Haw. Code R. § 19-1-26 - Petitions for adoption, amendment or repeal of rules

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

(b) Form and contents. Petitions for rulemaking action shall conform to the requirements of section 19-1-10. The petition shall set forth the text of the proposed rule or amendment desired or specify the rule the repeal of which is desired and state 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 the petitioner. The department may also require the petitioner to serve other persons or governmental agencies known to be interested in the proposed rulemaking. No request for the adoption, amendment, modification or repeal of a rule which does not conform to the requirements set forth above shall be considered by the department.

(c) Procedure. A petition for a change of rules shall be given a docket number and shall become a matter of public record upon filing. The department shall within thirty days following the filing of the petition either deny the petition in writing or may initiate the rulemaking procedure. No public hearing, oral argument, or other form of proceedings, shall be held directly on any petition, but if the department determines that a petition discloses sufficient reasons in support of the relief requested to justify the institution of a public hearing, the procedures to be followed will be as set forth in sections 19-1-21 to 25. Where the department determines that a petition does not disclose sufficient reasons to justify the institution of a public rulemaking action, or where the petition for a change of rules fails in material respect to comply with the requirements of these rules, petitioner shall be so notified together with the grounds for such denial or the department may request additional data and supporting authorities before proceeding on the petition. Failure on the part of the petitioner to furnish data or supporting authorities within the time specified in the request shall be deemed to be a withdrawal of the petition. The provisions of this section shall not operate to prevent the department, on its own motion, from acting on any matter set forth in any petition.

Notes

Haw. Code R. § 19-1-26

[Eff 6/1/81; comp OCT 16 2000] (Auth: HRS § 91-2) (Imp: HRS § 91-6)