI § Haw. Rev. Stat. § 91-7 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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