Haw. Code R. § 14-23.1-1 - Initiation of rulemaking proceedings

(a) The board may, at any time on its own motion, initiate proceedings for the adoption, amendment or repeal of any rule of the board. Procedures to be followed in rulemaking shall be as set forth in rules of the board and the applicable statutes.

(b) Any interested person or agency may petition the board for the adoption, amendment, or repeal of any rule of the board. Petitions for rulemaking filed with the board will become matters of public record.

(1) Petitions for rulemaking shall conform to the requirements of section 14-22.1-5 and shall contain: the name, address and telephone number of each petitioner; the signature of each petitioner; a draft or the substance of the proposed rule or amendment or a designation of the provisions the repeal of which is desired; a statement of the petitioner's interest in the subject matter; and a statement of the reasons in support of the proposed rule, amendment, or repeal. The original and five copies of the petition and other documents shall be filed with the board.

(2) The board shall, within thirty days after the filing of a petition for rulemaking, either deny the petition or initiate public rulemaking proceedings.

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

(4) If the board 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 14-23.1-3 through 14-23.1-6 and the applicable statutes.

Notes

Haw. Code R. § 14-23.1-1

[Eff OCT 24 2003] (Auth: HRS §§ 91-2, 91-6) (Imp: HRS §§ 91-2, 91-3, 91-6)