§91-7  Declaratory judgment on validity ofrules.  (a)  Any interested person may obtain a judicial declaration as tothe validity of an agency rule as provided in subsection (b) herein by bringingan action against the agency in the circuit court of the county in whichpetitioner resides or has its principal place of business.  The action may bemaintained whether or not petitioner has first requested the agency to passupon the validity of the rule in question.

(b)  The court shall declare the rule invalidif it finds that it violates constitutional or statutory provisions, or exceedsthe statutory authority of the agency, or was adopted without compliance withstatutory rulemaking procedures. [L 1961, c 103, §7; Supp, §6C-7; HRS §91-7]

 

Attorney General Opinions

 

  Agency rule adopted under former version of statute withoutauthority upon statute's amendment.  Att. Gen. Op. 85-13.

 

Case Notes

 

  Plaintiff required to exhaust remedy under this sectionbefore resorting to federal court to attack regulation as unconstitutional. 252 F. Supp. 223.

  Rules not adopted in compliance with chapter 91 are invalid. 55 H. 478, 522 P.2d 1255.

  Dismissal of complaint for declaratory judgment for failureto join indispensable parties held erroneous.  58 H. 292, 568 P.2d 1189.

  "Interested persons."  63 H. 166, 623 P.2d 431.

  Plaintiff had standing under "injury in fact" testto bring action under this section where plaintiff alleged injury by insurer'sdenial of medical treatment, injury fairly traceable to agency's rules, anddecision precluding use of rule would likely provide plaintiff relief.  82 H.249, 921 P.2d 169.

  A water management area designation under chapter 174C maynot be challenged in an original action pursuant to this section.  83 H. 484,927 P.2d 1367.

  A plaintiff seeking "a judicial declaration as to thevalidity of an agency rule", pursuant to this section, must "resideor have its principal place of business" in the county in which theadjudicating circuit court sits; initiating an action under this section in thewrong circuit is a defect of jurisdiction mandating dismissal.  114 H. 87, 157P.3d 526.

  For purposes of declaratory actions brought pursuant tosubsection (a), the circuit court of the plaintiff's domicile is the onlycircuit court that may exercise jurisdiction over the subject matter.  114 H.87, 157 P.3d 526.

  Under this section, court authorized to order ancillary,affirmative relief.  5 H. App. 419, 697 P.2d 43; 6 H. App. 160, 715 P.2d 813.

  Cited:  939 F. Supp. 746.