Haw. Code R. § 13-1-26 - Petitions for adoption, amendment, or repeal of rules
(a)
Any interested person may petition the board for the adoption, amendment, or
repeal of any rule.
(b) Petitions
for proposed rulemaking shall set forth the text of any proposed rule or
amendment desired or specifying the rule the repeal of which is desired and
stating concisely the nature of the petitioner's interest in the subject matter
and the reasons for seeking the adoption, amendment, or repeal of the rule and
shall include any facts, views, arguments, and data deemed relevant by
petitioner. The board may require the petitioner to notify persons or
governmental agencies known to be interested in the proposed rulemaking of the
existence of the filed petitions. No request for the issuance, amendment, or
repeal of a rule which does not conform to the requirements set forth above
shall be considered by the board.
(c) Petitions for proposed rulemaking shall
become matters of public record upon filing. The board shall within thirty days
following the filing of the petition either deny the petition in writing or
initiate public rulemaking procedures. No public hearing, oral argument, or
other form of proceedings need be held on the petition. If the board determines
that the petition discloses sufficient reasons in support of the relief
requested to justify the institution of public rulemaking proceedings, the
procedures to be followed shall be as set forth in section
91-3,
HRS, § 13-1-21 and § 13-1-22. When the board determines that the
petition does not disclose sufficient reasons to justify the institution of
public rulemaking procedures, or where the petition for rulemaking fails in any
material respect to comply with the requirements of these rules, the petitioner
shall be notified and given the grounds for the denial. The provisions of this
section shall not operate to prevent the board, on its own motion, from acting
on any matter disclosed in any petition.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.