Haw. Code R. §§ 11-124.14 - Reopening of the public comment period
(a)
(1) The director may order the public comment
period reopened if the procedures of this paragraph could expedite the
decisionmaking process. When the public comment period is reopened under this
paragraph, all persons, including applicants, who believe any condition of a
draft permit is inappropriate or that the director's tentative decision to deny
an application, terminate a permit, or prepare a draft permit is inappropriate,
must submit all reasonably available factual grounds supporting their position,
including all supporting material, by a date, not less than sixty days after
public notice under paragraph (a)(2) of this section, set by the director.
Thereafter, any person may file a written response to the material filed by any
other person, by a date, not less than twenty days after the date set for
filing of the material, set by the director.
(2) Public notice of any comment period under
this paragraph shall identify the issues to which the requirements of §
124.14(a) shall apply.
(3) On his
own motion or on the request of any person, the director may direct that the
requirements of paragraph (a)(1) of this section shall apply during the initial
comment period where it reasonably appears that issuance of the permit will be
contested and that applying the requirements of paragraph (a)(1) of this
section will substantially expedite the decisionmaking process. The notice of
the draft permit shall state whenever this has been done.
(4) A comment period of longer than 60 days
will often be necessary in complicated proceedings to give commenters a
reasonable opportunity to comply with the requirements of this section.
Commenters may request longer comment periods and they shall be granted under
§ 124.10 to the extent they appear necessary.
(b) If any data information or arguments
submitted during the public comment period, including information or arguments
required under § 124.13, appear to raise substantial new questions
concerning a permit, the director may take one or more of the following
actions:
(1) Prepare a new draft permit,
appropriately modified, under § 124.6;
(2) Prepare a revised statement of basis
under § 124.7, a fact sheet or revised fact sheet under § 124.8 and
reopen the comment period under § 124.14; or
(3) Reopen or extend the comment period under
§ 124.10 to give interested persons an opportunity to comment on the
information or arguments submitted.
(c) Comments filed during the reopened
comment period shall be limited to the substantial new questions that caused
its reopening. The public notice under § 124.10 shall define the scope of
the reopening.
(d)
[Reserved]
(e) Public notice of any
of the above actions shall be issued under § 124.10.
Notes
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