Haw. Code R. § 12-54-2 - Petition
(a) Any interested person may petition the
department for the adoption, amendment, or repeal of any rule or standard by
submitting a written request to the director. A copy of the request shall be
submitted to the division. The request shall set forth:
(1) The text of the rule proposed for
adoption, amendment or repeal;
(2)
The reasons for and the intended effect of the proposed rulemaking;
(3) Any facts, views, and arguments in
support of the proposed rulemaking; and
(4) The name, address, and phone number of
the person making the request.
(b) The director may require the petitioner
to serve other persons or governmental agencies known to be interested in the
proposed rulemaking.
(c) Within
thirty days of the receipt of the request, the department shall either deny the
petition in writing, stating the reasons, or initiate proceedings preparatory
to adoption except where federal approval or requirements prevent initiation
within thirty days.
(d) If the
director determines that the petition does not disclose sufficient reasons to
justify the commencement of public rulemaking proceedings, or if the petition
for rulemaking fails in material respect to comply with the requirements of
this chapter, the director shall deny the petition and the petitioner shall be
notified. The provisions of this section shall not operate to prevent the
director from acting on any matter disclosed in any petition.
Notes
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