Haw. Code R. § 23-602-3 - 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 adoption, amendment, or repeal of any rule.

(b) Petitions for rulemaking shall:

(1) Set forth the text of any proposed rule or amendment desired or specify the rule the repeal of which is desired;

(2) State concisely the nature of the petitioner's interest in the subject matter;

(3) Set forth the reasons for seeking the adoption, amendment, or repeal of the rule; and

(4) Include any acts, opinions, arguments, and data deemed relevant by petitioner.

(c) The commission may require the petitioner to give copies to persons or governmental agencies known to be interested in the proposed rulemaking. No request for the adoption, amendment, or repeal of a rule which does not conform to the above requirements will be considered by the commission.

(d) Petitions for rulemaking shall become matters of public record upon filing with the commission. 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 directly on any such proceeding, 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 section. 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 will be so notified together with the grounds for such denial. 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. § 23-602-3

[Eff SEP 03 1994] (Auth: HRS § 351-68) (Imp: HRS § 91-6)