Haw. Code R. § 23-2-3 - Format and certification of petition

(a) Any interested person may submit, pursuant to section 91-6, Hawaii Revised Statutes, a signed petition either in person or by mail to the department requesting the adoption, amendment, or repeal of rules. The petition shall be legibly written or typed, identifiable by name, address, and zip code.

(b) The petition shall set forth the text of the:

(1) Rule to be repealed; proposed rule sought to be adopted; or existing rule sought to be amended, together with the petition; and

(2) The facts or circumstances giving rise to the petition to include but not limited to:

(A) The petitioner's interest and reasons for the petition;

(B) The necessity for rule relief;

(C) The anticipated effects or impact of the rule relief;

(D) Questions or issues raised by the rule relief; and

(E) The petitioner's position or contentions with respect to questions or issues raised.

(c) The department may require a petitioner' to submit a statement or memorandum of additional facts clarifying a specific factual issue which will aid the department in its consideration of what action to take on a petition.

(d) The department may refuse to consider the petition where:

(1) The petition is not supported by a memorandum of authorities;

(2) The petition is deemed frivolous;

(3) The matter is not within the department's jurisdiction;

(4) The petition is based on hypothetical or speculative facts;

(5) A controversy of material fact exists which needs to be resolved before any rule relief may be considered or granted; or

(6) The petition would be more appropriately brought as a grievance.

(e) Unless otherwise provided, all petitions shall be filed with the department.

Notes

Haw. Code R. § 23-2-3

[Eff APR 15 2000] (Auth: HRS § 353C-2) (Imp: HRS § 91-6)