Haw. Code R. § 3-1-4 - Petitions for adoption, amendment or repeal of rules and regulations

(a) Any interested person or any agency of the state or county government may petition the comptroller for the adoption, amendment, modification or repeal of any rule or regulation. For the purpose of this section, such petitions shall be considered as part of the rulemaking proceedings.

(b) Such petition for rulemaking shall set forth the text of any proposed rule or regulation or amendment desired or specifying the rule or regulation the repeal of which is desired and stating concisely the nature of his interest in the subject matter and his reasons for seeking the adoption, amendment or repeal of the rule or regulation and shall include any facts, views, arguments and data deemed relevant by the petitioner. The comptroller may also require the petitioner to serve other persons or governmental agencies known to be interested in the proposed rulemaking.

(c) Upon filing, such petitions for the rulemaking shall be given a docket number and will become matters of public record upon filing. The comptroller shall within thirty days following the filing of the petition either deny the petition in writing or initiate proceedings for the adoption, amendment or repeal of the rule or regulation as provided by law. No public hearing, oral arguments, or other form of proceedings will be held directly on any such petition. If the comptroller determines that the petition does not disclose sufficient reasons to justify the commencement of public rulemaking proceedings, or if the petition for rulemaking fails in material respect to comply with the requirements of these rules, the comptroller shall deny the petition and the petitioner shall be so notified. The provisions of this section shall not prevent the comptroller, on an independent motion, from acting on any matter disclosed in any petition.

Notes

Haw. Code R. § 3-1-4

[Eff. MAR 30 1981] (Auth: HRS Sec. 26-38) (Imp: HRS Sec. 91-6)