Haw. Code R. § 11-20-27 - Public hearings on variances, variance schedules, and exemption schedules
(a) Before a
variance, variance schedule, or exemption schedule proposed by the director
pursuant to section
11-20-26 may take effect, the director shall provide notice and opportunity for public
hearing on the variance, variance schedule, or exemption schedule. A notice
given pursuant to the preceding sentence may cover the granting of more than
one variance, variance schedule, or exemption schedule and a hearing held
pursuant to such notice shall include each of the variances, variance
schedules, or exemption schedules covered by the notice. Such notice shall
include a summary of the proposed variance, variance schedule, or exemption
schedule, and shall inform interested persons that they may submit written
comments on the proposed variance, variance schedule, or exemption schedule,
and may request a public hearing.
(b) Public notice of an opportunity for
hearing on a variance, variance schedule, or exemption schedule shall be
circulated in a manner designed to inform interested and potentially interested
persons of the proposed variance, variance schedule, or exemption schedule, and
shall, in addition to compliance with section
92-41, HRS,
include at least the following:
(1) Posting of
a notice in the principal post office of each community or area served by the
public water system, and publishing of a notice in a newspaper or newspapers of
general circulation in the area served by the public water system;
and
(2) Mailing of a notice to
other appropriate state or local agencies at the director's
discretion.
(c) Requests
for hearing may be submitted by an interested person. Frivolous or
insubstantial requests for hearing may be denied by the director. Requests
shall be submitted to the director within thirty days after issuance of the
public notices provided for in subsection (b). Such requests shall include the
following information:
(1) The name, address,
and telephone number of the individual, organization, or other entity
requesting a hearing;
(2) A brief
statement of the interest of the person making the request in the proposed
variance, variance schedule, or exemption schedule and of information that the
requesting person intends to submit at such hearing; and
(3) The signature of the individual making
the request, or, if the request is made on behalf of an organization or other
entity, the signature of a responsible official of the organization or other
entity.
(d) The director
shall give notice in the manner set forth in subsection (b) of any hearing to
be held pursuant to a request submitted by an interested person or on the
person's own motion. Notice of the hearing shall also be sent to the persons
requesting the hearing, if any. Notice of the hearing shall include a statement
of the purpose of the hearing, information regarding the time and location for
the hearing, and the address and telephone number of an office at which
interested persons may obtain further information concerning the hearing.
Notice of the hearing shall be given not less than fifteen days prior to the
time scheduled for the hearing.
(e)
A hearing convened pursuant to subsection (d) shall not be deemed
to be a "contested case" hearing within the meaning of chapter 91, Hawaii
Revised Statutes. The hearing shall be conducted before a hearing officer to be
designated by the director, or the director may conduct the hearing. The
hearing shall be conducted by the hearing officer in an informal, orderly and
expeditious manner. The hearing officer shall have authority to call witnesses,
receive oral and written testimony and take such other action as may be
necessary to assure the fair and efficient conduct of the hearing.
(f) The director may provide that the
variance, variance schedule, or exemption schedule shall become effective
thirty days after notice of opportunity for hearing is given pursuant to
subsection (b) if no timely request for hearing is submitted and the director
does not determine to hold a public hearing on the director's own motion.
Notes
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