Haw. Code R. § 13-167-46 - Petitions for adoption, amendment or repeal of rules

(a) Any interested person or any agency of the state or county government may petition the commission for the issuance, amendment, modification, or repeal of any rule which is designed to implement, interpret, or prescribe law, policy, organization, procedure, or practice requirements of the commission.

(b) Petitions for 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 issuance, amendment, or repeal of the rule and shall include any facts, views, arguments, and data deemed relevant by petitioner. The commission may require the petitioner to adequately and properly notify persons or governmental agencies known to be interested in the proposed rulemaking of the existence of the filed petition. No request for the issuance, amendment, modification, or repeal of a rule which does not conform to the requirements set forth above shall be considered by the commission.

(c) Petitions for rulemaking shall become matters of public record upon filing. The commission 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, but if the commission 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 this subchapter. Where the commission 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 so notified together with the grounds for the denial. The provisions of this section shall not operate to prevent the commission, on its own motion, from acting on any matter disclosed in any petition.

Notes

Haw. Code R. § 13-167-46

[Eff. MAY 27, 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 91-6, 92-16)