Declaratory Rulings

A Petition for Declaratory Ruling is subject to the provisions in the LUC Rules Sections 15-15-99 to 15-15-104, Hawaiʻi Administrative Rules (HAR).  Petitions for Declaratory Ruling request the Commission to determine the applicability of statutory (Hawaiʻi Revised Statutes), administrative (Hawaiʻi Administrative Rules), or a Decision and Order by the Commission.  In addition, requests for designation of lands as Important Agricultural Lands (IAL) are also subject to the Declaratory Ruling process; reference to Sections 205-41 to 205-52, HRS; and Sections 15-15-120 to 15-15-128, HAR.

Declaratory Orders – General

The Declaratory Orders come from petitions that ask specific questions about the interpretation or implementation of statutory language in Chapter 205, HRS or the Commission’s administrative rules in Chapter 15-15, HAR.  The numbering of dockets reflects:  the type of docket – declaratory ruling (DR); the last two digits of the year the docket was filed (i.e. DR08 for 2008); then a sequential number that reflects the order in which they have been filed; and followed by the name of the applicant.  In example:  DR08-36 Ko Olina Development, LLC indicates that the docket was filed in 2008 and is the 36th declaratory order filed with the Commission.

Declaratory Orders – Important Agricultural Lands designations

 These are a special class of declaratory orders concerning the designation process of lands within the State Agricultural District as Important Agricultural Lands (IAL).  This process is pursuant to statutory language contained in Sections 205-41 through 205-52, HRS; and LUC administrative rules Sections 15-15-120 to 15-15-128, HAR.  The numbering of dockets follows the process explained in the section above.