Haw. Code R. § 11-201-16 - Initiation of Rulemaking Proceedings

A. The council, at any time on its own motion, may initiate proceedings for the adoption, amendment, or repeal of any rule of the council. Procedures to be followed in rulemaking proceedings shall be set forth in this chapter and applicable law.

B. Any interested person or agency may petition the council for the adoption, amendment, or repeal of any rule of the council. Petitions for rulemaking filed with the council shall become matters of public record.

C. Petitions for rulemaking shall conform to section 11-201-9 and shall contain:

1. The name, address, and telephone number of each petitioner;

2. The signature of each petitioner;

3. A draft or the substance of the proposed adoption or amendment or a designation of the provisions the repeal of which is desired;

4. A statement of the petitioner's interest in the subject matter; and

5. A statement of the reasons in support of the proposed adoption, amendment, or repeal.

D. The council, within thirty days after the filing of a petition for rulemaking, shall either deny the petition or initiate public rulemaking proceedings in accordance with chapter 91, Hawaii Revised Statutes.

E. Any petition that fails in any material respect to comply with the requirements of this section or that fails to disclose sufficient reasons to justify the institution of public rulemaking proceedings shall not be considered by the council. The council shall notify the petitioner in writing of the denial, stating the reasons therefore. Denial of a petition shall not operate to prevent the council from acting, on its own motion, on any matter disclosed in the petition. The petitioner may seek a review of the denial through the circuit court pursuant to chapter 91, Hawaii Revised Statutes.

F. If the council determines that the petition is in order and that it discloses sufficient reasons in support of the proposed rulemaking to justify the institution of rulemaking proceedings, the procedures to be followed shall be as set forth in sections 11-201-17 to 11-201-19 and applicable law.

Notes

Haw. Code R. § 11-201-16

[Eff 12/6/85] (Auth: HRS §§ 91-2, 91-6, 343-6) (Imp: HRS §§ 91-2, 91-6, 343-6)