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
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